Common use of Layoff Recall Clause in Contracts

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 6 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1. 13.1 In the event an it becomes necessary to lay off any employee must or employees, such layoff shall be laid offby department or office. The least senior employee (as defined in section 12.1) shall be the first employee subject to layoff, layoff provided the remaining employees are qualified and able to perform the work. Employees will be on the basis of senioritygiven a twenty (20) working day notice when possible, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification the effective date of layoff. Employees receiving a layoff notice shall be offered the individual to be laid off.following options: (1) Be placed on a recall list for the department or division they are leaving; (2. An employee ) Interview for any open position in a position being reduced or eliminated shall have the right to be transferred to the full- time position held another department covered by this agreement, if the employee with meets the least seniority minimum and/or special requirements/qualifications, training or skills required for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3position. If the Board acts to lay off an employee, every effort employee is selected after the interview process the employee will be made to notify a probationary employee as defined in Sections 3.5 and 12.2 of this agreement. Any employee(s) laid off shall be eligible for reinstatement for a period of one (1) year. No new employee(s) shall be hired within the employee affected department until available and qualified employees on a recall list have been offered re- employment in the reverse order of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Actlayoff. To be eligible for re-employment, a laid off employee shall maintain a current address with the employer, and shall be recalled eligible for re-employment only for the period of one (1) year subsequent to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date An offer of an employee's layoff are only taken into consideration in recall to vacant positions. A laidre-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall employment shall be in writing with a copy to the Association President. The notification shall be and sent by registered or certified mail to the employee at the address provided by the employee’s last known address. It An employee shall have ten (10) calendar days from the date of mailing to give notice of accepting or rejecting re- employment. Failure to respond, or rejection of re-employment, will result in removal from the recall list. Should the employee accept re-employment, they may take another ten (10) calendar days from acceptance before they are required to return to work. Failure to be available for work within ten (10) calendar days may result in withdrawal of the responsibility re-employment offer and forfeiture of each all recall rights under this Section. 13.2 In the event the recall list shall become exhausted, the Employer then has the right to step up persons with less than six (6) months of service or hire a new employee to notify for the Board of any change in addressposition involved.

Appears in 3 contracts

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

Layoff Recall. A. As I. When, in the sole opinion of the DISTRICT, it relates is necessary to individual reduce the working force of the DISTRICT, temporary employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1. In the event an employee must in each job shall be laid off first. Employees who have not completed their probationary period in each job family shall be laid off next before any permanent employees are laid off. If a further need to reduce the work force exists, layoff will employees shall be on the basis laid off in an inverse order of seniority, certification, and qualificationsby classification. II. It is understood that Employees shall be given a minimum of two (2) weeks advance written notice of layoff indicating the Association reasons which makes the layoff necessary. III. Employees shall be laid off in inverse order of their seniority according to their job title. IV. An employee who loses his/her position because of the abolishment of said position shall have the right to review apply for and shall be eligible, in accordance with the layoff list prior seniority provisions to notification claim the job of the individual least senior employee within his/her classification, provided the senior employee has the qualifications, skills and ability to be laid off. 2do the job. An employee in a position being reduced or eliminated shall have scheduled for layoff may decide to accept the layoff and waive his/her right to be transferred to the full- time position held by the employee with the least seniority for which the more bump a less senior employee is certified and in another job family for whose job they are qualified. No part-time positions employee may bump a full-time employee from a position even though the full-time employee may have less seniority. Full-time employees, however, may bump part-time employees with less seniority. V. Ties in seniority for all purposes shall be created to retain a senior employeebroken by the drawing of lots. 3VI. Employees shall be recalled in the order of seniority and job family on the basis of need as solely determined by the DISTRICT to positions for which they are qualified. It is understood that an employee may be in a lay off status from their job title but not be unemployed within the school DISTRICT. Any employee who is laid off in excess of twenty-four (24) months shall lose his/her right to recall under the provisions of this Article. If a position becomes available during a time when employees have been laid off within the Board acts to lay past 2 years, the most senior employee within that job description shall be recalled into the open position. If a position becomes available and no employees within that job description have been laid off an employeeduring the past 2 years, every effort will be made to notify and other employees with the employee of Physical Plant department that Board action have been laid off within two (2) working days the past 2 years, and meet the requirements of the actionjob description, the most senior employee meeting the qualifications shall have the option of being recalled into the open position. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, VII. The EMPLOYER shall recall a laid off employee when an opening occurs; however, if such employee refuses the open job then such employee shall be recalled to removed from the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be basedlist. C. As it relates to individual employees who are not regulated by VIII. In the Teacher Tenure Act, event that an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a employee is laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this Districtoff, the Board may grant requests employee shall, upon request, receive payment for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employedearned unused vacation leave. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 3 contracts

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

Layoff Recall. A. As When it relates becomes necessary, due to individual a lack of work or funds or job abolishment, to reduce the number of employees who are not regulated by in the Teacher Tenure Act, if conditions warrant a layoff of personnelbargaining unit, the Employer shall determine the number of positions by classification and the following layoff procedure will shall be used: 1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association followed.‌ The Employer shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by notify the employee with the least total continuous seniority for which from most recent date of continuous hire as a permanent employee with the more senior employee is certified and qualifiedCity of Xxxxxxxx that they are to be laid off. No The Employer shall lay off in the following order. First, employees holding appointment in categories of temporary, intermittent, temporary part-time positions time, seasonal, provisional, casual and probationary, and then permanent. each case, the employee must be presently qualified to perform the work. Such bumping rights shall occur in units represented by the IUOE, Local 20. In addition, persons who had previously held the position of Meter Reader shall be created permitted to retain bump in the Metering unit. Any person who has been passed over on a senior employee. 3Preferred Eligibles list because he or she was not capable of performing a particular job shall remain on the list for consideration if other openings occur. If A person who has declined appointment shall be removed from the Board acts list. The Employer shall give the effected employees fourteen (14) calendar days’ written notice of their layoff unless a longer time frame is otherwise required by statute. Employees who are laid off shall have recall rights to lay the position from which they were laid off an employee, every effort will be made to notify the employee for a period of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee years. Employees shall be recalled to in the first vacancy for which he/she is certified and qualified and in reverse inverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall An employee to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to notified by certified letter/return receipt of the Association Presidentoffer of recall. The notification letter shall be sent by certified mail mailed to the employee’s last known address. It A recalled employee shall be allowed ten (10) calendar days from receipt of the notice to return to work. An employee failing to return to work within ten (10) calendar days shall be deemed to have declined recall and shall have no recall rights thereafter. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice by certified mail, return receipt requested, to the mailing address provided by the employee, it being the obligation and responsibility of the employee to provide the Employer with his or her latest mailing address. Each employee who may have an interest in any position unrelated to the classification series from which he or she was displaced, shall provide the Department of Civil Service and Personnel with an updated listing of qualifications, credentials and types of interest. In the event of a tie among two (2) or more employees with respect to the order of layoff or recall, the affected employees shall draw lots, according to a mutually agreed procedure, to determine the order of layoff or recall. The provisions of this Article shall be the responsibility sole and exclusive authority for the layoff, job abolishment, or recall of each employee employees subject to notify this Agreement, notwithstanding any contrary provision of the Board of any change in address.Ohio

Appears in 3 contracts

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

Layoff Recall. A. As it relates to individual In layoffs and recalls, full-time and part-time employees who have completed their probation period have priority for an opening for which they are qualified over employees who are not regulated by being laid off. (Note: For purposes of this Article, a permanent, involuntary reduction from full- time to part-time status or from regular to relief or intermittent status shall be considered a layoff.) Within classifications employees would be considered for layoff in the Teacher Tenure Act, if conditions warrant a layoff following order: a. employees volunteering for layoffs; b. temporary employees; c. intermittent employees; d. relief employees; e. probationary employees; and f. full-time and part-time employees. Employees shall be provided with notice of personnelat least twenty-one (21) calendar days in the event of layoff. If less than twenty-one (21) calendar days’ notice is given, the following procedure Hospital will pay the employee through the 21st calendar day after notice at the employee’s step wage for normally scheduled hours, up to a maximum of one hundred twenty (120) hours’ pay. There is no credit for earned leave on such pay. Full-time and part-time employees by shift and department shall be used: 1selected for layoff on a seniority basis except a more senior employee may be laid off out of seniority if the Hospital determines the employee is not qualified to perform the work in the department during the layoff or does not possess the special skills (i.e., qualifications and credentials) necessary for the job which are possessed by a less senior employee, provided the Hospital’s determination shall not be arbitrary or capricious. Full-time and part-time employees laid off under the foregoing paragraph may choose to bump the least senior employee in the same job classification and department if such employee is on a different shift, and provided the employee is qualified to perform the work. For purposes of this provision only, “Housekeeping” shall be considered one department. In the event of such a bump, the bumping employee must agree to take the schedule and hours of the bumped employee, and the bumped employee shall be laid off. In order to exercise a bump as described above, an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee Hospital’s Director of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure ActHuman Resources, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date writing of his/her desire to exercise a bump within seven (7) calendar days of receiving notice of layoff. D. As it relates to individual employees who are not regulated by . The Hospital will maintain employee’s names on a recall list for twelve (12) months following their last day worked. When a position within the Teacher Tenure Act, a former classification becomes available the employee laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall last shall be in writing with a copy to considered for rehire first, provided the Association Presidentformer employee is qualified for the work available. The notification shall be sent employer will inform the employee in person or by certified mail letter sent to the employee’s last known addressaddress on file. An employee who does not return to work as specified in the recall notice shall be deemed to have voluntarily resigned. It shall be the responsibility of each the employee to notify keep the Board Hospital and the Union informed of any change in their current address. An employee who is recalled within twelve (12) months of layoff pursuant to the foregoing paragraph shall be restored to his or her former step and shall not lose seniority. The Hospital agrees that following notice of layoff, it will meet with the Union, upon written request, to discuss potential alternatives to layoffs. The parties agree, however, that such meetings shall not extend the twenty-one (21) day notice period described above. If the parties are unable to reach agreement on suggested alternatives, the provisions of this Article 20 shall control.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Recall. A. As 14.1 When the Company deems it relates necessary to individual reduce the workforce for up to one (1) day, employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1offered lay-off on a voluntary basis by seniority in their classification/shift/department. In the event an employee must be laid offthat there are insufficient volunteers in the classification / shift / department who volunteer for the layoff, layoff employees in the classification will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and sent home in reverse order of seniority. 14.2 If a layoff in excess of one full shift is anticipated, the Employer will meet to inform the Union as far in advance as is practicable. Notice of Layoff shall be in accordance with the Employment Standards Act, R.S.O. 2000, as amended. However where the layoff is in excess of one (1) full shift, the Company shall give employees, seven (7) calendar days’ notice of layoff, except for the reasons specified in Article 21. Changes in certification and qualifications after Probationary employees, if any, shall be laid off first. Where business conditions allow, the effective date Company will post layoff notices on Friday. 14.3 The following is the process/procedure when reducing the workforce for greater than one (1) day: a) The number of an employee's layoff are only taken into consideration in recall employees to vacant positions. A laid-be laid off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position identified. Layoff notices will be given to any currently employedan equal number of employees in reverse order of seniority. b) The positions vacated by the junior employees who have been given notice of layoff that must be filled will be identified by the Company. Shift types (8 hour vs. Continental) and shift avail- ability for those vacant positions to be worked will be identified in all classifications and may be filled by remaining employees in said classifications by seniority, qualified applicant. It is pursuant to the laid off employee’s responsibility to have Switch Shift Request Form applications on file with at the District time. c) Next, a current certificate (including any additions or revisions list of remaining positions will be created showing the availability within the plant due to the certificate) overall reduction of the workforce. This list will be known as well as a current statement the “Job Pool.” Please note: Employees who have not been affected by these reductions because they had the seniority to maintain their positions in the classification cannot be displaced off of any qualifications upon which recall decisions their shifts due to the “temporary placement” of workers from outside the classification. However, these employees may be basedmoved temporarily to help with training for a reasonable amount of time. Thereafter, they will be returned to their shifts, in accordance with their seniority. C. As it relates d) Jobs identified in the Job Pool will be offered by seniority to individual employees the employee(s) who are displaced from their respective classifications, but still maintain enough seniority to remain at work. e) If any temporary job postings are being filled at the time of layoff, they will be reduced first. When more than one temporary posting in said classification exists, they will be reduced by senior may, junior must. f) In the case where a Continental shift is eliminated the classification will be realigned by seniority. 14.4 When recalling an employee after layoff, the employee shall be notified personally, or, if personal contact is not regulated made, by the Teacher Tenure Act, an employee’s right to recall registered mail. The employee shall only extend for a period of three be allowed eight (3) years 8) consecutive calendar days from the effective date of his/her layoffthe personal notice or registration date to report for work. All calls will be made in the presence of a Union Representative. The employee is responsible for providing their current address and phone numbers and emergency contacts to the Human Resources Department at all times. A copy of the registered letter will be provided for the Plant Chairperson at the time of mailing. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions 14.5 a) Employees will be recalled in order of existing policies provided such continuation does not affect the group rateseniority. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff Recall. A. As 4:01 In recognition of the Employer’s responsibility for efficient operations it relates is understood and agreed that ability to individual employees who are not regulated by perform the Teacher Tenure Act, if conditions warrant situation is essential and shall apply in a layoff of personnelin a recall, promotion and demotion. 4:02 Whenever the following procedure Employer decides it is necessary to reduce staff, employees will be used: 1. In the event an employee must be laid off, layoff will be off in each classification on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification reverse order of the individual total length of service since last hired provided those remaining are qualified to perform the work required. 4:03 An employee in a classification being reduced in number may elect to go into a lower classification at the highest rate for that classification, provided that he/she is qualified for the work required and that his/her total service with the Employer exceeds that of another employee in the lower classification who becomes the employee to be laid off. 24:04 If an employee accepts a promotion to a higher classification, he/she shall be permitted to return to his original position if he so decides within a one (1) month period. An employee in a position being reduced or eliminated The Employer shall have the right to return the employee to his former position if he is not qualified for the higher position. 4:05 Employees laid off due to a reduction in force shall have preferential rights for rehiring for eight months. A list shall be transferred maintained by the Employer and when hiring for situations covered by this Agreement, the Employer shall give preference in hiring to such persons in inverse order to that in which they were laid off. 4:06 Notice of recall shall be sent to the full- time position held individual by registered mail in the last known address, a copy of which shall be forwarded to the Union. Recalled employees shall have two weeks from the date of posting to report for duty. Severance 4:07 An employee who has completed three years of service and who is terminated as a result of staff reductions shall receive a severance pay in the amount of one and a half (1.5) week’s pay for each year of service or major fraction thereof, to a maximum of 26 weeks. In addition, up to eight weeks of notice of such termination as required by the employee with the least seniority for which the more senior employee is certified and qualifiedEmployment Standard Act may be paid as severance. No part-time positions Job Posting 4:08 The Employer shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement post notice of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend bargaining unit opening for a period of three (3) years from the effective date of his/her layoffworking days. Present employees will be given first consideration. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff Recall. A. As it relates to individual employees An administrator who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2off shall receive at written notice of such action. The notice shall include reason(s) for layoff. A copy of the layoff notice shall be sent to the Association. Notification of layoff shall be provided as follows: 6 - 10 years 90 days 11 - 15 years 120 days 16 + years 150 days An employee in a position being reduced or eliminated shall have the right administrator who is to be transferred reduced in hours of employment shall receive at least thirty (30) calendar days written notice of such action. A copy of the notice shall be sent to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualifiedAssociation. No part-time positions Administrators who are reduced in hours of employment shall be created placed on the recall list and shall be entitled to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee listed in Sections E and G of that Board action within two (2) working days of the actionthis Article. B. As it relates to individual employees Administrators who are not regulated by the Teacher Tenure Act, a laid off employee have accumulated unused vacation leave balances shall be recalled to reimbursed for such balances on a prorated basis at his/her per diem rate as of the last day of service. This payment will occur the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after pay period following the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be basedlayoff. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of Administrators recalled within three (3) years from after layoff shall not be considered to have suffered a break in service for purposes of seniority and sabbatical eligibility. D. For two (2) years following the effective date of layoff, an administrator who has been laid off, who indicates a desire to be placed on a recall list, shall be offered reemployment in the same position, similar or previously held position at the same college should an opportunity for such reemployment arise. If the position is on the same salary level, the administrator shall receive the same salary which was received at the time of layoff plus any increases in salary or benefits received by the unit covered by this Agreement. If the position is on a lower salary level, the administrator shall receive a salary which is reduced by 5% from his/her layofforiginal salary level or the top of the new salary level, whichever is less. D. As it relates to individual employees E. For three (3) years following the effective date of layoff, an administrator on a recall list who are not regulated by is a qualified applicant for a position in the Teacher Tenure Actunit shall be interviewed and considered for the position. He/she shall be treated as an internal candidate as defined in Article 27. F. In the event of layoffs, the System President shall establish a recall list and promptly supply the Association with the list and any subsequent changes. G. All unit members on the College's recall list shall regularly be sent position vacancy announcements in the unit. X. Xx administrator who is laid off employee may continue be eligible to receive severance pay. Severance pay will be based on his/her health, dental and life insurance benefits by paying monthly per diem rate as of the normal per-subscriber group premium last day of service. This payment will occur the first pay period following the effective date of layoff. Eligibility for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall severance pay shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.as follows: 0-3 years 5 days 4-10 years 20 days 11-15 years 30 days 16 + years 40 days

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1. 11.01 In the event an employee must of layoff or recall to work following a layoff, probationary employee(s) shall be Iaid off first and recalled last. Employees shall then be laid off, layoff will be on the basis off in reverse order of seniority and recalled in inverse order of seniority, certificationsuch that the most senior employee shall be laid off last and recalled first. Layoffs and recalls will be done by seniority, by classification, by Group. Employees on medical leave shall hold their seniority for twenty four (24) months. This is subject to required physical examination which MTO copy will be sealed and qualificationsproper mailing address of employee being kept on file by the employee with the Company. The employee will provide up to date medical (status) not to include diagnosis when requested by the Company. The Union will be notified of such requests immediately. 11.02 Employees laid off on account of reduction in force will be allowed to work elsewhere and retain their seniority. 11.03 Employees will be called back to service in their seniority order according to the following procedures: The Company will advise each laid off employee to be recalled by registered mail, return receipt requested. A laid off employee receiving notice to recall will immediately notify the Company of his intentions to return to work, or not, by registered mail, return receipt requested. Failure to notify the Company within five (5) days of receipt of notice will result in automatic removal from the seniority roster. Laid off employees are required to keep the Company informed of any address changes. 11.04 The Union agrees in the event of a layoff or recall to work of an employee that the Company will not be required as a result to reinstate an employee on a run if that employee at any time had been removed from said run for just cause. The situation shall be reviewed at the beginning of the next school year upon application of the driver. 11.05 The Company has sole discretion in determining whether or not permission be granted or revoked for any employee to keep the vehicle assigned to his place of residence. It is understood that the Association such permission shall have the right to review the layoff list prior to notification of the individual to not be laid offunreasonably withheld. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid offThe word "layoff" means a reduction in working force. 2. An employee in If it becomes necessary for a position being reduced layoff, seasonal or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions employees will be laid off first, then probationary employees will be laid off. Seniority employees will be laid off last according to seniority as covered in Article 10. Any seniority employee laid off shall be created given a notice of layoff no less than two weeks prior to retain a senior employeethe effective date of layoff. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a is laid off employee shall be recalled due to a reduction in the first vacancy for which work force, he/she may be granted pay in lieu of any vacation days he has earned. 4. When the working force is certified and qualified and in reverse order of increased after layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee , employees will be recalled according to a vacant position for which heseniority as covered in Article 10. Notice of recall to work shall be sent to the employee, at his/she is her address of record on file at the Board Office, by registered or certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicantmail. It is the laid off employee’s responsibility of the employee to have on file with keep the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date Board informed of his/her layoffcorrect address. D. As it relates 5. If an employee fails to individual employees who are not regulated report for work within ten (10) working days from date of mailing of Notice of Recall, the employee shall be considered to have resigned. Extension may be granted by the Teacher Tenure Act, a laid off employee may continue his/her health, dental Employer in proper cases. In every case of recall and life insurance benefits by paying monthly in the normal per-subscriber group premium case of an extension of time for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this Districtan employee, the Board may grant requests for voluntary leaves of absence if the require a complete physical examination at Board deems it economically sound expense, prior to approve such requests and a satisfactory replacement can be employedrecall or extension. F. As it relates 6. Laid-off seniority employees shall have first right to individual employees who are not regulated by the Teacher Tenure Act, notification of recall any seasonal or part-time employment opportunities. Wages and benefits for such employment shall be as contained in writing with a copy this Article. a) Any laid-off seniority employee performing seasonal or part-time employment and having worked more than thirty (30) consecutive days shall be reinstated on Blue-Cross/Blue-Shield for the period of continued employment. b) Any laid-off seniority employee called back for vacation or sick leave fill in shall be paid at his/her appropriate step of that classification he/she temporarily fills. c) Any laid-off seniority employee called back for part-time or temporary help shall accumulate vacation days accruing at the rate of 1/12th of vacation per month of part-time or temporary work (or fraction) thereof. This formula should be applied to the Association Presidentamount of vacation to which the employee would have been entitled on the basis of his/her seniority the following July 1 had he/she not been laid off. d) Any laid-off seniority employee called back for part-time or temporary work shall have access to the grievance procedure. e) Any laid-off seniority employee shall accumulate seniority when called back to part-time or temporary help. f) Any laid-off seniority employee performing seasonal/part-time work shall be entitled to all holiday compensation consistent with Article 20, Section 4, providing the employee worked the work day before and after the holiday. The notification holiday shall be sent by certified mail counted toward the thirty (30) consecutive days pursuant to the employee’s last known addressSection 6.a. It shall be the responsibility of each employee to notify the Board of any change in addressabove.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used:LAYOFF‌ 1. In If a layoff occurs for any reason and probationary employees are employed, they shall be the event an employee must be first laid off, layoff will . The District shall not be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right required to review the layoff list prior to notification of the individual to be recall any probationary employee who was laid off. 2. An If layoffs are required, the employees shall be laid off according to inverse order of seniority in the bargaining unit, provided the District is not required to keep any employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified not qualified. Qualified is defined as meeting the requirements in the posted job description. 3. Employees to be laid off shall be notified, in writing, of any layoff a minimum of fifteen (15) working days before consideration layoff begins. 4. Employees who are laid off may not bid on open bargaining unit positions until they have been recalled. B. RECALL‌ 1. When the workforce is increased following a layoff, employees laid off above shall be recalled in the inverse order of layoff, provided that the District is not required to recall any employee to a position for transfer which he/she is not qualified. 2. Notice of recall shall be made by U.S. mail to an open position will be given the employee’s last known address provided to any currently employedHuman Resources, qualified applicantwith a copy to the Association. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date notify Human Resources of his/her layoffcurrent address. The District may precede written recall notice with a telephone call. D. As it relates 3. If the employee fails to individual employees who are report to work on the date of return stated in the recall notice, he/she is conclusively presumed to have voluntarily quit unless he/she: a. is disabled and is unable to notify the District because of such disability; or b. is disabled from working, in which case he/she is required to provide satisfactory medical evidence of such disability to Human Resources before the end of five (5) days. It is the employee’s responsibility to keep the District apprised of the disability status and to provide advance notification of a return work date; or c. is employed elsewhere, in this case, Human Resources shall have the discretion to grant an extension of the date to return to work so that the employee may comply with notification requirements of the other employer. If the employee does not regulated by return to work on the Teacher Tenure Actoriginal report date specified (or the extended date, a if so granted) he/she shall be presumed to have voluntarily quit. 4. A laid off employee may continue his/her healthwho is recalled to a position which is lower in pay, dental and life insurance hours, and/or benefits by paying monthly shall have the normal per-subscriber group premium for such benefits right to accept or refuse the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to position without adversely impacting the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in addressrecall rights.

Appears in 2 contracts

Samples: Employment Agreement, Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by 13:01 A layoff is defined as a reduction in the Teacher Tenure Act, if conditions warrant work force or a layoff reduction in the regular hours of personnel, the following procedure will be used:work. 1. 13:02 In the event of lay-off, lay-offs shall be in the following order: i. probationary employees; ii. employees in reverse order of seniority, provided that the person(s) to be retained hold(s) the necessary skill, ability, and qualifications for the position(s) including the required standard of competence in the language or languages of the school or workplace. Recall shall take place in the reverse order of the foregoing provided that person(s) to be recalled have the skill, ability and qualifications for the position(s) to be filled. 13:03 Employees to be laid off shall be given notice of such layoff as follows: i. All employees with seniority laid off for fifteen (15) or more calendar days shall receive fifteen (15) calendar days notice. ii. All employees with seniority laid off for less than fifteen (15) calendar days shall receive five (5) calendar days notice. If the employee has not had the opportunity to work the number of days provided in this Article, he/she shall be paid for all days for which work was not made available. In returning to work following such lay-off or reduction in staff, the last employee laid off shall be the first employee recalled. 13:04 No new employee will be hired until a person who is on lay-off has been given an opportunity for recall, provided such person has the skill, ability and qualifications to do the work in question. 13:05 If an employee must with seniority who is to be laid off wishes to seek employment in another position under the Employer’s jurisdiction rather than be laid off, layoff will such employee shall forthwith send notice in writing to the Manager of Human Resources and the latter shall, without abrogating other bargaining units’ rights, use his/her best efforts to place the employee providing he/she has the skill, ability and qualifications to perform any work which is available. Article 11 shall not apply. 13:06 A grievance concerning a lay-off by reason of a reduction in the working force may be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification taken up at Step 2 of the individual grievance procedure. 13:07 Notwithstanding any other provision in this collective agreement, the President and Vice-President of the Union shall be the last to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by Reduction in Staff: In the Teacher Tenure Act, if conditions warrant event that budgetary factors or staff reorganization(s) require reductions of a layoff of personnelstaff position(s), the following procedure will shall be usedfollowed: 1. In EFF shall promptly notify the event an employee must Union in writing when it believes layoffs may be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid offnecessary. 2. An employee in a position being reduced or eliminated At the Union’s request, within ten (10) business days of such notice, EFF shall have the right to be transferred to the full- time position held by the employee meet with the least seniority Union to explore alternatives before any layoffs are implemented. Union representatives involved in these discussions agree not to disclose, either directly or indirectly, to bargaining unit employees and/or to any third parties any confidential information received from EFF regarding potential layoffs or unannounced plans for which the more senior employee is certified and qualifiedlayoffs. No part-time positions shall be created EFF agrees that it will make an effort to retain a senior employeerepresented staff whenever practicable. 3. If layoffs of represented staff become necessary, represented staff shall be laid off according to level of seniority (starting with the Board acts to lay off an least senior employee, every effort ) within each job classification and team. EFF may determine which job classifications and programs will be made to notify affected by the employee of that Board action within two layoff. 4. Employees who are affected by the projected reduction in staff shall be given no less than twenty (220) working days business days’ notice in writing of the actionprojected reduction. B. As it relates to individual employees Recall: An employee covered by this Agreement who are not regulated by the Teacher Tenure Act, a is laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in have recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend rights for a period of three twelve (312) years from the effective date months to be considered for rehire for any job for which they are qualified and able to perform. EFF shall notify all employees with recall rights of his/her layoff. D. As it relates to individual job openings and advise that they may apply. Former employees who are apply will be given an initial screening interview and, if deemed qualified by EFF for the position, will be rehired before hiring of equally qualified new employees for those openings. If an employee with recall rights applies for a position and is not regulated by rehired, EFF will notify that employee and upon request, EFF will advise the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly Union of the normal per-subscriber group premium reason for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rateits decision. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Recall. A. As 1. The word "layoff" means a reduction in the working force. 2. If it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant becomes necessary for a layoff of personnellayoff, the following procedure will be used: 1mandatory. In the event an employee must Probationary employees will be laid off, layoff off first. Seniority employees will be on laid off according to seniority. Disposition of these cases will be a proper matter for the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employeegrievance procedure. 3. If Employees who are to be laid off shall be given at least fourteen (14) calendar days written notice of said layoff. The Local Union President shall be sent a list of the Board acts to lay off an employee, every effort employees who will be made laid off on the same date the notice of layoff is sent to notify the employee of affected employees. During a layoff, it is understood that Board action within two only actively employed employees (2non-laid off drivers and aides) working days of will work, except when those actively employed are insufficient in number to perform the actionwork available. In such event those on layoff may be called to work, as an extra board substitute, based on seniority. B. As it relates to individual 4. When the working force is increased after layoff, employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled according to a vacant position for which he/she is seniority. Notice of recall shall be sent the employee to his last known address by registered or certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicantmail. It is the laid off employee’s responsibility of the employee to keep the Board informed of his correct address. 5. If an employee fails to report for work within five (5) working days from date of the receipt of said notice (Section 4 above) of recall, said employee shall be considered to have on file with voluntarily resigned. For purposes of this article, mailing shall be by certified mail and notice shall be the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions acknowledged receipt. In every case of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this Districtrecall, the Board may grant requests for voluntary leaves of absence if require a complete physical examination at the Board deems it economically sound Board's expense, prior to approve such requests and a satisfactory replacement can be employedthe employee being recalled. F. As it relates 6. With regard to individual employees who are not regulated by the Teacher Tenure Actprocedures outlined in this Article, notification of recall drivers and aides shall be in writing dealt with a copy separately according to the Association Presidentseparate seniority ranking. The notification Under no circumstances shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in addressdrivers bump aides or vice-versa.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Recall. A. As 24.01 Notice Whenever the Employer determines that it relates is necessary to individual reduce the number of employees who are not regulated in a department, or a classification due to a lack of funds, or a lack of work, all affected employees and the local Union chairperson shall be notified in writing at least fourteen (14) calendar days in advance of the effective date of such layoff. The employer shall also provide the Union supporting documentation of such lack of work or lack of funds. 24.02 Order of reduction The Employer shall determine the classifications within any department and the number of employees to be affected by the Teacher Tenure Act, if conditions warrant a layoff. The following order of layoff of personnel, will be implemented within the appropriate classifications by seniority in the following procedure order: temporary employees; emergency employees; seasonal, casual and student employees; part-time employees including contract employees; then permanent employees. 24.03 Bumping rights An employee who is displaced by layoff in the work force, may exercise his seniority rights to bump an employee with the least seniority within the same classification or if he has the least seniority, he may bump an employee with the least seniority within the next lower classification rates of pay, in a classification the employee is qualified to do. Any employee bumped under the procedures of this Article, may elect to take the layoff rather than exercise his bumping rights and must so notify the Employer of such desire in writing within five (5) calendar days of his receipt of notification of layoff pursuant to Section 24.01 or will be used:deemed to have elected to take the layoff. 124.04 Recall rights Employees laid off under this Article, shall be entitled to be recalled to a vacancy which may thereafter occur in their former classification by seniority, or to any other lower rate of pay classification the employee is qualified to perform. In the event an employee must be refuses recall to a lower classification, this does not remove that employee from the recall list from which he was previously laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions Recall rights shall be created to retain for a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee period of that Board action within two (2) working days of the actionyears. B. As it relates 24.05 Copy to individual employees who union of recall list The Union President shall be furnished and/or forwarded a copy of recall lists as they are not regulated made current by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be basedEmployer. C. As it relates to individual 24.06 Hire during active recall list The Employer shall not hire, promote, transfer, or reassign any employee into a classification under this bargaining unit as long as qualified bargaining unit employees who remain on recall lists until such recall lists are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoffexhausted or are no longer in effect under this Article or Agreement. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1. 19.1 In the event that it becomes necessary to layoff an employee must be laid offEmployee, layoff where Employee Qualifications are equal with respect to the requirements of the job, seniority will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts deciding factor when determining who to lay off or recall. 19.2 Except in the case of an employeeemergency or if the Employer loses its certification and/or license to offer educational services, every effort the Employer will provide an Employee with at least three (3) weeks’ notice of layoff, or pay in lieu of notice. The Union will be provided with a copy of any layoff notices. 19.3 A Regular Full Time Employee with seniority who is laid off may bump into another available position or assignment if: (i) the Regular Full Time Employee has the Qualifications for the position; (ii) the bumping does not result in an increase in Instructional Units for the Employee from the Employee’s Instructional Units prior to the lay off; (iii) the bumping will occur at the start of the semester; (iv) the Employee displaced by the bump must be the most junior Employee possible; and (v) the decision to bump must be made in writing to notify the employee of that Board action Employer within two five (25) working days of the actionnotice of layoff. B. As it relates to individual employees 19.4 Employees who are not regulated by the Teacher Tenure Act, a laid off employee shall for more than six (6) months will be recalled deemed to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in be terminated from employment. 19.5 Employees with recall to vacant positions. A laid-off employee rights will be recalled to a vacant position any available work for which he/she is certified they have the Qualifications. If recalled to a position with fewer hours than the one from which they were laid off, the Employee may refuse the recall and qualified before consideration such refusal will not alter the recall rights. If the Employee accepts a position with fewer hours than the one from which they were laid off, they retain recall rights to their original hours for transfer to an open position the original recall period. For greater certainty, the six (6) month recall period remains unchanged. 19.6 Employees will be given entitled to place their recall rights in abeyance during the six (6) month recall period provided the Employee provides the Employer with advance written notice of the dates when they will be unavailable for recall. The Employee will not be entitled to any currently employed, positions that the Employee would have qualified applicant. It is for during the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association Presidentabeyance period. The notification shall be sent by certified mail to six (6) month recall period remains unchanged regardless of the employeeduration of the Employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in addressabeyance period.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by 13:01 A layoff is defined as a reduction in the Teacher Tenure Act, if conditions warrant work force or a layoff reduction in the regular hours of personnel, the following procedure will be used:work. 1. 13:02 In the event of lay-off, lay-offs shall be in the following order: i. probationary employees; ii. employees in reverse order of seniority, provided that the person(s) to be retained hold(s) the necessary skill, ability, and qualifications for the position(s) including the required standard of competence in the language or languages of the school or workplace. Recall shall take place in the reverse order of the foregoing provided that person(s) to be recalled have the skill, ability and qualifications for the position(s) to be filled. 13:03 Employees to be laid off shall be given notice of such layoff as follows: i. All employees with seniority laid off for fifteen (15) or more calendar days shall receive fifteen (15) calendar days notice. ii. All employees with seniority laid off for less than fifteen (15) calendar days shall receive five (5) calendar days notice. If the employee has not had the opportunity to work the number of days provided in this Article, he/she shall be paid for all days for which work was not made available. In returning to work following such lay-off or reduction in staff, the last employee laid off shall be the first employee recalled. 13:04 No new employee will be hired until a person who is on lay-off has been given an opportunity for recall, provided such person has the skill, ability and qualifications to do the work in question. 13:05 If an employee must with seniority who is to be laid off wishes to seek employment in another position under the Employer’s jurisdiction rather than be laid off, layoff will such employee shall forthwith send notice in writing to the Manager of Human Resources and the latter shall, without abrogating other bargaining units’ rights, use his/her best efforts to place the employee has the skill, ability and qualifications to perform any work which is available. Article 11 shall not apply. 13:06 A grievance concerning a lay-off by reason of a reduction in the working force may be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification taken up at Step 2 of the individual grievance procedure. 13:07 Notwithstanding any other provision in this collective agreement, the President and Vice-President of the Union shall be the last to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates A lay-off shall be defined as the elimination of a position, or a reduction in hours of a position. Employees will be placed for September in the same position as they held at the end of the preceding school year unless the position has been eliminated or reduced or a change in placement is required to meet program or individual student needs. It is understood that program or individual student needs for the purposes of this clause shall be based on definable criteria. The Board agrees that when a decision is made to layoff or close a the Board shall notify the Union in writing. In the event that a position in a category is to be eliminated or reduced, the employee in that school within that job classification with the least bargaining unit seniority will be initially declared surplus. In the case of a position being eliminated or reduced within an itinerant job classification the employee within that specific classification with the least bargaining unit seniority will be initially declared surplus. employees are defined as those employees who are not regulated by the Teacher Tenure Actattached to a specific school or employees who work in a variety of schools, if conditions warrant a layoff for example, and SPA Speech and Language. The full-time equivalent number of personnel, the following procedure will members as were declared surplus in clause shall be used: 1. In the event an employee must be laid off, layoff will be declared redundant on the basis of date of hire for members beginning with the most recent date of hire and seniority for permanent members beginning with the least senior. Such members shall be placed on the Temporary Redundancy List. The Board shall identify all vacancies by category and specific job classification, including those created by placing the least senior members on the temporary redundancy list. The process shall be followed in order of seniority, certificationbeginning with the most senior employee affected first. Each surplus member who is not on the Temporary Redundancy List shall be placed into a vacant position in the member's job category provided the surplus member has the ability, qualifications and qualificationsexperience for the position. Such employees shall be placed in an available equivalent job vacancy if within forty (40) of their present work location. Failing that the employee shall have the following options in order: accept an available equivalent job vacancy more than forty (40) of their present work location; or accept the reduction in hours and remain in the position if the position still exists; or displace another employee or employees in accordance with the following process, provided that the employee has the ability, qualifications and experience required for the position. It is understood that the Association shall have surplus employee may bump more than one employee if necessary in order to equal the right to review the layoff list prior to notification time entitlement of the individual to be laid off. 2surplus employee; displace the least senior in the same job category within sixty (60) of their present work location; then, displace the least senior in the same job category more than sixty (60) of their present work location; or, displace the least senior in the next lowest job category within sixty (60) of their present work location; then, displace the least senior in the next lowest job category more than sixty (60) of their present work location. An employee in a position being reduced or eliminated shall have Failing the right to be transferred above, the surplus member is added to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualifiedTemporary Redundancy List. No part-time positions All remaining vacancies shall be created posted according to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee Article Job shall be recalled open to the first vacancy for which he/she is certified all permanent and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be basedprobationary members. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As All bargaining unit positions shall be filled by employees of the board. The board shall not contract out any work normally performed by members of the bargaining unit. B. If it relates becomes necessary to individual reduce the number of employees who are not regulated by the Teacher Tenure Actin a job classification due to abolishment of positions, if conditions warrant a layoff lack of personnelfunds, or lack of work, the following procedure shall govern: 1) The number of people affected will be usedkept to a minimum by not employing replacements insofar as practical of employees who resign, retire, or otherwise vacate a position. 2) Whenever it becomes necessary to lay off employees for reasons as stated above, employees in an affected job classification shall be laid off according to seniority, with the least senior employee laid off first. Seniority shall be defined as uninterrupted length of continuous service with the board, computed from the last date of hire. Authorized leaves of absence do not constitute an interruption in continuous service. An employee who is promoted to a supervisory position and then returns to the bargaining unit shall be credited with past bargaining unit seniority but shall receive no seniority credit for the period of supervisory service. 3) The Board shall determine in which job classification the layoff should occur and the number of employees to be laid off. In the affected job classification, probationary employees shall be laid off before any employee employed under a continuing contract. 4) Seniority shall be defined as follows: i. The length of continuous employment by an employee of the board, as computed from the employee’s beginning date of work. Work as a substitute employee prior to being a regular employee shall not be counted toward seniority. ii. Leaves of absence granted by the board shall not be counted toward seniority, nor shall they break any accumulated seniority. iii. In cases of identical seniority, the hiring date by the board of education will determine his/her position on the seniority list. The second tiebreaker will be the employee’s application date. If a tie continues, the position on the seniority list will be determined by a flip of a coin in the presence of the association president and superintendent or designee. iv. For employees who hold two positions currently in the system, seniority will be determined as follows: 1. In The employee’s primary position (the event an employee must be laid off, layoff will be position he/she held when bidding on the basis of seniority, certification, and qualifications. It is understood that the Association 2nd concurrent job) shall have total continuous years counted toward seniority. 2. The secondary position shall be computed from the right to review the layoff list date of entry in that position, not total system seniority. C. Twenty-one (21) calendar days prior to notification the effective date of layoff, the individual board shall prepare and post for inspection in accordance with Article 11, Section A. of this agreement, a listing containing the names, seniority dates and job classifications and indicate which employees are to be laid off. Each employee to be laid off shall be given advance written notice of the layoff. Each notice of layoff shall state the following: 1) Reason for layoff or reduction; 2) The effective date of layoff; 3) A statement advising the employee of his/her rights of reinstatement from the layoff. 2. An D. Layoff Procedures - A laid off employee in a position being reduced or eliminated shall have has the right to be transferred to the full- time position held by displace the employee with the least seniority for which in the more following order: 1) First, within the classification (the least senior employee is certified from the bottom up who works the same hours or close to the same total yearly hours and qualified. No part-time positions shall be created to retain a senior employee.same shift); 2) Then, the individual who was displaced bumps the person in the same manner as described in (1) above; 3. If ) Then the Board acts to lay off an employee, every effort will be made to notify person with the employee of that Board action within two least seniority who has been bumped as described in (1) and (2) working days of above, may bump the action. B. As it relates least senior employee within the classification series who works the same yearly hours; if not available, the least senior with more yearly hours; and if not available, the least senior with less yearly hours as the employee being laid off. The individual who is displaced bumps in the same manner. The individual who is displaced and has no one to individual employees who are not regulated by the Teacher Tenure Act, a bump is laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be basedsee Diagram A: Example Layoff Procedure). C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As All bargaining unit positions shall be filled by employees of the board. The board shall not contract out any work normally performed by members of the bargaining unit. B. If it relates becomes necessary to individual reduce the number of employees who are not regulated by the Teacher Tenure Actin a job classification due to abolishment of positions, if conditions warrant a layoff lack of personnelfunds, or lack of work, the following procedure shall govern: 1) The number of people affected will be usedkept to a minimum by not employing replacements insofar as practical of employees who resign, retire, or otherwise vacate a position. 2) Whenever it becomes necessary to lay off employees for reasons as stated above, employees in an affected job classification shall be laid off according to seniority, with the least senior employee laid off first. Seniority shall be defined as uninterrupted length of continuous service with the board, computed from the last date of hire. Authorized leaves of absence do not constitute an interruption in continuous service. An employee who is promoted to a supervisory position and then returns to the bargaining unit shall be credited with past bargaining unit seniority but shall receive no seniority credit for the period of supervisory service. 3) The Board shall determine in which job classification the layoff should occur and the number of employees to be laid off. In the affected job classification, probationary employees shall be laid off before any employee employed under a continuing contract. 4) Seniority shall be defined as follows: i. The length of continuous employment by an employee of the board, as computed from the employee’s beginning date of work. Work as a substitute employee prior to being a regular employee shall not be counted toward seniority. ii. Leaves of absence granted by the board shall not be counted toward seniority, nor shall they break any accumulated seniority. iii. In cases of identical seniority, the hiring date by the board of education will determine his/her position on the seniority list. The second tiebreaker will be the employee’s application date. If a tie continues, the position on the seniority list will be determined by a flip of a coin in the presence of the association president and superintendent or designee. iv. For employees who hold two positions currently in the system, seniority will be determined as follows: 1. In The employee’s primary position (the event an employee must be laid off, layoff will be position he/she held when bidding on the basis of seniority, certification, and qualifications. It is understood that the Association 2nd concurrent job) shall have total continuous years counted toward seniority. 2. The secondary position shall be computed from the right to review the layoff list date of entry in that position, not total system seniority. C. Twenty-one (21) calendar days prior to notification the effective date of layoff, the individual board shall prepare and post for inspection in accordance with Article 11, Section A. of this agreement, a listing containing the names, seniority dates and job classifications and indicate which employees are to be laid off. Each employee to be laid off shall be given advance written notice of the layoff. Each notice of layoff shall state the following: 1) Reason for layoff or reduction; 2) The effective date of layoff; 3) A statement advising the employee of his/her rights of reinstatement from the layoff. 2. An X. Xxxxxx Procedures - A laid off employee in a position being reduced or eliminated shall have has the right to be transferred to the full- time position held by displace the employee with the least seniority for which in the more following order: 1) First, within the classification (the least senior employee is certified from the bottom up who works the same hours or close to the same total yearly hours and qualified. No part-time positions shall be created to retain a senior employee.same shift); 2) Then, the individual who was displaced bumps the person in the same manner as described in (1) above; 3. If ) Then the Board acts to lay off an employee, every effort will be made to notify person with the employee of that Board action within two least seniority who has been bumped as described in (1) and (2) working days of above, may bump the action. B. As it relates least senior employee within the classification series who works the same yearly hours; if not available, the least senior with more yearly hours; and if not available, the least senior with less yearly hours as the employee being laid off. The individual who is displaced bumps in the same manner. The individual who is displaced and has no one to individual employees who are not regulated by the Teacher Tenure Act, a bump is laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be basedsee Diagram A: Example Layoff Procedure). C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates ‌ 23.01 In cases of reduction of the work force due to individual lack of work, employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoffseniority beginning with the part-time staff followed by the full-time staff. Changes in certification Seniority so exercised shall be on a bargaining unit wide basis. 23.02 Employees who have been laid off due to lack of work will retain their seniority and qualifications after right of recall for a period equivalent to the effective date employees’ actual service within the bargaining unit up to a maximum of an employee's layoff twelve (12) months. 23.03 Full-time employees, who have completed their probationary period and are only taken into consideration in recall laid off due to vacant positions. A laid-off employee lack of work, will be recalled first in order of seniority to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position either full-time or part-time work should it become available as long as such employee has the required skills and/or qualifications and/or experience. Such recall will be given by registered letter to any currently employedthe last address recorded with the Corporation by the employee. 23.04 Part-time employees, qualified applicant. It is the who have completed their probationary period and are laid off employee’s responsibility due to lack of work, will be recalled in order of seniority to part-time work only, as long as such employee has the required skills and/or qualifications and/or experience, after the full-time employees have on file been recalled in accordance with Article 23.03. Such recall will be by registered letter to the last address recorded with the District a current certificate (including any additions or revisions to Corporation by the certificate) as well as a current statement of any qualifications upon which recall decisions may be basedemployee. C. As it relates 23.05 Full-time employees, who have accepted recall to individual employees who are not regulated by part-time work, shall have the Teacher Tenure Act, an employee’s further right to be recalled in order of seniority to full-time work, as long as such employee has the required skills and/or qualifications and/or experience, if it becomes available within their recall shall only extend period in accordance with Article 23.03. 23.06 Seniority previously accumulated will be lost and employment will be terminated whenever an employee(s): a) resigns and does not rescind resignation within 48 hours or is discharged; b) who is absent for a period of three (3) years consecutive working days or a part-time employee who is absent for three (3) consecutive scheduled shifts without providing an explanation that is satisfactory to the Corporation; c) laid off for a period equal to their seniority at the time of the layoff but not exceeding twelve (12) consecutive months. In such event, the Corporation will provide a neutral letter of reference to the employee and will provide any required payments; d) fails to report for work at the expiration of any leave of absence granted by the Corporation without an explanation that is satisfactory to the Corporation; e) fails to confirm their return to work within seven (7) working days after notice of recall has been sent out in accordance with Article 23. Upon written request from the effective date employee, an extension of his/her layoff.up to twenty-one (21) days may be granted; D. As it relates f) is absent in excess of twenty-four (24) months due to individual employees who are not regulated by the Teacher Tenure Actaccident or illness, and becomes totally and permanently disabled; g) fails to report their absence from duties on three (3) separate occasions within a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits twelve (12) month period without an explanation that is satisfactory to the Board, subject to conditions of existing policies provided such continuation does not affect the group rateCorporation. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: Section 1. In When, in the event an employee must sole opinion of the District, it is necessary to reduce the working force of the District, temporary employees in each job shall be laid off first. Employees who have not completed their probationary period in each job family shall be laid off next before any permanent employees are laid off. If a further need to reduce the work force exists, employees shall be laid off in an inverse order of seniority by classification. Section 2. Employees shall be given a minimum of two (2) weeks advance written notice of layoff will indicating the reasons which makes the layoff necessary. Section 3. Employees shall be recalled in the order of seniority and job family on the basis of seniority, certification, and qualificationsneed as solely determined by the District to positions for which they are qualified. It Any employee who is understood that laid off in excess of twenty-four (24) months shall lose his/her right to recall under their provisions of this Article. Section 4. An employee who loses his/her position because of the Association abolishment of said position shall have the right to review apply for and shall be eligible, in accordance with the layoff list prior seniority provisions, to notification claim the job of the individual to be laid offleast senior employee within his/her classification. 2Section 5. An employee in scheduled for a position being reduced or eliminated shall have layoff has the right to apply for and shall be transferred to eligible, in accordance with the full- time position held seniority provisions, for a job occupied by the employee a person with the least seniority for which within other classifications in the more district, provided the senior employee is certified has the qualifications, skills and ability to do the job. An employee scheduled for layoff may decide to accept the layoff and waive his/her right to bump a less senior employee in another job family for whose job they are qualified. No part-time positions shall be created to retain employee may bump a senior employeefull-time employee from a position even though the full-time employee may have less seniority. Full-time employees, however, may bump part-time employees with less seniority. 3Section 6. If In the Board acts to lay off event that an employeeemployee is laid off, every effort will be made to notify the employee of that Board action within two (2) working days of the actionshall, upon request, receive payment for earned unused vacation leave. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates Layoff - When there is a reduction or displacement in the work force, temporary and probationary employees in affected classifications covered by this Agreement shall be laid-off B. Bumping - An employee who is about to individual be laid-off may bump an employee with less bargaining unit seniority in a lower-rated classification within the Communication Officer bargaining unit provided they have the ability to perform the work. Affected employees may exercise said bumping rights by giving the City written notice of their intent to do so within seven C. Pay - An employee who are not regulated by bumps into a lower-rated classification will retain the Teacher Tenure Act, if conditions warrant same step level but receive the appropriate pay for the lower classification. An employee who returns to their former classification after a layoff or a bump shall do so at the same step level, they would have been in but for the bump or layoff. D. Recall - An employee who is laid-off or displaced will be placed on a recall list for their respective bargaining unit and will remain on the list until the earliest of personnel, the following procedure will be usedoccurs: (1) the employee is recalled in order of classification seniority to their former classification within the Communication Officer bargaining unit; (2) the employee refuses a recall to their former classification; or (3) the employee is laid-off for a period of time equal to their bargaining unit seniority at the time of the layoff, not to exceed a total of eighteen (18) months. In the event of a vacancy in the Communication Officer bargaining unit, an employee must be laid off, layoff on the recall list will be eligible for the same Civil Service Commission and subsequent City consideration as any employee not on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification Notice of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail with return receipt sent to the employee’s 's last known address. It shall be address in the responsibility of each employee to notify the Board of any change in addressCity records.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: Section 1. In the event an employee must Seniority standing shall be laid off, layoff will granted to all employees covered by this Agreement. The standing is to be determined on the basis of seniorityservice to the district from the date of regular employment in the bargaining unit with the Plymouth-Canton Board of Education. Seniority for regular full or part time cafeteria staff shall be defined as total years of service, certificationincluding time on leave of absence or layoff, in the bargaining unit. All new employees shall be placed on the seniority list as of the first day of employment, upon the completion of a probationary period of sixty (60) working days of employment. Probationary employees may be discharged or disciplined by the Employer without the same causing a breach of this Agreement or constituting a grievance. If two (2) or more employees have the same seniority date, their position on the seniority list will be decided by a lottery system, upon completion of the probationary period. A representative of the Association, designated by the president will meet with the Employer to conduct the lottery. Employees involved may be present at the lottery if they so desire. Section 2. Seniority shall be terminated if the employee resigns, retires, is discharged, or refuses a recall from layoff. Section 3. Employees are expected to give two (2) weeks notice of resignation. Section 4. Employees shall be laid off and qualificationsrecalled according to their seniority in their classifications. It is understood that the Association An employee on scheduled layoff shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An displace a lesser seniority employee who is in a position being reduced or eliminated shall have lower classification provided the right senior employee is qualified to be transferred to hold the full- time position held by the employee with the least seniority for which employee. At no time will a less senior person be retained and a more senior person laid off provided the more senior person has the qualifications required for the job, with agreement between association president or designee and management. Employees who are reduced in hours by 25% or more shall have the option of displacing the lowest seniority in their classification who has comparable hours, and/or hours as close as possible. Employees who do not qualify for benefits due to the reduction of their hours shall have the option of displacing the lowest seniority in their classification who qualifies for benefits. If an employee cannot displace an employee within their classification, they will displace the lowest seniority employee in the next lower classification for which they are qualified. Compensation and benefits provided to active employees will not accumulate while an employee is certified and qualifiedon leave of absence or layoff. Section 5. No part-time positions An agreed to seniority list shall be created made available to retain a senior the PCCA President and to each employee covered by this Agreement on November 1 of each year: such list shall contain date of hire with the District, date of entry into classification and employee's location. 3Section 6. Any employee who takes another position within the Plymouth-Canton Community Schools shall not continue to earn seniority in this bargaining group while in such position. If the Board acts this person returns to lay off an employeethis bargaining unit, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after will receive only the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which seniority he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions accumulated up to the certificate) as well as a current statement time of any qualifications upon which recall decisions may be basedleaving this bargaining unit. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates 1. Classification seniority shall control step-downs from one classification to individual the next lower classification. In the event the Town decides to reduce the number of employees who are not regulated by the Teacher Tenure Act, if conditions warrant within a layoff of personnelparticular classification, the following procedure will employees in that classification with the least amount of Classification Seniority shall be used: 1laid off unless they elect to step down to the next lower classification. In the event an employee must elects to step down to the next lower classification and this results in too many employees in that classification, again the employee (s) in that classification with the least amount of Classification Seniority shall be laid offlaid-off unless they elect to step down to the next lower classification; and , layoff will be on this process shall continue down to the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid offlowest classification. 2. An Departmental seniority shall control lay-off and re-hiring in the lowest classification in the department. Specifically, when the Town decides to reduce the number of employees in the department, and after classification, the employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee lowest classification with the least seniority for which the more senior employee is certified and qualified. No part-time positions Departmental Seniority shall be created laid off. In addition, permanent employees who have been laid off shall be rehired, based on their Departmental Seniority, and availability for rehire, before new employees are hired. In the event of recall, employees shall be recalled in the reverse order of the layoff, and employees recalled to retain a senior employeefull time position shall be placed back in the position they last occupied before layoff with no break in seniority. 3. If the Board acts to lay off an employeeRecalled employees shall be mailed, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Actcertified mail, a laid off employee shall be recalled recall notice to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known addressaddress on Town records. It shall be the employee’s responsibility to update such mailing address as necessary. An employee who fails to return to work within fourteen (14) calendar days of each employee the receipt of the recall notice or who fails to notify make arrangements with the Board Chief for the employee’s return on some other date, shall lose all recall rights and seniority. 4. Recall rights shall not extend beyond twelve (12) months after date of any change in addresslay-off of the employee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As In the event staff reductions become necessary, the District will notify the Union in advance of any reduction and the parties will meet to discuss ways of avoiding layoffs. Such notification will be given at least thirty (30) calendar days before the start of the next school year when the reduction is to be in the next school year and at least (14) fourteen days when it relates is to individual employees who be in the current school year. B. When reductions remain necessary following the discussion above, the District will consider employees’ requests to take voluntary layoff or reduction in hours until the necessary reduction is met. If voluntary layoffs are not regulated accepted or do not meet the necessary reduction in the work force, additional layoffs shall be made. Layoffs shall not affect permanent bargaining unit employees until the District has reduced or laid off temporary employees first, then probationary employees holding positions in the affected classifications. C. Staff reductions shall be accomplished within job classifications. For the purpose of this Agreement, a job classification is a position such as Assistant Xxxx or Special Education Assistant 2. An employee whose position is eliminated due to such reduction or whose hours are reduced to the extent that it impacts his/her level of benefits, shall be entitled to “bump” the least senior employee in the classification or in any other classification in which that employee has worked on the same pay range or lower, or in a lower classification position in the same job family (i.e., Mechanic I, Mechanic II, Mechanic III) providing the employee’s experience and qualifications meet the requirements of the position. The District shall not assign employees to a lower salary level without a corresponding change in job assignment and responsibility. An employee who wishes to exercise his/her bumping rights must notify the District within five (5) working days upon notification of his/her layoff status. D. Layoff will be in the inverse order of seniority District wide, within the affected position classification. However, a less senior employee may be retained, and the next senior employee laid off, provided the least senior employee has unique skills or job responsibilities which are required for the position and which cannot be learned by a more senior employee in the Teacher Tenure Act, if conditions warrant classification group within a reasonable amount of time (generally ten (10) days). E. Seniority shall be defined as the total length of service in a bargaining unit position within the District since the most recent date of hire. Unpaid leaves exceeding sixty (60) days shall not be considered when computing length of service. F. Employees designated for layoff shall be given at least fourteen (14) calendar days of personnelwritten notice of layoff. A copy of such notice will simultaneously be sent to the Union. This notice does not apply to an emergency temporary work reduction of less than two (2) weeks in duration. G. If the District determines to fill a vacancy, the following procedure will be usedfollowed: 1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Classified/Management Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1. 19.1 In the event that it becomes necessary to layoff an employee must be laid offEmployee, layoff where Employee Qualifications are equal with respect to the requirements of the job, seniority will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts deciding factor when determining who to lay off or recall. 19.2 Except in the case of an employeeemergency or if the Employer loses its certification and/or license to offer educational services, every effort the Employer will provide an Employee with at least three (3) weeks’ notice of layoff, or pay in lieu of notice. The Union will be provided with a copy of any layoff notices. 19.3 A Regular Full Time Employee with seniority who is laid off may bump into another available position or assignment if: (i) the Regular Full Time Employee has the Qualifications for the position; (ii) the bumping does not result in an increase in instructional hours for the Employee from the Employee’s instructional hours prior to the lay off; (iii) the bumping will occur at the start of the semester; (iv) the Employee displaced by the bump must be the most junior Employee possible; and (v) the decision to bump must be made in writing to notify the employee of that Board action Employer within two five (25) working days of the actionnotice of layoff. B. As it relates to individual employees 19.4 Employees who are not regulated by the Teacher Tenure Act, a laid off employee shall for more than six (6) months will be recalled deemed to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in be terminated from employment. 19.5 Employees with recall to vacant positions. A laid-off employee rights will be recalled to a vacant position any available work for which he/they are qualified. If recalled to a position with fewer hours than the one from which she is certified was laid off, the Employee may refuse the recall and qualified before consideration such refusal will not alter the recall rights. If the Employee accepts a position with fewer hours than the one from which she was laid off, she retains recall rights to her original hours for transfer to an open position the original recall period. For greater certainty, the six (6) month recall period remains unchanged. 19.6 Employees will be given entitled to place their recall rights in abeyance during the six (6) month recall period provided the Employee provides the Employer with advance written notice of the dates when she will be unavailable for recall. The Employee will not be entitled to any currently employed, positions that the Employee would have qualified applicant. It is for during the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association Presidentabeyance period. The notification shall be sent by certified mail to six (6) month recall period remains unchanged regardless of the employeeduration of the Employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in addressabeyance period.

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As it relates to individual ‌ In layoffs and recalls, full-time and part-time employees who have completed their probation period have priority for an opening for which they are qualified over employees who are not regulated by being laid off. (Note: For purposes of this Article, a permanent, involuntary reduction from full- time to part-time status or from regular to relief or intermittent status shall be considered a layoff.) Within classifications employees would be considered for layoff in the Teacher Tenure Act, if conditions warrant a layoff following order: a. employees volunteering for layoffs; b. temporary employees; c. intermittent employees; d. relief employees; e. probationary employees; and f. full-time and part-time employees. Employees shall be provided with notice of personnelat least twenty-one (21) calendar days in the event of layoff. If less than twenty-one (21) calendar days’ notice is given, the following procedure Hospital will pay the employee through the 21st calendar day after notice at the employee’s step wage for normally scheduled hours, up to a maximum of one hundred twenty (120) hours’ pay. There is no credit for earned leave on such pay. Full-time and part-time employees by shift and department shall be used: 1selected for layoff on a seniority basis except a more senior employee may be laid off out of seniority if the Hospital determines the employee is not qualified to perform the work in the department during the layoff, or does not possess the special skills (i.e., qualifications and credentials) necessary for the job which are possessed by a less senior employee, provided the Hospital’s determination shall not be arbitrary or capricious. Full-time and part-time employees laid off under the foregoing paragraph may choose to bump the least senior employee in the same job classification and department if such employee is on a different shift, and provided the employee is qualified to perform the work. For purposes of this provision only, “Housekeeping” shall be considered one department. In the event of such a bump, the bumping employee must agree to take the schedule and hours of the bumped employee, and the bumped employee shall be laid off. In order to exercise a bump as described above, an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee Hospital’s Director of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure ActHuman Resources, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date writing of his/her desire to exercise a bump within seven (7) calendar days of receiving notice of layoff. D. As it relates to individual employees . The Hospital will maintain employee’s names on a recall list for twelve (12) months following their last day worked. When a position within the former classification becomes available the employee on the recall list who are not regulated by the Teacher Tenure Act, a was laid off last shall be considered for rehire first, provided the former employee may continue his/her healthis qualified for the work available. When there is a layoff of more than one employee from the same classification, dental and life insurance benefits by paying monthly employees on the normal per-subscriber group premium for such benefits recall list in the same status as the available position shall be recalled first, in the order described above, exclusive to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association Presidentdepartment from which they were laid off. The notification shall be sent employer will inform the employee in person or by certified mail letter sent to the employee’s last known addressaddress on file. An employee who does not return to work as specified in the recall notice shall be deemed to have voluntarily resigned. It shall be the responsibility of each the employee to notify keep the Board Hospital and the Union informed of any change in their current address. An employee who is recalled within twelve (12) months of layoff pursuant to the foregoing paragraph shall be restored to his or her former step and shall not lose seniority. The Hospital agrees that following notice of layoff, it will meet with the Union, upon written request, to discuss potential alternatives to layoffs. The parties agree, however, that such meetings shall not extend the twenty-one (21) day notice period described above. If the parties are unable to reach agreement on suggested alternatives, the provisions of this Article 19 shall control.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by In the Teacher Tenure Act, if conditions warrant event of a layoff of personnellayoff, the following procedure will be used: 1City and the Union shall meet to discuss the necessity for layoffs and explore any alternatives at least 60 days prior to the proposed layoff. In the event an that a layoff proves to be the only plausible solution the parties agree to negotiate the impact of the layoff. Length of continuous service dating from the employee’s most recent date of hire. An authorized leave of absence shall not destroy continuity of service, but shall not be counted in determining the employee’s length of continuous service. Step 1. Review made of the employees in the effected job classification either in the Facilities or Operations working unit. Qualifications being equal, the least senior employee must shall be laid off, . Step 2. Employee(s) targeted for layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association in Step 1 shall have the right to review “bump” employees with less seniority in their respective working units (i.e., Facilities or Operations) within the layoff list prior same or lower job classification provided their qualifications equal or exceed such employees (no upward bumping). Step 1 and 2 are subject to notification Civil Service Law, where applicable.  Employees who have passed their probationary period shall have recall rights to vacant position(s) in the bargaining unit in their same grade level or lower provided they are qualified to fully perform the duties and responsibilities of such position at the time of the individual to be laid off. 2recall (no training period other than reasonable familiarization training). An employee in a position being reduced or eliminated shall have the  The employees’ right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions of recall, unless sooner terminated as hereinafter provided, shall be created to retain a senior employee. 3. If for 18 months from the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positionstheir termination. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification  Recall notices shall be sent by certified or registered mail to the employee’s last known address as appearing on the records at City Hall (or hand delivered with receipt obtained at such address). It The employees shall have ten (10) days from the date of such mailing (or delivery) to accept the recall. In the event the employee fails to accept the recall (except as hereinafter provided), all recall rights shall terminate.  Seniority shall not accrue during the 18 month recall period. However, employees who are successfully recalled back into a bargaining unit position shall be considered as having the same seniority that she/he would have had if she/he had not been laid off.  In the event they are recalled to a position in a lower grade or to a part- time position, or a temporary position, they shall have the right to refuse recall. They must still respond within the ten day period however, otherwise their recall rights shall terminate. After the second such refusal (lower grade and/or part-time or temporary position), their recall rights shall terminate.  The decision as to whether the employee is “qualified” to perform the vacant job shall be the responsibility subject to challenge in arbitration.  A copy of each employee the notice of recall shall be sent to notify Massachusetts Laborers District Council.  As between employees on recall the Board of any change in addressstandard shall be “qualifications being equal”, seniority shall govern.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As I. When, in the sole opinion of the DISTRICT, it relates is necessary to individual reduce the working force of the DISTRICT, temporary employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1. In the event an employee must in each job shall be laid off first. Employees who have not completed their probationary period in each job family shall be laid off next before any permanent employees are laid off. If a further need to reduce the workforce exists, layoff will employees shall be on the basis laid off in an inverse order of seniority, certification, and qualificationsaccording to the job family. II. It is understood that Employees shall be given a minimum of two (2) weeks advance written notice of layoff indicating the Association reasons which make the layoff necessary. III. Employees shall be laid off in inverse order of their seniority according to their job title. IV. An employee who loses his/her position because of the abolishment of said position shall have the right to review apply for and shall be eligible, in accordance with the layoff list prior seniority provisions to notification claim the job of the individual least senior employee within his/her classification, provided the senior employee has the qualifications, skills and ability to be laid off. 2do the job. An employee in a position being reduced or eliminated shall have scheduled for layoff may decide to accept the layoff and waive his/her right to be transferred to the full- time position held by the employee with the least seniority for which the more bump a less senior employee is certified and in another job family for whose job they are qualified. No part-time positions employee may bump a full-time employee from a position even though the full-time employee may have less seniority. Full-time employees, however, may bump part-time employees with less seniority. V. Ties in seniority for all purposes shall be created to retain a senior employeebroken by the drawing of lots. 3VI. Employees shall be recalled in the order of seniority and job family on the basis of need as solely determined by the DISTRICT to positions for which they are qualified. It is understood that an employee may be in a lay off status from their job title but not be unemployed within the school DISTRICT. Any employee who is laid off in excess of twenty-four (24) months shall lose his/her right to recall under the provisions of this Article. If a position becomes available during a time when employees have been laid off within the Board acts to lay past 2 years, the most senior employee within that job description shall be recalled into the open position. If a position becomes available and no employees within that job description have been laid off an employeeduring the past 2 years, every effort will be made to notify and other employees with the employee of Physical Plant department that Board action have been laid off within two (2) working days the past 2 years, and meet the requirements of the actionjob description, the most senior employee meeting the qualifications shall have the option of being recalled into the open position. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, VII. The EMPLOYER shall recall a laid off employee when an opening occurs; however, if such employee refuses the open job then such employee shall be recalled to removed from the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be basedlist. C. As it relates to individual employees who are not regulated by XXXX. Xx the Teacher Tenure Act, event that an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a employee is laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this Districtoff, the Board may grant requests employee shall, upon request, receive payment for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employedearned unused vacation leave. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual ‌ In layoffs and recalls, full-time and part-time employees who have completed their probation period have priority for an opening for which they are qualified over employees who are not regulated by being laid off. (Note: For purposes of this Article, a permanent, involuntary reduction from full- time to part-time status or from regular to relief or intermittent status shall be considered a layoff.) Within classifications employees would be considered for layoff in the Teacher Tenure Act, if conditions warrant a layoff following order: a. employees volunteering for layoffs; b. temporary employees; c. intermittent employees; d. relief employees; e. probationary employees; and f. full-time and part-time employees. Employees shall be provided with notice of personnelat least twenty-one (21) calendar days in the event of layoff. If less than twenty-one (21) calendar days’ notice is given, the following procedure Hospital will pay the DRAFT or does not possess the special skills (i.e., qualifications and credentials) necessary for the job which are possessed by a less senior employee, provided the Hospital’s determination shall not be used: 1arbitrary or capricious. Full-time and part-time employees laid off under the foregoing paragraph may choose to bump the least senior employee in the same job classification and department if such employee is on a different shift, and provided the employee is qualified to perform the work. For purposes of this provision only, “Housekeeping” shall be considered one department. In the event of such a bump, the bumping employee must agree to take the schedule and hours of the bumped employee, and the bumped employee shall be laid off. In order to exercise a bump as described above, an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee Hospital’s Director of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure ActHuman Resources, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date writing of his/her desire to exercise a bump within seven (7) calendar days of receiving notice of layoff. D. As it relates to individual employees . The Hospital will maintain employee’s names on a recall list for twelve (12) months following their last day worked. When a position within the former classification becomes available the employee on the recall list who are not regulated by the Teacher Tenure Act, a was laid off last shall be considered for rehire first, provided the former employee may continue his/her healthis qualified for the work available. When there is a layoff of more than one employee from the same classification, dental and life insurance benefits by paying monthly employees on the normal per-subscriber group premium for such benefits recall list in the same status as the available position shall be recalled first, in the order described above, exclusive to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association Presidentdepartment from which they were laid off. The notification shall be sent employer will inform the employee in person or by certified mail letter sent to the employee’s last known addressaddress on file. An employee who does not return to work as specified in the recall notice shall be deemed to have voluntarily resigned. It shall be the responsibility of each the employee to notify keep the Board Hospital and the Union informed of any change in their current address.. An employee who is recalled within twelve (12) months of layoff pursuant to the foregoing paragraph shall be restored to his or her former step and shall not lose seniority. The Hospital agrees that following notice of layoff, it will meet with the Union, upon written request, to discuss potential alternatives to layoffs. The parties agree, however, that such meetings shall not extend the twenty-one (21) day notice period described above. If the parties are unable to reach agreement on suggested alternatives, the provisions of this Article 19 shall control. DRAFT

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates 1. In all cases of lay-off and rehiring, length of service in the bargaining unit will govern, provided that the employee to individual employees who are not regulated be retained by reason of greater seniority is qualified and capable of filling the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used:remaining jobs. 12. In the event an employee must it becomes necessary to reduce the number of bargaining unit members, employees shall be laid offoff in inverse order of seniority within the bargaining unit, layoff will be on subject to the basis following. The least senior employee within a classification so affected may displace the least senior employee within a lower classification (in order from higher to lower) provided that he/she has greater seniority and is qualified and capable of seniority, certification, and qualificationsfilling the job. It is understood that Any employee so displaced may similarly displace the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An least senior employee in a lower classification, provided that he/she has greater seniority and is qualified capable of filling the job. No probationary, regular substitute or permanent employee shall be laid off from any position being reduced while a temporary or eliminated substitute employee is still employed. The Board of Education shall have the right to be transferred give written notice to the full- time position held by employee and the employee with Union of any proposed layoff and reasons therefore, a minimum of twenty (20) calendar days prior to the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employeeeffective date of layoff. 3. If the Board acts to lay Laid off an employee, every effort will be made to notify the employee permanent employees shall have recall rights for a period of that Board action within two (2) working days years from the date of the action. B. As it relates to individual layoff. Said employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse by inverse order of layoff, with the most senior employee on layoff who is qualified and capable to fill the vacant position the first to be recalled. Changes in certification Recalled employees shall be credited with sick leave and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled seniority rights accumulated prior to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employedlayoff, qualified applicantunless the same are limited or abridged by some other provision of this Agreement. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees Any employee who are not regulated by the Teacher Tenure Act, an employee’s right to refuses recall shall only extend for a period of three lose all further recall rights. Failure to report to work within twenty (320) years from the effective date of his/her layoff. D. As it relates working days following notice to individual employees who are not regulated by the Teacher Tenure Actreport, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by registered or certified mail to the employee’s 's last known addresshome address as it appears in the records of the Personnel Office, shall relieve the Board of any further obligation under this section of the Article. It shall be is the employee's responsibility of each employee to notify the Board Personnel Office in writing of any change in address. Notwithstanding the aforesaid, upon written request of the employee, the Board may at its sole option extend the date when said employee must report back to work under this Section. Failure of the Board of Education to grant the requested extension shall not be a grievable matter by the employee or the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnelis anticipated, the following procedure Employer will be used: 1meet to inform the Union as far in advance as is practicable. In The Employer will endeavor when practicable to commence layoffs at the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification start of the individual to be laid off. 2week. if there is no employee in clas- sification who can displace, replace the junior most employee in another classification, provid- ed has previously held that classification or has completed the required training in that classification and, provided the job previously held or trained on has not changed significantly. An employee who is reduced from his classification because of a layoff other than a temporary as defined in a position being Article may exercise his seniority by replacing the most junior employee in his classification so long as he is capable of performing the normal require- ments of the job of that junior employee. If there is no classification which has previously held or completed the training on, shall replace the junior most employee in the lower classification according to Schedule provided is able to perform the normal requirements of the job. Employees shall be recalled from layoff in order of seniori- ty provided that they have the skill, ability and qualifications to perform the required work efficiently. Any employee reduced from his former classification will be provided an agreed upon form, supplied by the Employer, to make application to return to his most recently held classi- fication. He must complete this form within thirty (30) days of his reduction or eliminated shall have within thirty (30) days of recall. The application form will be valid for up to six (6) months from the date of reduction and will be honoured in line with his plant wide Seniority and will take preference over Article (Job Posting). An employee who has been reduced from his classification will only be deemed to be permanently recalled to his former classification he is recalled and works at least thirty (30) consecutive working days in his former classification. Any such time worked in the former classification will be added to the six (6) month period dur- ing which the employee has the right to be transferred returned to his former classification. it will be the responsibility of the employee to complete the form and to advise the Employer where there is a vacancy that he wishes to be considered for prior to the full- time position held opening being tilled. Articles and not apply in cases of of three (3)working days or less, where major lines or areas are affected and re-assignments are not practical. This provision will not be exercised by the employee with the least seniority for which the Employer more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within than two (2) working days times per contract year. Articles and however shall apply in cases of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period layoffs of three (3) years from working days or less in the effective date of his/her operator classification, When recalling an employee after layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall he shall be noti- fied by registered mail and allowed five (5) working days after receipt of notice to report for work and, in writing with a copy to the Association President. The notification mean- time, if an employee is recalled and is not immediately available for work, other employees in seniority standing may be recalled but shall be until the senior employee reports within the five working day peri- od as outlined. An employee to whom a registered letter is sent by certified mail in accordance with this Article must contact the Personnel Department within forty-eight (48) hours of the notice of return to work if he wishes the employee’s last known addressEmployer to hold the job open for him for the full five (5) day working period. It shall be the employee's responsibility of each employee to notify keep the Board of Employer notified as to any change in addresshis address or phone number so that they will be upto-date at all times. The Employer will contact by telephone those employees to whom registered letters have been sent before contacting other less senior employees by telephone to return to work temporarily. If an employee to whom a registered letter has been sent reports to work and displaces an employee tem- porarily recalled from layoff, the Employer be under no obligation to provide notice of layoff or pay in lieu thereof to the employee so displaced. Students, part-time and probationary employees in the aforementioned order, will be laid off first. When a new job classification is created or employees are permanently required in an existing job classification, the Employer will post a notice of the vacancy for a period of five (5) working days on the bulletin board. The notice will specify the nature of the job, the shift, qualifications required for the job and the rate of pay. An employee who wishes to be considered for the position so posted shall signify his desire by making formal application to his imme- diate foreperson on a form supplied by the Employer. The employee will receive a copy of his application at the time submitted, initialed by the foreperson. In filling any posted vacancy under this Article, the Employer will consider the requirement and efficiency of operations, and the Employer will select the senior appli- cant provided he has the skill, ability and qualifications to perform the normal work efficiently. All job shall be reviewed by a two-person commit- tee, one representing the Employer and one representing the Union, before a selection is made. Where no is reached with both parties acting reasonably, the senior candidate be placed on the job for a three day period to demonstrate ability to perform the job with adequate training provided. In the case of an unsuc- cessful attempt, a written assessment will be done by the Supervisor in the area which be shared with the Union and the employee. if the senior person is not successful, the Employer will have the right to fill the vacancy by assign- ing the job to an employee with a proven record on the job. if any of the original applicants has a proven record on the job, the senior of these will receive the assignment. The vacancy resulting from the placing of the successful applicant in a position so posted will also be posted but any further vacancy may be filled by the Employer without posting. Should any successful applicant be unsatisfactory, the applicant be returned to his former job. The posi- tion for which he was unsuccessful may be filied without further posting based on the original posting. have been uch will Once the primary and secondary the original two (2) lists of applicants for s not be used for any subsequent If a job is not filled as a result of the posting, or if no suit- able applicants arc received, the Employer reserves the rights to the position. Any employee who has successfully bid under this Article shall not be entitled to bid on a posted job for six (6) months from the date of his successful bid, unless mutu- agreed otherwise, provided he remains in the cation. Temporary vacancies not be deemed to be vacant for the purpose of this Article. Temporary vacancies shall be defined as vacancies of than thirty (30) working days duration. in the event the Employer knows the vacancy will exceed the thirty (30) working days due to accident or of absence, the Employer will post the vacancy with a Temporary Job Posting, under the same provisions as outlined in Article The thirty (30)work day peri- od may be extended by written agreement. In temporary vacancies of three (3) days or which will result in an upgrade to a higher classification, the Employer will offer the transfer to the senior qualified employee on the shift. The Employer establish a of five (5) senior employees who are interested and qualified to temporary requirements as a tow motor operator or crane operator. Temporary assignment to these positions be made based on availability and convenience. In cases of temporary vacancies of more than three (3) days the Employer will offer the transfer to the senior employee plant wide. In the event that no one accepts the transfer, the junior qualified employee will be transferred. In the temporary vacancies the transferred employee shall be paid his normal rate of pay or the rate of the job, whichever is greater, for a period of five (5) working days after which the normal rate of the job applies. The Employer will provide a brief outline of the job with job posting notices and changes in the job outline will be made after discussion with the Union. Employees absent due to sickness, compensation and of absence be eligible to bid on job provided they do so within the time limits and procedures contained in the Agreement. Absence will not dis- qualify an employee who has applied provided is able to return to work within ten (10) days of the original date of the posting. The Employer will endeavor to fill posted vacancies within a reasonable time period the posting is withdrawn, in which case the Union shall be advised. The Employer will post the name of the successful applicant.

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act14.1 The Employer, if conditions warrant a layoff of personnelin its sole discretion, the following procedure will be used: 1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review determine whether layoffs are necessary. Prior to any layoff, the Employer will give the Union as much advance notice as possible. 14.2 In the event that it is necessary for the Employer to layoff list prior employees, temporary employees and new hire probationary employees within the affected job title and specialty shall be laid off first. 14.3 In the event that the Employer determines that a layoff (reduction in staff) is necessary in a particular patient care area or department, layoffs shall be made in reverse order of seniority, provided that the remaining employees are qualified to notification of perform the individual remaining available work. Employees shall be deemed qualified if they meet the standards established in the Employer’s skills checklist and job description. The following procedure shall be applied to affected employees. a. The Employer will first seek volunteers in the affected job titles to be laid off.off with preference in order of seniority, with the understanding that the Employer has the right to accept or reject any such volunteers. If there are no volunteers, then: 2b. Affected employees, in order of seniority, shall be offered all available vacant positions on all shifts for which the employee is qualified as defined herein. An employee shall be deemed to have met the competency standards for purposes of this Article if the employee can complete the Employer’s skills checklist within thirty (30) days. Affected employees shall be given preference over all internal or external candidates, provided that the affected employee is qualified for the position as defined herein. If such an employee is offered a comparable position (same shift and status [FT/PT]) for which the employee is qualified and the employee refuses to accept the position, the employee will be deemed terminated from employment. c. If no such comparable position[s] exists or there are insufficient vacancies to absorb the affected employee[s], the affected employee[s] may “bump” the least senior employee[s] in the same job title and patient care area or department in the same status (FT/PT) on the same shift as the affected employee. For purposes of this provision, 7A-3P shall be the equivalent of 7A-7P, and 3P-11P and 11P-7A shall be the equivalent of 7P-7A. For purposes of this Article, all medical/surgical units shall be considered to be a position being reduced single patient care area or eliminated unit. d. In the event that there is not a less senior employee in the affected employees’ job title and department on the same shift and in the same status, the affected employee[s] or the employee[s] “bumped” in accordance with provisions of paragraph c, above, shall have the right to “bump” the least senior employee[s] in the department/unit on the other shifts (combined) and in the same status (FT/PT), provided the bumping employee[s] is more senior than the employee[s] to be transferred bumped and is qualified to perform the full- time position held job in question. e. If there are no less senior employees in the affected employee’s specialty area, the affected employee or the employee bumped in the foregoing provision shall have the right to bump the least senior employee in the bargaining unit without regard to status (FT or PT), provided that the bumping employee is qualified to perform the position, is more senior than the employee who is bumped, and is prepared to accept the bumped employee’s schedule. f. There shall be no further bumping rights, except that any employee affected under the provisions of this section may choose not to exercise her or his right to bump, and any employee bumped by this process may transfer to Per Diem status. g. In the event of the closure of a department/unit/facility, the foregoing process shall be utilized. h. In the event that there is more than one affected employee, the selection among available positions and in the bumping of the least senior employees shall be in order of seniority. At each level, employees must accept comparable vacancies prior to having the opportunity to bump a less senior employee, except that when there are more employees affected by the employee with layoff than there are vacancies available, the affected employees shall, in order of seniority, be allowed to select among the pool of vacancies and the least seniority senior employees at the next level equaling the total number of affected employees. 14.4 Employees laid off may request payment for which accrued, unused PTO during the more senior period of layoff. Such payment shall be made in the same manner as though the employee were on vacation. In the event that the employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If not recalled by the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days expiration of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Actemployee’s recall rights, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position shall receive payment for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be basedall accrued unused PTO. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates 20.01 The Employer agrees to individual notify the Union at least forth-five (45) days in advance of the expected date of implementation of a layoff of bargaining unit members. The Employer further agrees to meet with the Union to review the rationale for the layoff, solicit input into possible alternatives and ways in which the Employer and the Union can assist employees in finding alternate employment. For the purpose of layoffs and recall to employment, seniority shall be defined as continuous active service since the date of last hire by the Employer based on hours worked as set out on the respective Regular and Temporary seniority lists. 20.02 In the event of a layoff the following process will be utilized: a) Probationary employees occupying classifications designated where layoffs will occur will be released; b) Regular Full Time employees who are not regulated by subject to layoff within the Teacher Tenure Act, if conditions warrant a program where the layoff of personnel, the following procedure will be used: 1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association has occurred shall have the right to review either: i) accept the layoff; ii) displace the Regular Full Time or Part Time employee in the same or lower-paying classification with the least seniority within the program where the layoff list prior to notification of the individual to be laid offhas occurred. 2. An employee in a position being reduced or eliminated c) Regular Part Time employees who are subject to layoffs within the program where the layoff has occurred shall have the right to be transferred to either: i) accept the full- time position held by layoff ii) displace the Regular Part Time employee in the same or lower-paying classification with the least seniority for which within the more program where the layoff has occurred. 20.03 Displacement of the least senior employee is certified and qualifiedemployees as outlined under 20.02 may only occur provided the remaining employees have the ability to perform the work without training, other than orientation. No part-time positions Ability to perform the work shall be created defined as the employee being able to retain a senior employeedemonstrate the skills, experience, qualifications, competence, and reliability required. 3. If 20.04 The Employer will comply with the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days layoff provisions of the actionEmployment Standards Act where applicable. B. As it relates to individual 20.05 In the event of a permanent vacancy, employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.less than twelve

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As 14.1 If it relates becomes necessary to individual reduce the number of employees who are not regulated by the Teacher Tenure Actin a job classification due to abolishment of positions, if conditions warrant a layoff lack of personnelfunds or lack of work, the following procedure shall govern such layoff: A. The number of people affected by reduction in force will be used:kept to a minimum by not employing replacements insofar as practical of employees who resign, retire or otherwise vacate a position. 1B. Whenever it becomes necessary to layoff employees by reasons as stated above, affected employees shall be laid off according to seniority within the classification, with the least senior employee laid off first. Seniority shall be defined as the uninterrupted length of continuous service with the Board in a particular job classification computed from the latest date of hire or appointment to the present classification. Authorized leaves of absence do not constitute an interruption in continuous service. In the event an case of identical seniority, the order of seniority will be determined as follows: The first work day on the job as a regular employee must in the bargaining unit; then the date of employment application if available and then by chance (coin toss) with the winner being most senior. At the time of these determinations, the Union President/designee will be present with the individuals involved. Employees who are laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association or their job gets abolished from their job classification shall have the right to review displace a less senior employee in another classification in which they previously worked for the school district provided the employee desiring to exercise such bumping rights has: 1. More job classification seniority than an employee in the job classification into which the employees wishes to bump; 2. Present ability to perform the essential functions of the classification without additional training or retraining; 3. Any certificates or licenses to perform such work, and, 4. Performed work in and held job classification seniority in the job classification. C. The following classifications shall be used for the purpose of defining classification seniority in the event of layoff: Head Custodians Head Maintenance Custodians Maintenance Head Cooks Mechanic Cooks Bus Aides Bus Drivers Paraprofessional Inter Office Courier/Food Van Driver 14.2 The Board shall determine in which classification the layoff list prior to notification should occur and the number of the individual employees to be laid off. In the classifications of layoff, employees on probation and limited contracts shall be laid off before any employee in that classification employed under a continuing contract is laid off. 2. An employee in 14.3 Twenty (20) days prior to the effective date of layoff, a position being reduced or eliminated list shall have be prepared by the right Board containing the names, seniority dates and classifications and indicate which employees are to be transferred laid off and given to the full- time position held President of OAPSE Local #267. Each employee to be laid off shall be individually notified in writing of the anticipated reduction in staff for his/her classification. Each notice of layoff shall state the following: A. Reasons for the layoff or reduction. B. The effective date of layoff. C. A statement advising the employee of his/her rights of reinstatement from the layoff. 14.4 Reinstatement shall be made from this list in reverse order before any new employees are hired in that classification or any employee is reinstated from the limited contract list. 14.5 Vacancies which occur in the classification of layoff shall be offered to or declined in writing by the employee with standing highest on the least seniority for which layoff list before the more senior employee is certified and qualifiednext person on the list may be considered. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action Employees must respond in writing within two five (25) working days of receipt of the action. B. As it relates offer of reinstatement. Any employee who fails to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.respond within five

Appears in 1 contract

Samples: Master Agreement

Layoff Recall. A. As it relates to individual In layoffs and recalls, full-time and part-time employees who have completed their probation period have priority for an opening for which they are qualified over employees who are not regulated by being laid off. (Note: For purposes of this Article, a permanent, involuntary reduction from full- time to part-time status or from regular to relief or intermittent status shall be considered a layoff.) Within classifications employees would be considered for layoff in the Teacher Tenure Act, if conditions warrant a layoff following order: a. employees volunteering for layoffs; b. temporary employees; c. intermittent employees; d. relief employees; e. probationary employees; and f. full-time and part-time employees. Employees shall be provided with notice of personnelat least twenty-one (21) calendar days in the event of layoff. If less than twenty-one (21) calendar days’ notice is given, the following procedure Hospital will pay the employee through the 21st calendar day after notice at the employee’s step wage for normally scheduled hours, up to a maximum of one hundred twenty (120) hours’ pay. There is no credit for earned leave on such pay. Full-time and part-time employees by shift and department shall be used: 1selected for layoff on a seniority basis except a more senior employee may be laid off out of seniority if the Hospital determines the employee is not qualified to perform the work in the department during the layoff, or does not possess the special skills (i.e., qualifications and credentials) necessary for the job which are possessed by a less senior employee, provided the Hospital’s determination shall not be arbitrary or capricious. Full-time and part-time employees laid off under the foregoing paragraph may choose to bump the least senior employee in the same job classification and department if such employee is on a different shift, and provided the employee is qualified to perform the work. For purposes of this provision only, “Housekeeping” shall be considered one department. In the event of such a bump, the bumping employee must agree to take the schedule and hours of the bumped employee, and the bumped employee shall be laid off. In order to exercise a bump as described above, an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee Hospital’s Director of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure ActHuman Resources, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date writing of his/her desire to exercise a bump within seven (7) calendar days of receiving notice of layoff. D. As it relates to individual employees . The Hospital will maintain employee’s names on a recall list for twelve (12) months following their last day worked. When a position within the former classification becomes available the employee on the recall list who are not regulated by the Teacher Tenure Act, a was laid off last shall be considered for rehire first, provided the former employee may continue his/her healthis qualified for the work available. When there is a layoff of more than one employee from the same classification, dental and life insurance benefits by paying monthly employees on the normal per-subscriber group premium for such benefits recall list in the same status as the available position shall be recalled first, in the order described above, exclusive to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association Presidentdepartment from which they were laid off. The notification shall be sent employer will inform the employee in person or by certified mail letter sent to the employee’s last known addressaddress on file. An employee who does not return to work as specified in the recall notice shall be deemed to have voluntarily resigned. It shall be the responsibility of each the employee to notify keep the Board Hospital and the Union informed of any change in their current address. An employee who is recalled within twelve (12) months of layoff pursuant to the foregoing paragraph shall be restored to his or her former step and shall not lose seniority. The Hospital agrees that following notice of layoff, it will meet with the Union, upon written request, to discuss potential alternatives to layoffs. The parties agree, however, that such meetings shall not extend the twenty-one (21) day notice period described above. If the parties are unable to reach agreement on suggested alternatives, the provisions of this Article 19 shall control.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1. In the event an employee must be laid offstaff reductions become necessary, layoff the District will notify the Union in advance of any reduction and the parties will meet to discuss ways of avoiding layoffs. Such notification will be on given at least thirty (30) calendar days before the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification start of the individual next school year when the reduction is to be laid offin the next school year and at least (14) fourteen days when it is to be in the current school year. B. When reductions remain necessary following the discussion above, the District will consider employees’ requests to take voluntary layoff or reduction in hours until the necessary reduction is met. If voluntary layoffs are not accepted or do not meet the necessary reduction in the work force, additional layoffs shall be made. Layoffs shall not affect permanent bargaining unit employees until the District has reduced or laid off temporary employees first, then probationary employees holding positions in the affected classifications. C. Staff reductions shall be accomplished within job classifications. For the purpose of this Agreement, a job classification is a position such as Assistant Xxxx or Special Education Assistant 2. An employee whose position is eliminated due to such reduction or whose hours are reduced to the extent that it impacts his/her level of benefits, shall be entitled to “bump” the least senior employee in the classification or in any other classification in which that employee has worked on the same pay range or lower, or in a lower classification position being reduced or eliminated in the same job family (i.e., Mechanic I, Mechanic II, Mechanic III) providing the employee’s experience and qualifications meet the requirements of the position. The District shall have not assign employees to a lower salary level without a corresponding change in job assignment and responsibility. An employee who wishes to exercise his/her bumping rights must notify the right to District within five (5) working days upon notification of his/her layoff status. D. Layoff will be transferred to in the full- time inverse order of seniority District wide, within the affected position held by classification. However, a less senior employee may be retained, and the next senior employee with laid off, provided the least seniority senior employee has unique skills or job responsibilities which are required for the position and which the cannot be learned by a more senior employee is certified and qualified. No part-in the classification group within a reasonable amount of time positions (generally ten (10) days). E. Seniority shall be created to retain defined as the total length of service in a senior employeebargaining unit position within the District since the most recent date of hire. Unpaid leaves exceeding sixty (60) days shall not be considered when computing length of service. 3F. Employees designated for layoff shall be given at least fourteen (14) calendar days of written notice of layoff. If A copy of such notice will simultaneously be sent to the Board acts Union. This notice does not apply to lay off an employee, every effort will be made to notify the employee emergency temporary work reduction of that Board action within less than two (2) working days of the actionweeks in duration. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Classified/Management Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by Section 31.1 When the Teacher Tenure Act, if conditions warrant City determines that a layoff is necessary because of personneljob abolishment, lack of funds, or lack of work, they shall notify the following procedure affected employees as soon as is practicable in advance (but not less than fourteen days in advance) of the effective date of the layoff. Section 31.2 The City shall determine in which classifications layoffs will occur and layoffs of bargaining unit employees will be used: 1by classification. In Employees shall be laid off within each classification in the event an employee must inverse order of seniority, beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off, layoff . Bargaining unit members in Sergeant’s rank will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review bump out the layoff list prior to notification of the individual to be laid off. 2lower seniority Patrol Officer. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action A Sergeant must exercise his bumping rights within two five (25) working days of the action. B. As it relates to individual employees who are not regulated by notice of layoff if their departmental seniority qualifies. Any sergeant on probationary status at the Teacher Tenure Act, a laid off employee time of layoff shall be have their probationary period suspended and if recalled to the first vacancy for which he/she is certified and qualified and in reverse order position of layoff. Changes in certification and qualifications after sergeant, the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled required to a vacant position for which he/she is certified resume and qualified before consideration for transfer to an open position fulfill the remainder of the probationary period. The rank of Sergeant seniority will be given to any currently employeddetermined by appointment date, qualified applicant. It is the Sergeant’s with less rank seniority will be bumped or laid off employee’s responsibility to have on file before a Sergeant with the District a current certificate (including any additions or revisions greater rank seniority. Department seniority determines seniority for placement for non-supervisory personnel. Section 31.3 The City shall provide written notice of recall to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual affected employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s 's last known address. It shall be the responsibility of each employee to notify keep the Board Chief of any change in Police informed of his/her current residence or mailing address. Section 31.4 Following the layoff, if the employee secures other employment, he/she shall have fourteen (14) calendar days after mailing or dispatching of said notification in which to exercise his rights to recall. After the expiration of his/her time, the next employee in line on the eligibility roster shall be notified in accordance with the above paragraph and be given his/her right to recall.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act(a) It is accepted that as a result of lack of work in a certain area, if conditions warrant a there will be layoff of personneljunior employees as in Article 22 (a) and movement of employees to other jobs within the plant. When there is a reduction of shifts on a machine the senior employees on the machine will remain on the machine. (b) Such layoff and transfers can be temporary if Management feels that this lack of work is due to a temporary recession in business or permanent when it is due to discontinuing a certain business. (1) In the case of a temporary transfer or layoff, the following procedure transferred employee's former rate will be used:maintained. 1. (2) In the event an employee must be laid offcase of a permanent internal layoff, layoff the transferred employee's former rate will be on the basis maintained for a minimum of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid offsix weeks. 2(d) In the case of a temporary reduction of forces in the bargaining unit, the junior employee in a classification will be given the option of taking his/her bumping rights under the normal lay-off procedure or being transferred to other positions in the bargaining unit based on his/her skills and experience. An employee so transferred will have his/her rate maintained until such time as the Company declares the recession in a position being reduced or eliminated shall have the right business to be a long-term or permanent one. At such time, those employees who have been transferred to other positions in the full- time position held bargaining unit will be provided the opportunity to seek permanent positions through the normal lay-off procedure. (e) In case of a permanent layoff as in (b) above, the transferred employee will, at the end of six (6) weeks, assume the rate for the new job at the level of pay determined by his/her total experience on that job, and supplemented by the proficiency shown in performing that job during the six (6) week period. (f) At the time of transfer, an employee with shall be told the least seniority for which status of the more senior transfer (temporary or permanent) to assist the employee in evaluating his/her requesting the new position if this is possible within the provisions of this Agreement. (g) The last employee laid off shall be the first recalled subject to his/her ability to perform the job available. (h) When an employee is certified and qualified. No part-time positions recalled from layoff, he/she shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action report within two seven (27) working days of notification of recall by the actionCompany. Notification of recall shall be made by telephone. If the Company is unable to contact the employee by telephone, the Union will be notified and a written notification shall be sent to his/her last known address by registered mail. B. As it relates (i) If an employee fails to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled respond to the first vacancy for which phone or registered letter, he/she is certified will be presumed to have quit and qualified and will be terminated. (j) All changes of jobs covered in reverse order of layoff. Changes in certification and qualifications after the effective date of this Article are subject to an employee's layoff ability and efficiency on the job. (k) The Company will not hire temporary employees while there are only taken into consideration in recall to vacant positions. A laidregular employees on lay-off to the street with general recall rights still in effect. (l) An employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the who has been laid off employee’s responsibility to have on file with the District a current certificate (including any additions from, or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date "bumped" out of his/her layoff. D. As it relates classification and remains employed within the bargaining unit shall retain recall rights to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly former classification for the normal per-subscriber group premium for such benefits to the Board, subject to conditions lesser of existing policies provided such continuation does not affect the group rate24 months or his/her seniority. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As 14.01 When the Company deems it relates necessary to individual reduce the workforce for up to one (1) day, employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1offered lay-off on a voluntary basis by seniority in their classification/shift/department. In the event that there are insufficient volunteers in the classification/shift/department who volunteer for the layoff, employees in the classification will be sent home in reverse order of seniority. 14.02 If a layoff in excess of one full shift is anticipated, the Employer will meet to inform the Union as far in advance as is practicable. Notice of Layoff shall be in accordance with the Employment Standards Act, R.S.O. 2000, as amended. However where the layoff is in excess of one (1) full shift, the Company shall give employees, seven (7) calendar days notice of layoff, except for the reasons specified in Article 21. Probationary employees, if any, shall be laid off first. Where business conditions allow, the Company will post layoff notices on Friday. 14.03 The following is the process/procedure when reducing the workforce for greater than one (1) day: a) The number of employees to be laid off will be identified. Layoff notices will be given to an equal number of employees in reverse order of seniority. b) The positions vacated by the junior employees who have been given notice of layoff that must be filled will be identified by the Company. Shift types (8 hour vs. Continental) and shift Availability for those vacant positions to be worked will be identified in all classifications and may be filled by remaining employees in said classifications by seniority, pursuant to the Switch Shift Request Form applications on file at the time. c) Next, a list of remaining positions will be created showing the availability within the plant due to the overall reduction of the workforce. This list will be known as the “Job Pool.” Please note: Employees who have not been affected by these reductions because they had the seniority to maintain their positions in the classification cannot be displaced off of their shifts due to the “temporary placement” of workers from outside the classification. However, these employees may be moved temporarily to help with training for a reasonable amount of time. Thereafter, they will be returned to their shifts, in accordance with their seniority. d) Jobs identified in the Job Pool will be offered by seniority to the employee(s) who are displaced from their respective classifications, but still maintain enough seniority to remain at work. e) If any temporary job postings are being filled at the time of layoff, they will be reduced first. When more than one temporary posting in said classification exists, they will be reduced by senior may, junior must. f) In the case where a Continental shift is eliminated the classification will be realigned by seniority. 14.04 When recalling an employee must after layoff, the employee shall be notified personally, or, if personal contact is not made, by registered mail. The employee shall be allowed eight (8) consecutive working days from the date of the personal notice or registration date to report for work. All calls will be made in the presence of a Union Representative. The employee is responsible for providing their current address and phone numbers and emergency contacts to the Human Resources Department at all times. A copy of the registered letter will be provided for the Plant Chairperson at the time of mailing. a) Employees will be recalled in order of seniority. b) The Employer will provide the Chairperson with a list of the laid offoff or recalled employees as well as any cancellation of such notice. c) When a Continental shift is added the Company will ask per senior may, junior must. 14.06 An employee who has been displaced from the classification as a result of a layoff shall have recall rights to that classification for a period of six (6) months from the date they were displaced. An employee can displace an employee in a higher pay classification, provided they have the ability to perform the required work. The Plant Chairperson or a Committeeperson shall be present while employees are exercising their bumping rights. Employee(s) may require some minor orientation. This period may be extended by mutual agreement. If the layoff exceeds six (6) months and one or more vacancies become available within that classification, these vacancies will be posted “plant wide” in accordance with Article 13. If the posting procedure is unsuccessful, the employee placed in the job at the time of the layoff will now be on considered assigned to the basis job. (It will be considered their “posted position”.) They may post to another job immediately. 14.07 Temporary increases in manpower for opportunities greater than five (5) working days will first be given to employees who have recall rights under Article 14.06 (ie. Displaced from classification), in order of seniority, certificationprior to utilizing temporary transfers. 14.08 Employees displacing an employee in a lower paying classification as a result of a layoff will assume the pay rate of the lower paying classification effective the date of transfer. 14.09 After becoming a “posted” employee, and qualifications. It is understood that the Association senior employee in a classification shall have the right to review exercise their shift preference and displace the layoff list prior to notification of the individual to be laid off. 2. An most junior employee in a position being reduced or eliminated shall have the right to be transferred to classification on another shift rotation. For shift preference moves, the full- time position held by the employee with the least seniority for which the more senior employee must hold the same classification as the junior employee they wish to displace. Employees within the classification will not be allowed to use shift preference when an employee is certified and qualifiedtransferred temporarily. No part-time positions shall be created (Subject to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.Article 14.03)

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As it relates Section 1: No member shall have the right to individual employees who are not regulated replace another member in any position by the Teacher Tenure Act, if conditions warrant a layoff virtue of personnel, the following procedure will be used: 1departmental or city seniority alone. In the event an employee must of a permanent lack of work or layoff in any position, qualifications and seniority shall be considered for decision of transfer and replacement. Seniority shall prevail, after qualifications (essential technical and interpersonal skills), in matters concerning layoffs and rehiring. In the event of a lay-off, employees shall be laid off, layoff will be on off in the basis order of seniority, certification, and qualificationstheir departmental seniority beginning with the least senior employee in each job classification. It is understood that an employee retained must be qualified to perform the Association available work, or the least senior employee in the job classification may not be laid off. Reductions of personnel within a department shall occur initially by departmental seniority. Displaced employees will go to the next lowest classification within their department before being reassigned to other departments. Displaced employees may be reassigned based upon their qualifications and City seniority to fill or bump other full time positions within the bargaining unit. Regular full-time employees may then displace entry level and temporary/part- time employees and maintain their regular employee status during this time with benefits reflecting their actual work week. Regular employees shall maintain reassignment rights to regular positions in their former department within the bargaining unit for twelve (12) months. Employees on reassignment may continue to accrue department seniority until they successfully bid into another department or they refuse an opportunity to return to their original department. Displaced employees who have not been reassigned based upon the right to review the layoff list prior to notification lack of the individual to qualifications and City seniority will be laid off. Section 2: In the event of a recall employees shall be recalled in the reverse order of lay-off, in each job classification provided the employee(s) is qualified to perform the job available. An employee in a position being reduced or eliminated No new regular employees shall be hired until all laid off regular employees have been given the right opportunity to be transferred return to the full- time position held by the employee with the least seniority for which the more senior employee is certified and work, providing they are qualified. No part-time positions Laid off regular employees shall maintain recall rights for a period of up to one year. Qualified and available regular members shall be created to retain reinstated before new members are hired. On recall from layoff, a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to member shall notify the employee City of that Board action his/her intention to return to work within two ten (210) working calendar days of the action. B. As it relates City's notification to individual employees who are not regulated by do so, and must return to work within fifteen (15) calendar days of the Teacher Tenure ActCity's notice, a laid off employee shall be recalled to the first vacancy for which otherwise, he/she is certified and qualified and in reverse order shall be considered to have resigned their employment with the City. The obligation of the City to notify a former member shall not exceed beyond one (1) year from date of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee the member to notify the Board City in writing of any change changes in address. Written notice, by mail, shall be given by the City to the last known address which will be deemed proper notice. The postmark shall be considered the official date of notification. A courtesy copy of this notice will be forwarded to the local union representative. Section 3: In the event a laid-off regular employee is re-employed by the City in the same or other position within the recall period, then the City may, on recommendation of the Department Head to the City Manager and approval by the City Manager, credit that employee's original service (less the period of layoff) for continuous service, seniority and benefit purposes. This will be achieved by moving the employee's official hiring date forward by the amount of the period of the layoff, except that for NHRS purposes the hire date shall be that required by statute. In the event a laid-off probationary employee is re-employed in the same or other position within six months of the layoff, then the City may, on recommendation of the Department Head to the City Manager and the approval by the City Manager, credit that employee's original service (less the period of the layoff) for continuous service, seniority and benefit purposes in the same manner as for a regular employee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As A layoff is defined as a reduction in the work force arising from a shortage of work. The Employer shall notify the Union in writing within a reasonable length of time but not less than thirty (30) days in advance of an impending layoff. The Employer shall also provide the Union with all relevant information regarding the reasons for any layoffs. The Union and the Employer shall meet within two (2) weeks of the Employer providing the above said notice. Prior to implementing layoffs it relates to individual employees who are not regulated by is agreed that the Teacher Tenure Act, if conditions warrant a layoff of personnel, Employer will first seek volunteers from the following procedure will be used: 1affected classification(s). In the event an there are no volunteers the parties agree to search for other alternatives to layoffs. If no alternatives are found, both parties shall seek agreement on the appropriate measure required, such as but not limited to, a plan of part- timing, layoffs or a combination of the two. If the parties are unable to reach agreement they shall rely on Article 10.5. 10.1 When a regular full-time or part-time employee must is subject to layoff they shall be laid offoff in reverse order of seniority within the affected classification. Seniority is calculated from their originating date of hire. The employee being laid off who wishes to bump to another bargaining unit job being performed by a person of lesser seniority, layoff may request such bump. Such bump will be on the basis of seniority, certification, and qualifications. It is understood granted provided that the Association employee has the necessary qualifications, skills and ability. The transferred employee shall be granted a thirty (30) day trial period to determine whether they can demonstrate their ability to adequately adapt to the job. In the event the employee is unable to perform the job the employee shall be subject to layoff. The trial period may be extended provided it is mutually agreed by the Employer and the Union. 10.2 In the event of a layoff the following process will be utilized: (a) Temporary employees, Probationary employees occupying classifications designated where layoffs will occur will be released. Casual/Relief shall not be called in during a layoff. (b) Regular part-time employees who are subject to layoff shall have the right to review either: (i) Accept the layoff list prior to notification of layoff (ii) Request a transfer, as outlined under Article 10.1 in the individual to be laid offsame or another classification where they meet the essential qualification requirements outlined in the job description, and provided their seniority is greater than whom they are bumping. 2. An employee in a position being reduced or eliminated (c) Regular full-time employees who are subject to layoff shall have the right to be transferred to either: (i) Accept the full- time position held by layoff (ii) Request a transfer, as outlined under Article 10.1 in the same or another classification where they meet the essential qualification requirements outlined in the job description, and provided their seniority is greater than whom they are bumping. 10.3 It is the sole responsibility of the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay who has been laid off an employee, every effort will be made to notify the employee Employer of that Board action his intention to return to work within two seven (27) working calendar days of the action. B. As it relates after being notified to individual employees who are not regulated do so by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association Presidentregistered mail. The notification to the employee shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. 10.4 New employees shall not be hired until employees (including casual and relief workers) on layoff have been given an opportunity of recall. 10.5 Grievances concerning layoffs and recalls shall be sent by certified mail initiated at Step 2 of the Grievance Procedure. 10.6 An employee who has transferred into a lower classification in accordance with this Article shall retain first recall rights to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in addressprevious classification when a vacancy occurs therein.

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a A layoff of personnel, the following procedure will employees shall be used: 1. In the event an employee must be laid off, layoff will be made on the basis of seniority, certification, the plant wide seniority list provided the Company can maintain a work force who are willing and qualificationsable to satisfactorily perform the work available. It is understood that affected employees exercising their seniority under (a) will do so as follows: Bump most junior person within the Association shall have classification on the right to review the layoff list prior to notification same shift of the individual affected employee; If the employee does not have sufficient seniority to bump as per the above, the employee will exercise one of the following options of their choice: Bump most junior person within the classification regardless of shift, or; Bump most junior person in a lower classification on the shift, or; Bump most junior person regardless of classification and shift; in any case, the affected employee exercising a bump will have greater seniority than the employee being displaced. Notwithstanding the other seniority provision so long as other employees remain at work, the plant Chair- person (as defined in and the Committeepersons defined in article (a) shall, for the purpose of representation be laid off. 2retained at work providing that is willing and able to do the work available and provided the shift which the Committeeperson represents is still running. An TEMPORARY LAYOFF Temporary layoffs, not to exceed the employees next regular shift due to manufacturing and business irregularities production difficulties may be made by the Company. This provision shall not be applied to any employee in a position being reduced excess of eight (8) working days within any twelve-(12) month period. The Company will not unreasonably apply this privilege; and when employees have reported for work they are guaranteed four (4) hours work or eliminated shall have four (4) hours pay at their regular rate for that shift provided in The Company will ask for volunteers before exercising the right temporary layoff and will endeavor to be transferred to select the full- time position held by the employee with the least seniority for which the more most senior employee is certified and qualifiedof those employees who volunteer. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort Those employees who volunteer under this provision will be made to notify guaranteed four (4)hours pay as provided for in (1). Should further temporary layoffs be required, the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and Company will layoff in reverse order of seniority, by classification, on the shift or shifts affected. During temporary layoffs of one week or more weeks) the process of layoff by inverse seniority will be applied after all probationary employees and students have been laid off. The Company will determine the length of the layoff. Changes Prior to the layoff by standard procedures the company will solicit from the affected classification, volunteers to accept the layoff. These volunteers will be then laid off in certification and qualifications after the effective order of seniority. Employees laid off under inverse seniority language to have their healthcare (major medical, prescription drugs, life insurance, ADD, dental) for up to days following date of an employee's layoff layoff. In a circumstance where recalls are only taken into consideration in recall necessary prior to vacant positions. A laid-off employee the conclusion of the temporary period employees will be recalled in reverse order of seniority prior to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicantstandard recall procedures. It is the Employees who are laid off employee’s responsibility on temporary inverse procedure will return to have on file with the District work at a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated maximum weeks unless recalled by the Teacher Tenure Actcompany within that time. The Company shall notify the Union of all pending layoffs. The Company will provide the Union with a list, an employee’s right in writing, of all employees to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a be laid off employee may continue his/her health, dental and life insurance benefits by paying monthly as soon as the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group ratenames are available. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by For the Teacher Tenure Act, if conditions warrant a layoff purposes of personnelthis Agreement, the following procedure will be used: 1term "layoff" means a reduction in the number of employees due to lack of work, lack of funds or elimination of position. In the event an employee must of a layoff, the least senior employee(s) shall be laid off, layoff will be on the basis of seniority, certification, and qualificationsoff first. It is understood that the Association shall have the right to review the layoff list prior to notification In any such case a five (5) days' advance notice of the individual contemplated layoff shall be given to be laid off. 2. An the employee in writing; a position being reduced or eliminated copy of such notice shall have the right to also be transferred given to the full- time position held by Union. In the event that a layoff occurs in the rank of Captain, the employee with the least seniority for which in that rank shall have the more senior employee is certified and qualified. No part-time positions shall be created opportunity to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify bump the employee with the least seniority in the rank of Lieutenant. In the event that Board action within two (2) working days a layoff occurs in the rank of Lieutenant, the action. B. As it relates employee with least seniority in that rank shall have the opportunity to individual employees who are not regulated by bump the Teacher Tenure Actemployee with the least seniority in the rank of Sergeant. In that event, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order the event that a layoff occurs in the rank of layoff. Changes in certification and qualifications after Sergeant, the effective date of an employee's layoff are only taken into consideration in recall employee with the least seniority shall have the opportunity to vacant positionsbump the Patrolman with the least seniority. A laid-off employee will shall have recall rights for a maximum period of five (5) years. Recall shall be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file in order of seniority with the District a current certificate (including any additions or revisions to employee with the certificate) as well as a current statement highest level of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s seniority having first right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification recall. Notice of recall shall be in writing with a copy to the Association President. The notification shall be sent by via certified mail to the employee’s last known address. It A recalled employee shall notify the Chief of Police within fourteen (14) calendar days of mailing of the recall notice of his or her intention to return to the Burlington Police Department. Any person refusing or failing to exercise such recall opportunity within such fourteen (14) day period shall be deemed to have waived his or her right of recall permanently and absolutely. Employees must be available to work within twenty-one (21) calendar days of receiving notice in order to be eligible for recall. This requirement may be waived with the responsibility agreement of each the Chief of Police. Prior to returning to work, a recalled employee may be required to notify undergo a physical examination, or such other examination or investigation as the Board Chief of any change Police deems necessary and appropriate. If, based on the results of such examination or investigation, the Chief of Police rescinds the offer of recall, he/she shall provide the employee with a written statement of his reasons for the rescission. This rescission may be subject to the grievance and arbitration provisions of the contract. Laid off employees will be responsible to maintain eligibility for POST certification, provided that laid off employees are allowed to attend department training sessions, if such trainings are available at no cost to the employee or the Town. Laid off employees will be allowed to attend courses which involve a cost provided they pay their portion of the costs. Laid off employees who attend such Town- sponsored training sessions and/or courses shall, as a condition of attendance, sign a Release of All Claims on a form provided by the Town indicating that they are participating on an unpaid voluntary basis and not as employees of the Town and, except in addressinstances involving gross negligence on the part of the Town, they accept all risks associated with participation in the program.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1. In the event an employee must be laid offof a layoff, the Board shall provide the following notice of layoff to regular full-time and regular part-time employees and a copy of such notice will be on sent to the basis of seniorityUnion Xxxxxxx, certification, and qualifications. It a probationary employee weeks notice a regular employee with less than years seniority months notice a regular employee with years seniority months notice a regular employee with years or more seniority months Any employee who is understood that the Association subject to layoff shall have the right to review bump only into a position in the village where is employed in accordance with seniority provided that possesses the ability to the duties of the new position. employee cannot bump into a position with a higher salary rate. A laid off employee shall maintain seniority for one (1) year and after layoff, but shall not accumulate any seniority during that period. the said one (1) year period, the employee will be Employee benefits shall at the end of the month in which occurs and shall be reinstated upon recall.' Notice of layoff shall not apply where the Board can establish that the layoff list prior an act of God, fire or flood. A laid off employee may be recalled within one (1) year from layoff to notification fill a vacant position in order of seniority, provided such employee has the necessary ability to perform the duties of the individual to be laid position, on the basis of last off-first on. 2(4) The Board shall give seven (7) calendar days written notice of recall to the laid off employee to fill the vacant position and shall keep the Board advised at all times of current address. An A laid off employee in failing to report for work for a position being reduced or eliminated referred to in Article within seven (7) calendar days of of thewritten notice shall be considered to have the abandoned right to be transferred re- employment. Employees required to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within give two (2) working days of the action. B. As it relates weeks notice to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee another employer shall be recalled deemed to be in compliance with the first vacancy for which he/she is certified and qualified and in reverse order of layoffseven (7) day provision. Changes in certification and qualifications after If no employee on lay off possesses the effective date of an employee's layoff are only taken into consideration in recall ability to perform the job, the vacant positions. A laid-off employee position will be posted in accordance with Article (Job An employee recalled to a vacant position for which he/she with a higher salary rate shall be considered a pursuant to Article If the employee is certified found to be unsatisfactory in the qualifyingperiod, shall be returned to the recall list. An employee on lay offmay register to work on a basis as provided in the Article (CasualEmployees) and qualified before consideration for transfer in so doing shall not considered to an open position have been recalled to work under this Article Xxx.xxxxxxxx and upgrading matters will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions referred to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates Union Committee up to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from times in any year for the effective date following purposes: planning training programs for those employees affected by change; planning training programs to assist employees to for new positions being planned through future expansion or renovation; planning training for those employees by new methods of his/her layoff. D. As it relates operatioris to individual employees who are not regulated by technological change; planning training programs in the Teacher Tenure Act, a laid off employee may continue his/her health, dental of general upgrading: When practicable and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, available financing the Board may grant requests for voluntary leaves implement any of absence if the above-mentioned programs or any other programs which the Board deems it economically sound to approve such requests considers advisable and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify those circumstances when necessary the Board shall seek the assistance of any change in addressexternal training resources such as Human Resources Development Canada and the Provincial Ministry of Labour or other recognized training institutions.

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1. 11.01 In the event an employee must of layoff or recall to work following a layoff, probationary employee(s) shall be Xxxx off first and recalled last. Employees shall then be laid off, layoff will be on the basis off in reverse order of seniority and recalled in inverse order of seniority, certificationsuch that the most senior employee shall be laid off last and recalled first. Layoffs and recalls will be done by seniority, by classification, by Group. Employees on medical leave shall hold their seniority for twenty-four (24) months. This is subject to required physical examination which MTO copy will be sealed and qualificationsproper mailing address of employee being kept on file by the employee with the Company. The employee will provide up to date medical (status) not to include diagnosis when requested by the Company. The Union will be notified of such requests immediately. 11.02 Employees laid off on account of reduction in force will be allowed to work elsewhere and retain their seniority. 11.03 Employees will be called back to service in their seniority order according to the following procedures: The Company will advise each laid off employee to be recalled by registered mail, return receipt requested. A laid off employee receiving notice to recall xxxx immediately notify the Company of his intentions to return to work, or not, by registered mail, return receipt requested. Failure to notify the Company within five (5) days of receipt of notice will result in automatic removal from the seniority roster. Laid off employees are required to keep the Company informed of any address changes. 11.04 The Union agrees in the event of a layoff or recall to work of an employee that the Company will not be required as a result to reinstate an employee on a run if that employee at any time had been removed from said run for just cause. The situation shall be reviewed at the beginning of the next school year upon application of the driver. 11.05 The Company has sole discretion in determining whether or not permission be granted or revoked for any employee to keep the vehicle assigned to his place of residence. It is understood that the Association such permission shall have the right to review the layoff list prior to notification of the individual to not be laid off. 2unreasonably withheld. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee When it is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts necessary to lay off an employeeemployees temporarily as a result of labour disputes, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are school closures, adverse weather conditions or other unforeseen circumstances, bumping shall not regulated by the Teacher Tenure Act, a laid off employee apply. Employees shall be recalled to their runs held prior to the temporary layoff and shall lose their right of recall if they do not return to their first vacancy for which he/she scheduled day of work, unless otherwise so approved by management. 11.06 It is certified understood and qualified and in reverse order of layoff. Changes in certification and qualifications after agreed that the effective date duties required of an employee's layoff employee engaged in school bus runs are only taken into consideration in recall of a nature that an employee so involved is deemed to vacant positions. A laid-be laid off employee will be recalled to a vacant position for which he/she is certified during the period of the school Christmas break, the school Spring break, and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicantthe school Summer vacation. It is further understood that seniority shall continue to accumulate during the laid off employee’s responsibility period of such layoffs. (Current practice to continue for ratification). At that time the re-opening of the school shall be deemed in the normal course to constitute a recall notice which shall be deemed to have on file been given. A failure to return to work in accordance with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall clause shall be in writing with deemed a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address"quit".

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As A layoff is defined as a reduction in the work force arising from a shortage of work. The Employer shall notify the Union in writing within a reasonable length of time but not less than thirty (30) days in advance of an impending layoff. The Employer shall also provide the Union with all relevant information regarding the reasons for any layoffs. The Union and the Employer shall meet within two (2) weeks of the Employer providing the above said notice. Prior to implementing layoffs it relates to individual employees who are not regulated by is agreed that the Teacher Tenure Act, if conditions warrant a layoff of personnel, Employer will first seek volunteers from the following procedure will be used: 1affected classification(s). In the event an there are no volunteers the parties agree to search for other alternatives to layoffs. If no alternatives are found, both parties shall seek agreement on the appropriate measure required, such as but not limited to, a plan of part-timing, layoffs or a combination of the two. If the parties are unable to reach agreement they shall rely on Article 10.5. 10.1 When a regular full-time or part-time employee must is subject to layoff they shall be laid offoff in reverse order of seniority within the affected classification. Seniority is calculated from their originating date of hire. The employee being laid off who wishes to bump to another bargaining unit job being performed by a person of lesser seniority, layoff may request such bump. Such bump will be on the basis of seniority, certification, and qualifications. It is understood granted provided that the Association employee has the necessary qualifications, skills and ability. The transferred employee shall be granted a thirty (30) day trial period to determine whether they can demonstrate their ability to adequately adapt to the job. In the event the employee is unable to perform the job the employee shall be subject to layoff. The trial period may be extended provided it is mutually agreed by the Employer and the Union. 10.2 In the event of a layoff the following process will be utilized: (a) Temporary employees, Probationary employees occupying classifications designated where layoffs will occur will be released. Casual/Relief shall not be called in during a layoff. (b) Regular part-time employees who are subject to layoff shall have the right to review either: (i) Accept the layoff list prior to notification of layoff (ii) Request a transfer, as outlined under Article 10.1 in the individual to be laid offsame or another classification where they meet the essential qualification requirements outlined in the job description, and provided their seniority is greater than whom they are bumping. 2. An employee in a position being reduced or eliminated (c) Regular full-time employees who are subject to layoff shall have the right to be transferred to either: (i) Accept the full- time position held by layoff (ii) Request a transfer, as outlined under Article 10.1 in the same or another classification where they meet the essential qualification requirements outlined in the job description, and provided their seniority is greater than whom they are bumping. 10.3 It is the sole responsibility of the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay who has been laid off an employee, every effort will be made to notify the employee Employer of that Board action his intention to return to work within two seven (27) working calendar days of the action. B. As it relates after being notified to individual employees who are not regulated do so by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association Presidentregistered mail. The notification to the employee shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. 10.4 New employees shall not be hired until employees (including casual and relief workers) on layoff have been given an opportunity of recall. 10.5 Grievances concerning layoffs and recalls shall be sent by certified mail initiated at Step 2 of the Grievance Procedure. 10.6 An employee who has transferred into a lower classification in accordance with this Article shall retain first recall rights to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in addressprevious classification when a vacancy occurs therein.

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As it relates Seniority for purposes of this agreement shall accrue and be applied within the following classifications: Paraprofessional • Cooks Custodial/Groundskeeper Maintenance Secretarial/Clerk Special Education Bus Drivers • The child care workers, detention center paraprofessionals and adult education (ARE. and alternative education) paraprofessionals shall be considered paraprofessionals for purposes of this Article. Seniority shall be defined as the length of continuous employment in the District within a particular classification from the employee's first day employed in the classification. Seniority shall accrue during layoff, worker's compensation, paid leaves, and unpaid leaves. B. There shall be no seniority among probationary employees. The probationary period shall be the first ninety (90) days worked. When an employee's probationary period is over, seniority shall be calculated in accordance with Section A above. C. By May 1 of each year, the board shall post a seniority list. It shall contain, for each employee, name, classification, and first date of employment into that classification. If any individual or the Association believes the list to individual be in error, she/he shall notify the superintendent in writing no later than June 1. D. Seniority for employees who are not regulated have the same date of hire will be determined by the Teacher Tenure Act, if conditions warrant drawing of lots. Affected employees and a layoff representative of personnelthe Association will be provided the opportunity to be present at such drawing. E. In the event of a layoff, the following procedure will be usedutilized: 1. In the event an employee must be laid off, layoff Layoffs will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off.by classification 2. An employee in a position being reduced or eliminated shall have Probationary employee( s) within the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort affected classification( s) will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled first providing there are non-probationary employeets) within the classification(s) qualified to perform the first vacancy for which he/she is certified and qualified and in reverse order duties of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be basedemployee(s). C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Layoff Recall. A. As it relates 10.1 A layoff is a reduction in the number of employees within the Fire Department due to individual employees who are not regulated by the Teacher Tenure Actlack of work, if conditions warrant lack of funds, reorganization, or any other reason except employee misconduct. 10.2 The Fire Chief will determine in his sole discretion when a layoff of personnelis necessary. Upon that determination, the following procedure employees will be used: 1. In the event an employee must be laid off by "last hired, first laid off". For purposes of the Article, layoff hired means hired into a classification covered by this Agreement. 10.3 Whenever possible, employees will receive thirty (30) days’ notice of their layoffs. A copy of such notice will be on furnished to the basis Union President. 10.4 Employees will be recalled in the reverse order of seniority, certification, and qualificationstheir layoff. It is understood that the Association shall have the right The Department will attempt one time to review the layoff list prior to notification of the individual notify employees to be laid off. 2recalled by Certified, Return Receipt Requested mail to the employees' last known address. Employees on layoff must provide the Department with correct mailing address. An employee receiving the Department's notice of recall must inform the Fire Chief or his designee of intent to accept or reject the offer of recall within fourteen (14) calendar days of the mailing date of the offer. Failure to do so forfeits the employee's right to be recalled. 10.5 No employee will be hired into particular classifications until the employees in such classifications subject to recall under this Article have received notice of a position being reduced recall offer for more than fourteen (14) days without accepting or eliminated shall have rejecting the offer. 10.6 An employee laid off under this Article is subject to recall for up to one (1) year from date of layoff, unless he rejects or fails to respond to an offer of recall within fourteen (14) days, resigns, or retires. 10.7 An employee to be recalled must pass a County physical examination to determine fitness for return to duty. Failure to do so terminates the right to be transferred to recalled. 10.8 Recall will be into the full- time position held by from which the employee with the least seniority was laid off, unless such position has been eliminated, in which case recall will be into an equivalent position for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employeequalifies. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid10.9 Laid-off employee employees will be recalled have the opportunity to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file continue group health insurance coverage in accordance with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement Article 24.3 of any qualifications upon which recall decisions may be basedthis Agreement. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates ‌ The provisions of this article pertain to individual full-time employees who are not regulated in non-competitive and labor class titles. Xxxxxx and recall of those employees working in competitive titles shall be governed by the Teacher Tenure Act, if conditions warrant a layoff Broome County Rules for the Classified Civil Service. A. The Superintendent shall notify the Association President of personnel, the following procedure title in which the position is being recommended to the Board of Education to be abolished. B. The Superintendent shall notify the Association President of the person(s) impacted by an abolished position(s). Seniority in the district shall be used to determine the order of employee layoffs. Employees will be used:laid off in order of least seniority. 1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood C. The parties acknowledge that the Association shall have District has the management right to make employment decisions and maintains the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for determine which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled and will utilize the following objective criteria as a basis for the decision: -good overall attendance record -acceptable performance record -demonstrated experience in the position and its responsibilities and duties D. All unused sick, personal, and / or vacation benefit days shall be restored to the first vacancy employee upon recall. E. An employee identified for which he/she is certified and qualified and in reverse order of layofflayoff shall be placed on a preferred list for a period not to exceed 12 months. Changes in certification and qualifications after The one year period shall commence with the effective date of an employee's layoff are only taken into consideration the layoff. An employee placed upon a preferred list shall be removed at the conclusion of the one year period, Furthermore, the employee shall be removed from a preferred list in recall to vacant positions. A laid-off the event the employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with separates from the District a current certificate (including any additions through resignation, retirement, or revisions to the certificate) as well as a current statement result of any qualifications upon disciplinary action which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs results in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employeddismissal. F. As it relates to individual The period of layoff shall not be considered a break in service for purpose of Health Insurance Benefits in retirement and in years of service toward Longevity. If applicable, employees who are not regulated by the Teacher Tenure Act, notification of recall recalled shall be in writing with paid at a copy to rate determined by examining the Association President. The notification shall be sent rate of pay at the time of the layoff and adjusting the rate by certified mail to whatever terms the employee’s last known address. It shall be parties had negotiated salary adjustments during the responsibility time of each employee to notify the Board of any change in addresslayoff.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act14.1 The Employer, if conditions warrant a layoff of personnelin its sole discretion, the following procedure will be used: 1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review determine whether layoffs are necessary. Prior to any layoff, the Employer will give the Union as much advance notice as possible. 14.2 In the event that it is necessary for the Employer to layoff list prior employees, temporary employees and new hire probationary employees within the affected job title and specialty shall be laid off first. 14.3 In the event that the Employer determines that a layoff (reduction in staff) is necessary in a particular patient care area or department, layoffs shall be made in reverse order of seniority, provided that the remaining employees are qualified to notification of perform the individual remaining available work. Employees shall be deemed qualified if they meet the standards established in the Employer’s skills checklist and job description. The following procedure shall be applied to affected employees. a. The Employer will first seek volunteers in the affected job titles to be laid off.off with preference in order of seniority, with the understanding that the Employer has the right to accept or reject any such volunteers. If there are no volunteers, then: 2b. Affected employees, in order of seniority, shall be offered all available vacant positions on all shifts for which the employee is qualified as defined herein. An employee shall be deemed to have met the competency standards for purposes of this Article if the employee can complete the Employer’s skills checklist within thirty (30) days. Affected employees shall be given preference over all internal or external candidates, provided that the affected employee is qualified for the position as defined herein. If such an employee is offered a comparable position (same shift and status [FT/PT]) for which the employee is qualified and the employee refuses to accept the position, the employee will be deemed terminated from employment. c. If no such comparable position[s] exists or there are insufficient vacancies to absorb the affected employee[s], the affected employee[s] may “bump” the least senior employee[s] in the same job title and patient care area or department in the same status (FT/PT) on the same shift as the affected employee. For purposes of this provision, 7A-3P shall be the equivalent of 7A-7P, and 3P-11P and 11P-7A shall be the equivalent of 7P-7A. For purposes of this Article, all medical/surgical units shall be considered to be a position being reduced single patient care area or eliminated unit. d. In the event that there is not a less senior employee in the affected employees’ job title and department on the same shift and in the same status, the affected employee[s] or the employee[s] “bumped” in accordance with provisions of paragraph c, above, shall have the right to “bump” the least senior employee[s] in the department/unit on the other shifts (combined) and in the same status (FT/PT), provided the bumping employee[s] is more senior than the employee[s] to be transferred bumped and is qualified to perform the full- time position held job in question. e. If there are no less senior employees in the affected employee’s specialty area, the affected employee or the employee bumped in the foregoing provision shall have the right to bump the least senior employee in the bargaining unit without regard to status (FT or PT), provided that the bumping employee is qualified to perform the position, is more senior than the employee who is bumped, and is prepared to accept the bumped employee’s schedule. f. There shall be no further bumping rights, except that any employee affected under the provisions of this section may choose not to exercise her or his right to bump, and any employee bumped by this process may transfer to Per Diem status. g. In the event of the closure of a department/unit/facility, the foregoing process shall be utilized. h. In the event that there is more than one affected employee, the selection among available positions and in the bumping of the least senior employees shall be in order of seniority. At each level, employees must accept comparable vacancies prior to having the opportunity to bump a less senior employee, except that when there are more employees affected by the employee with layoff than there are vacancies available, the affected employees shall, in order of seniority, be allowed to select among the pool of vacancies and the least seniority for which senior employees at the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employeenext level equaling the total number of affected employees. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual i. Those employees who are not regulated by the Teacher Tenure Actidentified for layoff, a laid off employee have bumping rights, and/or rights to vacancies, shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laidexercise such rights within forty-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.eight

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees 15.01 A layoff constitutes the elimination of a position within the bargaining unit or a reduction in the regular hours of work of an Employee. Employees who are not regulated by the Teacher Tenure Actlaid-off will be retained on a recall list, and will maintain and accrue seniority, if conditions warrant a not on lay-off for more than twenty-four (24) months. 15.02 The Employer will advise the Union of an Employee’s layoff of personnelbefore advising the Employee. Wherever possible, the following procedure Employer will provide the Employee with advance notice of the Employee’s layoff once the Employer has determined that the Employee will be used:laid-off. 1. In 15.03 Where the event operational requirements of the Employer permit, the Employer will provide an employee must be laid offEmployee who has received notice of layoff with reasonable time off to attend job interviews provided that the Employer has advance notice of the interview. 15.04 Where work is available, layoff Employees on the recall list will be on the basis recalled in order of seniority, certificationprovided that the Employee to be recalled has the skill, ability and qualificationsKnowledge to perform the normal required work of the position. 15.05 When recalling an Employee after layoff, the Employee shall be notified by registered and electronic mail and allowed ten (10) Working Days to report for work. If an Employee is recalled and is not immediately available for work, other Employees on the recall list shall be recalled, but shall be temporarily employed until the senior Employee reports within the ten (10) Working Days. An Employee will be deemed to have received notification of recall four (4) calendar days after the notification was sent by registered and electronic mail. The Employee who is sent notification of recall must contact their supervisor, by telephone or email, within forty-eight (48) hours of receipt of the notification of recall if the Employee wants the Employer to hold the position open for the full ten (10) Working Day period, unless a reasonable explanation is provided as to why the Employee was unable to notify their supervisor within forty-eight (48) hours of receipt of notification of recall. It is understood the Employee’s responsibility to keep the Employer notified of any change to their address or telephone number and email address. 15.06 The Employer will provide Employees with a copy of the seniority list when providing Employees with notice of layoff. Within twenty-one (21) days of receipt of a layoff notice, an Employee may bump an Employee with less seniority provided that the Association shall have Employee exercising the right bumping has the skill, ability and knowledge to review perform the layoff list prior to notification normal required work of the individual to position. The displaced Employee will subsequently be laid offoff in accordance with Article 15. 215.07 Employees on layoff shall be given preference for any temporary work. Employees who accept such temporary vacancies will continue to retain their recall rights. 15.08 Employees recalled to a position other than their own may decline the recall and may instead retain their recall rights. An employee in Employee that accepts recall to a position being reduced or eliminated shall have other than their own may retain recall rights to their original position only for the right to duration of the layoff. 15.09 The Employer agrees that no full-time Employee will be transferred to laid-off by reason of the full- Employee’s full-time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within being split into two (2) working days of the actionor more part-time positions. B. As it relates to individual employees who are 15.10 The job posting procedure set out in Article 14.01 and 14.03 shall not regulated by apply until the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she recall procedure is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be basedcompleted. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental 15.11 Grievances concerning layoff and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be initiated at Step 2 of the Grievance Procedure. 15.12 In the event of a layoff of an Employee, and upon receipt of approval of the Employer’s benefit carrier, the Employee shall continue to participate in writing the Benefit plans made available to Employees, with a copy the exception of long-term disability benefits, for up to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.six

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As it relates 10.1 A layoff is a reduction in the number of employees within the Fire Department due to individual employees who are not regulated by the Teacher Tenure Actlack of work, if conditions warrant lack of funds, reorganization, or any other reason except employee misconduct. 10.2 The Fire Chief will determine in his sole discretion when a layoff of personnelis necessary. Upon that determination, the following procedure employees will be used: 1. In the event an employee must be laid off by "last hired, first laid off". For purposes of the Article, layoff hired means hired into a classification covered by this Agreement. 10.3 Whenever possible, employees will receive thirty (30) days’ notice of their layoffs. A copy of such notice will be on furnished to the basis Union President. 10.4 Employees will be recalled in the reverse order of seniority, certification, and qualificationstheir layoff. It is understood that the Association shall have the right The Department will attempt one time to review the layoff list prior to notification of the individual notify employees to be laid off. 2recalled by Certified, Return Receipt Requested mail to the employees' last known address. The Department will also notify the Union President of each employee recall. Employees on layoff must provide the Department with correct mailing address. An employee receiving the Department's notice of recall must inform the Fire Chief or his designee of intent to accept or reject the offer of recall within fourteen (14) calendar days of the mailing date of the offer. Failure to do so forfeits the employee's right to be recalled. 10.5 No employee will be hired into particular classifications until the employees in such classifications subject to recall under this Article have received notice of a position being reduced recall offer for more than fourteen (14) days without accepting or eliminated shall have rejecting the offer. 10.6 An employee laid off under this Article is subject to recall for up to one (1) year from date of layoff, unless he rejects or fails to respond to an offer of recall within fourteen (14) days, resigns, or retires. 10.7 An employee to be recalled must pass a County physical examination to determine fitness for return to duty. Failure to do so terminates the right to be transferred to recalled. 10.8 Recall will be into the full- time position held by from which the employee with the least seniority was laid off, unless such position has been eliminated, in which case recall will be into an equivalent position for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employeequalifies. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid10.9 Laid-off employee employees will be recalled have the opportunity to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file continue group health insurance coverage in accordance with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement Article 24.3 of any qualifications upon which recall decisions may be basedthis Agreement. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates The Hospital each employee in the bargaining unit who has acquired seniority and who is to individual employees who are not regulated by the Teacher Tenure Actbe laid off for a period of more than eight weeks, if conditions warrant a layoff notice in writing of personnel, his lay-off in accordance with the following procedure schedule: year but less than years' service years but less than years' service years but less than years' service years but less than years' service years but less than years' service years but less than years' service years' service or more week's weeks weeks weeks' weeks weeks weeks weeks notice notice notice notice notice notice notice notice Such notice will be used: 1handed to the employee and a signed acknowledgement requested if the employee is at work at the time the notice is ready for delivery. In the alternative, it shall be mailed by registered mail. An employee on layoff and recalled to a temporary position shall not be entitled to fur- ther notice of layoff. In the event an employee must of a proposed layoff of more than eight weeks' duration, the Hospital will: (a) Provide the Union with no less than thirty calen- dar days notice of such layoff, and meet with the Union through the Labour Management Com- mittee to review the following: the reason causing the layoff the service the Hospital will undertake after the layoff the method of implementation including the areas of and employees to be laid off. In the event of a substantial bed or in service, layoff the Hospital will provide the Union with reasonable notice. If requested, the Hospital will meet with the Union the Labour Management Committee to review the reasons and expected duration of the bed cut-back or cut-back in ser- vice, any realignment of service or staff and its effect on employees in the bargaining unit. In all other cases of lay-off, the Hospital shall give each employee in the bargaining unit who has acquired seniority one week's notice, provided however, such notice shall not be required if the lay-off occurs because of emergencies (for example fire, act of God, power failure or equipment In the event of lay-off, the Hospital shall lay of€ employees in the reverse order of their seniority within their classification; providing that there remain on the basis of seniority, certification, and qualificationsjob employees who then have the ability to perform the work. It An employee who is understood that the Association subject to lay-off shall have the right to review either: (a) Accept the layoff list prior lay-off or; Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bar- gaining unit if the employee originally subject to lay-off can perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be laid off subject to his or her rights under this section. The decision of the employee to choose or above shall be given in writing to the designated Hospital representa- tive within five working days (excluding Saturday, Sunday and Holidays) following the notification of layoff. Employees failing to do so will be deemed to have accepted the individual to be laid off. 2layoff. An employee shall have opportunity of recall from a lay- off to an available opening, in order of seniority provided he has the ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. In determining the ability of an employee to perform the work for the purposes of Paragraphs and above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a position being reduced or eliminated different classifica- tion from which he was off shall have the right to be transferred privilege of returning to the full- time position he held by prior to the employee with the least seniority for which the more senior employee is certified and qualifiedlay-off should it become vacant within six months of being recalled. No part-time positions new employees shall be created hired until all those laid off have been given an opportunity to retain a senior employee. 3. If the Board acts return to lay off an employee, every effort will be made work and have failed to notify the Hospital of their intention to do so, in accor- dance with below, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the Hospital of that Board action his intention to return to work within two five (25) working days (exclusive of Saturdays, Sundays and paid Holidays) after being notified to do so by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of and to return to work within ten working days after being noti- fied. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Where the employee fails to notify the Hospital of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the action. B. As it relates to individual employees who are Hospital. In the event that a lay-off commenced on the day immedi- ately following a paid holiday, an employee otherwise qualified for holiday pay shall not regulated by be disentitled thereto solely because of the Teacher Tenure Act, a day on which the lay-off commenced. A laid off employee shall be recalled to retain the first vacancy for which he/she is certified and qualified and in reverse order rights of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years eighteen months from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by lay-off. No full-time employee within the Teacher Tenure Act, a bargaining unit shall be laid off employee may continue his/her health, dental by reason of duties being assigned to one or more part-time employees. Any agreement reached between the Hospital and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to Union concerning the Board, subject to conditions method of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period implementing layoffs will take prece- dence over other terms of impending layoffs layoff in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employedAgreement. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates Section 1. When a reduction in the working force is necessary in order to individual maintain the standard workweek, probationary employees shall be laid off immediately. If further reductions are necessary in order to maintain the standard workweek, employees shall be laid off in accordance with their plant-wide seniority. The least senior employee in the plant shall be laid off first, etc. Section 2. Layoffs and the bumping resulting from layoffs and job elimination’s will be handled on a plant wide seniority basis except for the following classifications in which full qualifications and the ability to do the job will be considered: Electrical and Mechanical Maintenance jobs, Utility, Paint Attendant, Set-up Person, Quality Assurance, Quality Assurance Receiving Inspector, QA Calibration, Machinist, Forklift Operator, Welder Fabricator, Working Utility Reuse and Refurb, and Tool Crib Inventory Control Clerk/Janitor/Forklift Operator, as well as other new or revised jobs requiring similar degrees of previous training or education to satisfactorily perform the duties of the job. Employees being laid off from a classification or a department may bump into any classified job only if they are qualified. When non-qualified employees are being laid off from the plant, they may bump into a classification without being qualified except for the protected classifications of: electrical and mechanical maintenance job, utility, set-up person, QA inspector, QA receiving inspector, QA calibration, machinist, tool crib inventory control clerk/janitor/forklift operator, Bonderite, forklift operator, welder fabricator, working utility reuse and working utility Refurb. They can bump into these classifications only if they are fully and currently qualified. Qualified means: being immediately able to perform all aspects of the job without additional training. The employee does not have to take a lower rated job at plant II or other new plants, but may take a layoff instead. If the employee takes a layoff when lower rated vacancies are available to him, he will not later be called when such lower rated vacancy occurs unless the employee has given the Company irrevocable notice by certified mail that he wishes to be recalled for lower rated vacancies. The junior employee in the classification and shift into which a senior employee is bumping shall be displaced. The Company will attempt to regulate its business so as to provide steady employment and avoid layoffs. However, if business conditions are such that a reduction in the work force is unavoidable, employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure to be laid off will be used:given as much notice as is reasonably possible under the circumstances. 1Section 3. In the event When an employee must be leaves a particular classification and is transferred or laid off, except when requested by the employee, he retains the right to return to fill a future opening in that classification without use of the bidding procedure, subject to the following: (a) Employees qualified for any classifications listed in Section 2 above will be recalled from layoff by seniority for vacancies within those classifications. (b) He may retain these rights to only one classification, the permanent one from which originally removed due to lack of work, or subsequent displacement. (c) The right to return will be forfeited if he is offered a chance to return and refuses if the opening is for twenty (20) workdays or more. (d) The right to return will be forfeited if he bids on another job and is assigned thereto, before a return is available. (e) The return right of an employee, transferred or laid off under this Article, to return to a vacancy, transcends any other request for transfer, bumping, etc. (f) The return rights of an employee are not effective while the employee is laid off outside the plant. The laid off employee's return rights will be reinstated upon return to active work status and can be exercised for future openings. Section 4. All employees in classified jobs in a layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right of recall to review the layoff list prior to notification of the individual to be laid off. 2a non-classified job based upon their seniority rights. An employee in accepting recall to a position being reduced or eliminated shall have the non- classified job retains his return right to be transferred the job classification from which he was laid off. Employees will not have return rights to any classifications not listed in Section 2 above. Section 5 - Temporary Assignments. From time to time, the full- time position held by Company may deem it necessary to recall employees from layoff to fill temporary openings or needs. In such cases, the employee with the least seniority Company will first post such temporary opening or temporary job for which the more senior employee is certified and qualifiedbid. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position The temporary assignment will be given to the more senior non-classified employee from any currently employed, qualified applicant. It is department who bids for the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association Presidentassignment. The notification shall be sent by certified mail to employee temporarily recalled will fill in for the employee’s last known addressemployee awarded the temporary assignment. It shall be the responsibility of each Such temporary assignment may not exceed twenty (20) working days. An employee to notify the Board of any change in addresson such temporary assignment may not bid on another temporary job posting until his current assignment is completed.

Appears in 1 contract

Samples: Bargaining Agreement

Layoff Recall. A. As 1. Should it relates be necessary to individual employees who are not regulated layoff staff, layoffs shall be by job classification in accordance with district seniority. Prior to any reduction of staff within the Teacher Tenure Act, if conditions warrant a layoff of personnelAssociation bargaining unit, the following procedure Employer agrees to provide the Association with an opportunity to present to the Superintendent of Schools and the Board of Education the recommendations of the Association concerning such reductions for the consideration of the Employer prior to the final Employer decision. A. The order of layoff will be usedfollow the process listed below: 1. In Probationary employees within the event an employee must be laid off, layoff classification will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated Part-time employees within the classification will be laid off by inverse order of seniority. 3. Full-time employees within the classification will be laid off by inverse order of seniority. B. Employees laid off by this process shall have the right to be transferred to the full- time position held by the employee with displace employees in other classifications provided: 1. They must have more seniority. 2. They may only displace the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employeein an equal or lower paying classification. 3. If They may only displace an employee in a position which has an equal or lower number of hours to be worked on an annualized basis. 4. They must be qualified and have the Board acts ability to lay perform the work required. C. Employees to be laid off for an indefinite period of time will be provided at least fourteen (14) calendar days’ notice of layoff, with the exception of a financial emergency. The Association shall receive a list of the employees being laid off on the same date the notices of layoff are issued to the employees. D. During a layoff an employee’s entitlement to wages, every effort insurance and other benefits are terminated. E. An employee on layoff will be made to notify remain on the employee of that Board action within recall list for two (2) working days of the actionyears. Seniority will not accrue while on layoff. B. As it relates to individual employees who are not regulated by F. In the Teacher Tenure Actevent of a recall, a laid off employee the process of recall shall be: 1. Employees shall be recalled in the inverse order of lay off within their respective classifications to the first vacancy positions for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff they are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be basedqualified. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall 2. The Board shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification give written notice of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known addressaddress on file with the Board. 3. It The employee shall be the responsibility of each employee to notify the Board of any change their intent to return on the date specified in addressthe recall notice within seventy-two (72) hours of receiving the recall notice. 4. An employee need not accept a return notice unless they are made whole i.e., equal pay, benefits, and hours as before their layoff. Those employees not returning to a job with lower pay or hours will remain on layoff for two (2) years.

Appears in 1 contract

Samples: Master Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act(a) It is accepted that as a result of lack of work in a certain area, if conditions warrant a there will be layoff of personneljunior employees as in Article 22 (a) and movement of employees to other jobs within the plant. When there is a reduction of shifts on a machine the senior employees on the machine will remain on the machine. (b) Such layoff and transfers can be temporary if Management feels that this lack of work is due to a temporary recession in business or permanent when it is due to discontinuing a certain business. (1) In the case of a temporary transfer or layoff, the following procedure transferred employee's former rate will be used:maintained. 1. (2) In the event an employee must be laid offcase of a permanent internal layoff, layoff the transferred employee's former rate will be on the basis maintained for a minimum of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid offsix weeks. 2(d) In the case of a temporary reduction of forces in the bargaining unit, the junior employee in a classification will be given the option of taking his/her bumping rights under the normal lay-off procedure or being transferred to other positions in the bargaining unit based on his/her skills and experience. An employee so transferred will have his/her rate maintained until such time as the Company declares the recession in a position being reduced or eliminated shall have the right business to be a long-term or permanent one. At such time, those employees who have been transferred to other positions in the full- time position held bargaining unit will be provided the opportunity to seek permanent positions through the normal lay-off procedure. (e) In case of a permanent layoff as in (b) above, the transferred employee will, at the end of six (6) weeks, assume the rate for the new job at the level of pay determined by his/her total experience on that job, and supplemented by the proficiency shown in performing that job during the six (6) week period. (f) At the time of transfer, an employee with shall be told the least seniority for which status of the more senior transfer (temporary or permanent) to assist the employee in evaluating his/her requesting the new position if this is possible within the provisions of this Agreement. (g) The last employee laid off shall be the first recalled to his/her ability to perform the job available. (h) When an employee is certified and qualified. No part-time positions recalled from layoff, he/she shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action report within two seven (27) working days of notification of recall by the actionCompany. Notification of recall shall be made by telephone. If the Company is unable to contact the employee by telephone, the Union will be notified and a written notification shall be sent to his/her last known address by registered mail. B. As it relates (i) If an employee fails to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled respond to the first vacancy for which phone or registered letter, he/she is certified will be presumed to have quit and qualified and will be terminated. (j) All changes of jobs covered in reverse order of layoff. Changes in certification and qualifications after the effective date of this Article are subject to an employee's layoff ability and efficiency on the job. (k) The Company will not hire temporary employees while there are only taken into consideration in recall to vacant positions. A laidregular employees on lay-off to the street with general recall rights still in effect. (l) An employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the who has been laid off employee’s responsibility to have on file with the District a current certificate (including any additions from, or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date "bumped" out of his/her layoff. D. As it relates classification and remains employed within the bargaining unit shall retain recall rights to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly former classification for the normal per-subscriber group premium for such benefits to the Board, subject to conditions lesser of existing policies provided such continuation does not affect the group rate24 months or his/her seniority. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a If any long term layoff of personnelbargaining unit employees is anticipated, the following procedure Employer shall notify the union of the impending layoff. The Employer and the Union shall meet to discuss possible alternatives and the impact of the layoff on bargaining unit employees. The Employer may layoff employees due to lack of work, lack of funds, or job abolishment. Affected employees shall receive notice of any long term layoff (lasting six (6) days or more) five calendar days prior to the effective date of the layoff. Employees will be usednotified of the Employer’s decision to implement any temporary layoff, lasting five (5) days or less, as soon as possible. Employees shall be laid off in inverse order of seniority, beginning with: 1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off.Temporary employees; 2. An Probationary employees; 3. Full-time probationary employees. Any employee in receiving notice of a position being reduced or eliminated long term layoff shall have the five (5) days following receipt in which to exercise his right to be transferred to bump any less senior employee within the full- time position held by the employee with the least seniority for which same classification or within any classification, provided the more senior employee possesses the skill, ability, and qualifications to perform the work. Any employee who is certified bumped from his position shall have five (5) days in which to exercise his bumping rights in a similar manner. Any employee who does not have sufficient seniority and/or skill, ability and qualified. No part-time positions qualifications to bump another employee, shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off and placed on a recall list. An employee may only exercise his bumping rights once during any layoff affecting his position. The employee who exercises bumping rights to bump to a lower position shall be paid at the lower position’s rate. When employees are laid off, the Employer shall create a recall list. The Employer shall recall employees from layoff as needed. The Employer shall recall such employees according to seniority, beginning with the most senior employee and progressing to the least senior employee up to the number of employees to be recalled. An employee shall be recalled to the first vacancy eligible for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from after the effective date of his/her the layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification provisions of this article shall be sent by certified mail not apply to the subsidized or free employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address, i.e., welfare workers, general relief workers, etc.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by In the Teacher Tenure Act, if conditions warrant a layoff event of personnellayoff, the following procedure will be used: 1. In the event an employee must followed Probationary employees will be laid offoff first; then, layoff will be on Employees in the basis reverse order of their bargaining unit-wide seniority, certification, and qualifications. It is understood that the Association remaining employees as outlined above must have the ability to perform the normal requirements of the remaining jobs. The Employer shall notify employees who are to be laid off seven (7) calendar days prior to the effective date of layoff. or award pay in lieu thereof, unless a greater period of notice is required by legislation, in which case such greater period of notice or pay in lieu thereof shall be given. If not possible to give seven (7) days notice, as much advance notice will be given as is possible. The above will not apply to the junior four (4) employees. Employees shall have bumping rights in accordance with their seniority. e.g., Senior employees whose job is not functioning would have the right to review displacejunior employees in the layoff list prior Department first, then bargaining unit, provided they have the skills and qualification. Employees shall be in the order of their Bargaining Unit seniority, then in their Department where jobs become available, provided they have the ability to notification perform such jobs following a reasonable trial or training period. The Employer shall give notice of recall by registered mail to the last recorded address of the individual to be laid off. 2employee. An The employee in keep the Employer advised at all times of a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. current No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off new employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the hired until those laid off employee’s responsibility have been given the opportunity of recall. Laid off employees who wish to be notified of job vacancies other than those to which they have on file rights may signify their desire in prior to layoff and shall be entitled to apply for such jobs. ARTICLE WAGES AND CLASSIFICATIONS Job classifications are set out in Schedule "A" of this Agreement. They shall not be changed or deleted, nor shall the jobs themselves be or amended without discussion with the District Union. Where a current certificate (including any additions new job is established or revisions to where existing job duties are changed or the certificate) volume of work increased or decreased or where an employee is incorrectly classified, the appropriate classifications, job descriptions, rates of pay and other related matters shall be discussed between the Employer and the Union. Failing agreement, the may be the subject of a grievance. The Employer shall pay salaries and wages as well as a current set out in Schedule "A" attached hereto and forming part of this Agreement. Each employee shall be provided with an itemized statement of any qualifications upon which recall decisions his wages,overtime, and other supplementary pay and deductions. Wages shall be paid weekly. The Employer may be based. C. As it relates to individual employees who are not regulated make deductions from wages unless authorized by statute, court order, arbitration award, or by agreement With by the Teacher Tenure ActEmployer. Supplementary agreements, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Actif any, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall must be in writing with a copy and agreed to by both parties. and shall form part of this Agreement and shall be subject to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in addressGrievance and Arbitration Procedures.

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act14.1 The Employer, if conditions warrant a layoff of personnelin its sole discretion, the following procedure will be used: 1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review determine whether layoffs are necessary. Prior to any layoff, the Employer will give the Union as much advance notice as possible. 14.2 In the event that it is necessary for the Employer to layoff list prior employees, temporary employees and new hire probationary employees within the affected job title and specialty shall be laid off first. 14.3 In the event that the Employer determines that a layoff (reduction in staff) is necessary in a particular patient care area or department, layoffs shall be made in reverse order of seniority, provided that the remaining employees are qualified to notification of perform the individual remaining available work. Employees shall be deemed qualified if they meet the standards established in the Employer’s skills checklist and job description. The following procedure shall be applied to affected employees. a. The Employer will first seek volunteers in the affected job titles to be laid off.off with preference in order of seniority, with the understanding that the Employer has the right to accept or reject any such volunteers. If there are no volunteers, then: 2b. Affected employees, in order of seniority, shall be offered all available vacant positions on all shifts for which the employee is qualified as defined herein. An employee shall be deemed to have met the competency standards for purposes of this Article if the employee can complete the Employer’s skills checklist within thirty (30) days. Affected employees shall be given preference over all internal or external candidates, provided that the affected employee is qualified for the position as defined herein. If such an employee is offered a comparable position (same shift and status [FT/PT]) for which the employee is qualified and the employee refuses to accept the position, the employee will be deemed terminated from employment. c. If no such comparable position[s] exists or there are insufficient vacancies to absorb the affected employee[s], the affected employee[s] may “bump” the least senior employee[s] in the same job title and patient care area or department in the same status (FT/PT) on the same shift as the affected employee. For purposes of this provision, 7A-3P shall be the equivalent of 7A-7P, and 3P-11P and 11P-7A shall be the equivalent of 7P-7A. For purposes of this Article, all medical/surgical units shall be considered to be a position being reduced single patient care area or eliminated unit. d. In the event that there is not a less senior employee in the affected employees’ job title and department on the same shift and in the same status, the affected employee[s] or the employee[s] “bumped” in accordance with provisions of paragraph c, above, shall have the right to “bump” the least senior employee[s] in the department/unit on the other shifts (combined) and in the same status (FT/PT), provided the bumping employee[s] is more senior than the employee[s] to be transferred bumped and is qualified to perform the full- time position held job in question. e. If there are no less senior employees in the affected employee’s specialty area, the affected employee or the employee bumped in the foregoing provision shall have the right to bump the least senior employee in the bargaining unit without regard to status (FT or PT), provided that the bumping employee is qualified to perform the position, is more senior than the employee who is bumped, and is prepared to accept the bumped employee’s schedule. f. There shall be no further bumping rights, except that any employee affected under the provisions of this section may choose not to exercise her or his right to bump, and any employee bumped by this process may transfer to Per Diem status. g. In the event of the closure of a department/unit/facility, the foregoing process shall be utilized. h. In the event that there is more than one affected employee, the selection among available positions and in the bumping of the least senior employees shall be in order of seniority. At each level, employees must accept comparable vacancies prior to having the opportunity to bump a less senior employee, except that when there are more employees affected by the employee with layoff than there are vacancies available, the affected employees shall, in order of seniority, be allowed to select among the pool of vacancies and the least seniority for which senior employees at the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employeenext level equaling the total number of affected employees. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual i. Those employees who are not regulated identified for layoff, have bumping rights, and/or rights to vacancies, shall exercise such rights within forty-eight (48) hours upon being notified of their options by the Teacher Tenure Act, a Employer. a. PTO: Employees laid off employee may request payment for accrued, unused PTO during the period of layoff. Such payment shall be made in the same manner as though the employee were on vacation. In the event that the employee is not recalled to by the first vacancy for which expiration of the employee’s recall rights, he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position shall receive payment for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be basedall accrued unused PTO. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by 22.1 Layoff is defined as a reduction in the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1work force lasting five or more consecutive workdays. In the event of a layoff, the Company will inform employees of the expected length of layoff. 22.2 In all layoff situations, employees in their probationary period, in the job classification(s), will be laid off first, in reverse order of hire date. 22.3 In all layoff situations, employees holding temporary positions in the affected classification(s) will be returned to their permanently assigned classification, by seniority. 22.4 In all layoff situations the Company shall, upon request, grant liberal leave, (vacation, paid personal time or time off without pay) by seniority to employees working in the affected job classification(s) who are given an expected return to work date within thirty (30) calendar days. If such leave does not adequately fill the layoff period, the least senior employee must in the affected classification(s) will be laid off for the remainder of the layoff period. 22.5 Thereafter, seniority employees working in the affected job classification having the least seniority will be laid off. Employees from the affected job classification who are on temporary assignment shall be considered to be working in the affected job classification for the purpose of layoff. Employees so laid off from the classification may bump the least senior employee(s) in any equivalent or lower rated classification providing they can satisfactorily perform the duties of the job without additional training provided employees shall be given normal guidance and orientation and the opportunity to recertify, as required or the affected employee(s) may bump the least senior employee(s) in a higher classification provided the affected employee(s) previously held the classification. 22.6 At the time the employee is given notice of layoff, and during the layoff period, it is the employee’s responsibility to inform the Company of the current address and phone number, at which, he/she may be contacted for recall. Failure of the employee to keep the Company advised, in writing, of his/her current contact information shall relieve the Company of recall obligations in this Article. 22.7 None of the above provisions will require layoff of an employee who has vital or special skills that are necessary to maintain required service to the customer. 22.8 Recall will be on accomplished in the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification reverse order of the individual layoff. Refusal to be laid off.accept recall is grounds for termination of employment, in accordance with Article 8.3g. 2. 22.9 An employee who has taken layoff rather than exercise seniority to displace an employee in a position lower rated classification, shall not be permitted to exercise recall and/or seniority rights to displace another employee who remained at work, after such employee had elected layoff. 22.10 As soon as possible or at least five (5) working days prior notification will be given to affected seniority employees being reduced placed on layoff. This notification shall apply only if the company has had such prior notification and shall not apply where such lack of notification is beyond the control of the company. 22.11 For the purpose of recall, recall will be offered by seniority to qualified employees who have been laid off or eliminated shall have displaced from the right classification being recalled. If an employee is offered recall to a job classification and refuses the recall, the employee will lose all recall rights to that job classification, but will retain recall rights to any other classification he/she was previously displaced from prior to the layoff. a. At the time an employee is being laid off, he/she will indicate to the Company, what job classification(s) the employee is willing to be transferred recalled to, provided they have previously held those classification(s) or provided they can satisfactorily perform the duties of the job(s) without additional training provided employees shall be given normal guidance and orientation and the opportunity to recertify, as required. 22.12 Notification of recall shall be via telephone (with the Union invited to be present), followed up in writing, with a specified reporting date. In the event, the employee cannot be reached via telephone, notification shall be sent by registered or certified mail to employees who have been laid off, to the full- time position held last recorded mailing address furnished by the employee with employee. A copy of such notice shall also be sent to the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3Union. If the Board acts to lay employee has been laid off an employeefor more than (2) months, every effort will be made to the employee must notify the employee Company of that Board action his/her intent to return or not to return to work within two (2) working days workdays of receipt and must report to work, if he accepts the actionrecall from layoff, within ten (10) workdays after receipt. If the employee does not respond as required by this article or rejects recall to the highest classification the individual has been displaced or laid off from, he will be terminated and the next senior employee will be recalled. If no qualified employee remains, a new employee may be hired. B. As it relates 22.13 Should an employee fail a medical examination required for a particular job or other Government required qualification for their specific job, and as a result thereof, is unable to individual employees who are not regulated by perform the Teacher Tenure Actduties of his/her job classification, a laid off the employee shall will be recalled offered assignment to the first vacancy for perform other work which he/she is certified has the qualifications and qualified and in reverse order seniority to perform or be laid off due to lack of layoffwork. Changes in certification and qualifications after In the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off event the employee will be recalled to a vacant position for which elects such reassignment, he/she will assume the rate of the new job classification. 22.14 Any employee who reports for work on his/her regular shift and there is certified and qualified before consideration for transfer no work available shall receive a minimum of four (4) hours pay at his/her straight time hourly rate. a. If possible, the Company will make an attempt to notify an open position employee prior to the employee reporting to work if there is not any work available. b. The Company will maintain an electronic, up-to-date Employee Telephone List to ensure that employees will be given to any currently employedcontacted for the purpose of recall, qualified applicant. notification of extra work and/or overtime, or lack of work. c. It is the laid off employee’s responsibility to have on file with the District a current certificate (including update their official employment record by submitting any additions or revisions change in telephone number to the certificate) as well as Administration Office in writing on a current statement Notice of any qualifications upon which recall decisions may be basedChange of Employee Record (Form HRF067). Verbal notification, or notifying the supervisor or department manager, will not suffice. C. As 22.15 The following procedures will apply for all employees assigned to the Outlying Fields. a. In the event that the Company receives four (4) hours or more notice of a need for a layoff at manned outlying fields (OLF’s), the Company will offer affected employees other work when work is available. b. In the event the Company does not receive an advance notice of a need for a layoff as stated above, it relates is understood that a work opportunity may not be offered to individual employees working at the OLF’s, however the Company will make efforts to do so. The Company has the option to offer affected employees at the OLF’s other work or take time off in accordance with their seniority. Employees who are laid off may use vacation, paid personal time, or take time off without pay. 22.16 In the event the Company requires a temporary shutdown or reduction in the scope of its operations up to five (5) consecutive workdays, it will allow eligible employees to take vested vacation, Paid Personal Time or leave without pay during such periods at the option of the employee. Employees who are not regulated by eligible for vacation benefits or Paid Personal Time benefits will be considered on non-paid leave during such periods. Under this specific condition only, vacation or paid personal time may be approved in increments of one hour. Vacation or paid personal time may be used to give an employee the Teacher Tenure Act, an employee’s right pay equivalent to recall shall only extend for a period of three (3) years from the effective date of his/her layoffnormal workday. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates (a) Where the full-time complement is to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant be reduced in a layoff of personnelHome, the following procedure will junior full- time nurse within the Home shall be used:given the notice of lay-off. 1. (b) Where the part-time complement is to be reduced in a Home, the junior part- time nurse within the specific Home shall be given the notice of lay-off. (c) The displaced full-time nurse may utilize his/her seniority to displace the most junior full-time nurse in the other Home or the most junior part-time nurse in his/her Home, or the most junior part-time nurse in the other Home, provided the displaced full-time nurse has greater seniority. (d) The displaced part-time nurse may utilize his/her seniority to displace the most junior part-time nurse in the other Home, provided the displaced part- time nurse has greater seniority. (e) In the event an employee must of a proposed lay-off that is anticipated to be laid greater than thirteen (13) weeks in duration, the employer will provide the nurses affected and the Union with at least ninety (90) calendar days of notice. During the period between the notice and the effective date of the lay-off, layoff the employer will meet with the Union. Any written agreement between the employer and the Union will take precedence over the terms of this Article. (f) In the event of recall, positions will be on filled in the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred reverse manner to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualifiedlay- off. No partA full-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee nurse shall be recalled to the first vacancy for which he/she is certified only full-time positions and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will a part- time nurse shall be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate only part-time positions. (including any additions or revisions to the certificateg) as well Where staffing levels are temporarily reduced as a current statement result of any qualifications upon which recall decisions may a sudden or unexpected occasion or combination of events calling for immediate action (i.e. an emergency), such reductions will not be basedgoverned by this Article. C. As it relates to individual employees who are not regulated by (h) The Region shall retain the Teacher Tenure Act, an employee’s responsibility and the right to recall shall only extend for determine the methods through which municipal services are provided. However, in the event that a period of regular nurse with three (3) years years' service is displaced from his job by technological change, the effective date Region will take one or a combination of his/her layoffthe following actions: i) Relocate the nurse in another job in his area of competency, if such is available within the Region. D. As it relates to individual employees who are ii) If (a) is not regulated by possible, but a position is available for which the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during nurse could be retrained within a period of impending layoffs in this Districtsix (6) months, assume responsibility for the retraining of the nurse. iii) If none of the foregoing, action is attainable, and it is necessary to terminate the employment of the nurse, provide him with six (6) months' notice of termination and provide him with a separation settlement of one (1) week's salary per year of service. iv) Should there be any introduction of new equipment, due to technological change when advanced training is necessary, the Board may grant requests for voluntary leaves of absence if Region will extend such training to the Board deems it economically sound to approve such requests and a satisfactory replacement can be employedsenior nurses in the classification involved, provided they are trainable. F. As 11.02 No reduction in the hours of work for full-time nurses shall take place to prevent or reduce the impact of a lay-off without the consent of the Union such consent will not be unreasonably withheld when it relates is shown to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to best interest of the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in addressresidents.

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As In the event the Town determines it relates is necessary to individual lay off personnel in the Fire Department, employees who are not regulated shall be laid off according to seniority and qualifications. Seniority shall be the determining factor except when a more junior bargaining unit member has significantly greater qualifications than the next senior bargaining unit member. In such circumstance, the junior employee may be retained and the next senior employee laid off. B. The affected employee shall be provided a thirty (30) calendar day written notice of layoff. C. Notwithstanding the grievance filing requirements contained in Article 8, the affected employee, with the consent of the Union, may file a written appeal within five (5) calendar days to the Town Manager requesting an expedited grievance arbitration hearing before an arbitrator provided by the Teacher Tenure Act, if conditions warrant a layoff of personnelMaine Labor Relations Board that is mutually agreed upon by the Town and the union. To the extent possible, the following procedure will arbitration hearing and written decision shall be used: 1conducted and issued prior to the expiration date of the thirty (30) calendar day layoff notice. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Town and the Union are unable to reach a mutual agreement on an arbitrator, the expedited grievance arbitration rules and procedures of the American Arbitration Association shall have be utilized. These time limits may be extended by mutual written agreement between the right to review Town and the layoff list prior to notification of the individual to be laid offUnion. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employeeD. After such layoff, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse by inverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in The recall to vacant positions. A laidperiod shall be twenty-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate four (including any additions or revisions to the certificate24) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years months from the effective date of his/her the layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification . Notice of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail mail, return receipt requested, to the employee’s last known addressmailing address of the laid off employee. It shall be the responsibility of each the employee to notify provide the Board Town Manager with the employee’s current mailing address. The employee shall have fourteen (14) calendar days from the first attempt by the post office to deliver the certified letter to inform the Town Manager in writing of any change his intent to accept the recall. The employee must return to work within thirty (30) calendar days from the date of the recall notice. In addition, for twenty-four (24) months after such layoff, no new regular paid employee shall be hired by the Town for employment in addressthe department until all previously laid off employees have been given a written notice of recall.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates 23.01 In cases of reduction of the work force due to individual lack of work, employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoffseniority beginning with the part-time staff followed by the full-time staff. Changes in certification Seniority so exercised shall be on a bargaining unit wide basis. 23.02 Employees who have been laid off due to lack of work will retain their seniority and qualifications after right of recall for a period equivalent to the effective date employees' actual service within the bargaining unit up to a maximum of an employee's layoff 12 months. 23.03 Full-time employees, who have completed their probationary period and are only taken into consideration in recall laid off due to vacant positions. A laid-off employee lack of work, will be recalled first in order of seniority to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position either full-time or part-time work should it become available as long as such employee has the required skills and/or qualifications and/or experience. Such recall will be given by registered letter to any currently employedthe last address recorded with the Corporation by the employee. 23.04 Part-time employees, qualified applicant. It is the who have completed their probationary period and are laid off employee’s responsibility due to lack of work, will be recalled in order of seniority to part-time work only, as long as such employee has the required skills and/or qualifications and/or experience, after the full-time employees have on file been recalled in accordance with Article 23.03. Such recall will be by registered letter to the last address recorded with the District a current certificate (including any additions or revisions to Corporation by the certificate) as well as a current statement of any qualifications upon which recall decisions may be basedemployee. C. As it relates 23.05 Full-time employees, who have accepted recall to individual employees who are not regulated by part-time work, shall have the Teacher Tenure Act, an employee’s further right to be recalled in order of seniority to full-time work, as long as such employee has the required skills and/or qualifications and/or experience, if it becomes available within their recall shall only extend period in accordance with Article 23.03. 23.06 Seniority previously accumulated will be lost and employment will be terminated whenever an employee(s): a) resigns and does not rescind resignation within 48 hours or is discharged; b) who is absent for a period of three (3) years consecutive working days or a part-time employee who is absent for three (3) consecutive scheduled shifts without providing an explanation that is satisfactory to the Corporation; c) laid off for a period equal to their seniority at the time of the layoff but not exceeding twelve (12) consecutive months. In such event, the Corporation will provide a neutral letter of reference to the employee and will provide any required payments; d) fails to report for work at the expiration of any leave of absence granted by the Corporation without an explanation that is satisfactory to the Corporation; e) fails to confirm their return to work within seven (7) working days after notice of recall has been sent out in accordance with Article 23 . Upon written request from the effective date employee, an extension of his/her layoff.up to twenty-one (21) days may be granted; D. As it relates f) is absent in excess of twenty-four (24) months due to individual employees who are not regulated by the Teacher Tenure Actaccident or illness, and becomes totally and permanently disabled; g) fails to report their absence from duties on three (3) separate occasions within a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits twelve (12) month period without an explanation that is satisfactory to the Board, subject to conditions of existing policies provided such continuation does not affect the group rateCorporation. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As it relates to individual For layoff purposes, bargaining unit employees who shall be grouped into the following categories: Office/Clerical, Educational Support Staff, Bus Driver, Custodian, Food Service. Employees shall be laid off in reverse order of district seniority within category when employee qualifications for retained positions are not regulated by equal. An employee may hold seniority within more than one category and, in the Teacher Tenure Actevent of layoff within category of work, if conditions warrant may “bump” a junior employee in another category where seniority exits provided the senior employee has the qualification for the position retained. B. In the event the employer anticipates a layoff of personnelemployees, the following procedure Association and the affected employees will be used:given fifteen (15) calendar days written notice prior to the time the layoff would occur. 1. C. In the event an of more than one individual employee must be laid offhaving the same seniority ranking, layoff will be all employees so affected shall participate in a drawing by lot to determine the position on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid offseniority list. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a D. A laid off employee shall upon application and at her/his option, be recalled given consideration for the substitute list. E. Laid off employees shall be placed into a re-employment pool. Reassignment from this pool to the first vacancy for which he/she is certified and qualified and existing vacancies shall be in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant any position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicantthey are qualified. It is the laid off employee’s responsibility to have on file with the District a current certificate Recall rights shall not extend beyond one (including any additions or revisions to the certificate1) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years year from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification . Notice of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified or registered mail to the employee’s last known addressaddress as shown on the employer’s records. It shall be the employee’s responsibility of each employee to notify keep the Board of any change in employer notified as to her/his current mailing address. F. If an employee rejects an offer of recall, he/she shall be dropped from the pool.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff Section 22.01. Seniority shall apply in case of personnel, the following procedure will be used: 1layoff. In the event of a layoff or reduction in force, the employee with the least seniority shall be laid off first. Section 22.02. An employee in a terminated position may bump another employee with less seniority in an equal or lower classification. Whenever an employee must be is laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association such employee shall have the right opportunity of returning to review his/her former position or rank before any new person is employed in that position for a period not exceeding two (2) years from the date the layoff list prior becomes effective. Section 22.03. Employees will be given at least two (2) weeks notice before layoffs are made. The Union shall be notified at the same time the employee is notified of layoff. If such notice is not given, the employee shall be entitled to notification of four (4) weeks severance pay. Section 22.04. In the individual to event seniority is equal, the employee appointed last shall be laid off. Section 22.05. Employees who are laid off shall have recall rights as follows. Section 22.06. The affected employee shall notify the Borough in writing at the time of layoff that he/she requests placement on a recall list. Section 22.07. Employees who are bumped to a lower rank shall have recall rights to return to his/her former rank in the event the position is reopened or is reestablished. When an employee is bumped to a lower rank, he/she shall be placed on the appropriate pay scale and step that represents the least reduction in pay to the employee. Section 22.08. For the period of two (2. An ) years and one (1) day, the affected employee in a position being reduced or eliminated shall have the right to be transferred recalled to the full- time rank from which he/she was laid off, if a position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created should become vacant or reinstated, or to retain a senior employeeposition in a lower rank. 3Section 22.09. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within For two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Actyears and one (1) day, a laid off employee no person shall be recalled to newly employed until all persons on the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to list have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent been notified by certified mail and such persons either are offered re- employment, or decline such employment offer. An employee, who declines an offer of reemployment in the same rank as previously employed, shall forfeit recall rights. Failure to the employee’s last known address. It respond in writing to a notice of an opening within ten (10) working days after certified mailing thereof shall be the responsibility of each employee deemed a refusal to notify the Board of any change in addressaccept re-employment.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates The Sheriff retains the exclusive right to individual employees who are not regulated by determine the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used:need for personnel reduction. 1. 13.1: In the event an employee must of personnel reduction, bargaining unit members shall be laid offoff in the inverse order of their seniority in their classification; provided, layoff will be on the basis of seniorityhowever, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within where two (2) working or more bargaining unit members have seniority standing within thirty (30) days of each other, the action. B. As it relates Sheriff shall determine the order of layoff based on education and performance. Upon reverting to individual employees who are not regulated a lower classification, a bargaining unit member’s seniority shall be determined by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her original permanent appointment to that classification. All probationary bargaining unit members shall be laid off before any permanent bargaining unit member is laid off. 13.2: Bargaining unit members shall be recalled from layoff in accordance with their seniority in the classification from which they were laid off. No new bargaining unit member shall be hired in any classification until all non-probationary bargaining unit members on layoff status in that classification have had an opportunity to return to work. The Sheriff reserves the right in his sole discretion to require said recalled bargaining unit members to submit to any such existing entry level test(s), (e.g. physical, psychological, polygraph, toxicology testing), in order to determine that they are physically and mentally capable of performing the work available at the time of recall. Further, all such recalled bargaining unit members must meet all of the established standards set by the Sheriff in effect at the time of the recall. No laid off bargaining unit member shall retain recall rights beyond eighteen (18) months from the date of layoff. D. As it relates 13.3: The Sheriff may deviate from the above-described procedure in order to individual employees who are not regulated maintain (or recall) personnel deemed necessary by the Teacher Tenure ActSheriff and/or as necessary to comply with federal or state court orders, a laid off employee may continue his/her healthdecrees, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Boardjudgments, subject to conditions of existing policies provided such continuation does not affect the group ratestatutes, regulations, public safety purposes and/or requirements. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant 13:01 Where a layoff affecting an employee(s) for more than one (1) shift is necessary the Company will whenever possible, give at least twenty-two (22) hours notice of personnel, such layoffs to the following procedure will be used: 1employee or employees affected and the Union. In the event an employee must does not receive the twenty-two (22) hours notice of layoff, the laid off employee will receive four (4) hours pay at their regular hourly rate of pay. The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs. If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible. In the event that an employee does not receive the five (5) working days notice as identified above, the laid off employee will receive eight (8) hours pay at their regular hourly rate. This pay in lieu of notice shall not be required if the layoff is a result of mechanical or material failure. (i) Subject to Article 13:08, whenever it becomes necessary to decrease the working force, all probationary employees will be laid off first. If further layoffs are necessary; employees with the least amount of plant wide seniority shall be laid off, layoff will be on provided that there remain seniority employees able to do the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid offremaining work. 2. An employee in a position being reduced (ii) Layoffs affecting an employee(s) for one (1) shift or eliminated less shall have the right to be transferred to the full- time position held effected by the employee laying off employees with the least seniority by shift, providing sufficient employees according to seniority by shift do not volunteer to take the layoff. The Company will not be required to offer such layoffs by seniority on the shift if the circumstances make it impractical to do so in which case the company will forthwith contact the union to discuss the matter. (iii) Where the Company lays off employees, employees will be given the option by seniority to voluntarily be on a leave of absence for which the more senior duration of the intended layoff provided that there remain seniority employees able to do the remaining work. Employees must state their desire in this regard prior to the commencement of the layoff. An employee is certified and qualified. No part-time positions on such leave of absence shall be created entitled to retain a senior employee. 3. If return to work after having been off for the Board acts to original intended duration of the layoff, or at thirty (30) days intervals from the date the lay off an employeecommenced or recalled once all other employees in his/her classification have been recalled from layoff. In order to exercise this right, every effort will be made to notify the employee on the leave of that Board action within absence must provide the Company with at least two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and weeks notice in reverse order of layoff. Changes writing in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date advance of his/her layoffintended date of return. In any event, the leave of absence referred to herein shall not exceed twelve (12) months. D. As (iv) In the event the Company is aware or expects forty-eight (48) hours in advance that there will be a short work week, four (4) or fewer shifts available to an employee in a classification, in any given week, it relates to individual will advise the Plant Chairperson and employees who are not regulated by the Teacher Tenure Act, a that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 13:03. (a) Employees within classifications in which jobs have been eliminated, will be assigned by inverse order of seniority to the jobs of persons laid off. Within 24 hours of commencement of employment in an assigned classification, an employee may continue so assigned can exercise his/her healthseniority rights to displace an employee with less seniority in another classification, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits This process shall continue until no employees exercise or are able to the Board, subject to conditions of existing policies provided such continuation does not affect the group rateexercise bumping rights. The following will apply in seniority order. E. As it relates to individual employees who are not regulated by (b) Where the Teacher Tenure Act, during a period anticipated duration of impending layoffs in this Districtthe layoff will exceed one hundred and twenty (120) days, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound Company will provide training to approve such requests and a satisfactory replacement can be employedemployees, exercising their bumping rights. F. As it relates (c) Where the layoff is not anticipated to individual employees exceed one hundred and twenty (120) days, the employee must have the necessary skill and ability to perform the duties of the classification he/she wishes to bump into. (d) Where the layoff is not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and twenty (120) days, the Company will recall the employee and offer bumping rights and training. The training periods referred to above will be for up to ten (10) working days. 13:04 Persons assigned to other classifications or who are not regulated by the Teacher Tenure Act, notification of recall bump into other classifications shall be in writing with a copy to paid the Association Presidentrate of the classification into which they are assigned or bump. The notification Company shall not be sent responsible for any loss of hours or loss of pay an employee may experience as a result of having been displaced by certified mail this procedure. 13:05 The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office, notwithstanding their position on the seniority list, provided that there is work they are able to the employee’s last known addressperform. It shall The layoff order will be the responsibility of each employee to notify the Board of any change in address.from bottom as follows:

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As it relates to individual 13.01 A layoff is defined as a reduction in the number of bargaining unit employees who or the elimination of one or more bargaining unit positions which are occupied by bargaining unit employees at the time of elimination. A reduction in regular hours of work for one or more bargaining unit employees does not regulated by the Teacher Tenure Act, if conditions warrant constitute a layoff of personnel, the following procedure will be used: 1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid offunder this Agreement. 2. An employee in a position being reduced or eliminated shall have the right 13.02 Employees are subject to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and layoff in reverse order of layoff. Changes seniority in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file accordance with the District a current certificate (including any additions or revisions following having regard to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employeeEmployer’s right to recall shall only extend for maintain a period of three (3) years from competent workforce where employees have the effective date of his/her layoffrequisite skill, ability and qualifications to maintain production and perform the required work. D. 13.03 As it relates to individual employees between two employees, whose requisite skill, ability and qualifications are equal, seniority shall prevail. 13.04 Employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental shall be placed on a recall list and life insurance benefits by paying monthly the normal per-subscriber group premium shall accrue seniority for such benefits up to the Board, subject to conditions of existing policies provided such continuation does not affect the group ratesix (6) months. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification 13.05 Notice of recall shall be issued in writing accordance with site seniority, provided that the employee to be recalled has the requisite skill, ability and qualifications to maintain production and perform the required jobs. Notice of recall shall be provided by a copy to telephone call. If the Association President. The notification Employer cannot reach the Employee by telephone, notice shall be sent by certified mail tracked courier to the employee’s last known addressaddress and shall be deemed delivered on the following business day. It shall be the employee’s responsibility to keep the Employer advised of each his/her current address at all times. 13.06 At any time, an employee may request a voluntary layoff. Approval of such request shall be at the Employer’s sole discretion and shall not be unreasonably withheld. 13.07 The Employer shall give the employee with seniority five (5) working days’ notice in writing of layoff or pay in lieu, except when the cause of layoff is beyond the control of the Employer and the Employer has insufficient notice themselves to notify comply with this provision. 13.08 In the Board event of any change a layoff, the Union Xxxxxxx shall be retained by the Employer pending their ability and skill to perform the available work. 13.09 During a layoff, the Company agrees that if the equipment and qualified manpower is available it will not contract out work in addresswhich employees in the bargaining unit normally performs.

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As it relates If the Board of Education decides to individual lay off employees in any classification included in the bargaining unit, they will do so beginning with the least senior employee in that classification. Classifications shall be defined as shown under the recognition clause of this document. Seniority shall be defined as the uninterrupted length of continuous service with the Board in a particular job classification computed from the latest date of hire or appointment to their present classification. Authorized Leaves of Absence shall not be constituted as an interruption of continuous service. An employee scheduled for layoff in one classification who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association also holds previous seniority in another classification shall have the right to review bump the least senior employee in the former classification providing he/she has greater seniority than the current least senior employee. Such employee shall retain all previous seniority accumulated in that classification. The employee who elects to bump shall retain all rights to recall to the position in which the layoff occurred. Any openings which occur in a classification from which employees are laid off shall be offered to the most senior employee on the layoff list prior before the next employee on the list may be considered. (Any employee who declines reinstatement shall be removed from the reinstatement name list.) Recalled employees must report to work within ten (10) days of notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held unless an extension is granted by the employee with Board. The employees shall remain on the least seniority recall list for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee period of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order years from their effective date of layoff. Changes in certification If reinstated from layoff during this period, such employee shall retain all previous accumulated seniority and qualifications after the effective date a notice of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will reinstatement shall be recalled to a vacant position for which he/she is made by certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicantmail. It is the laid off employee’s responsibility of the employee to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, ensure that the Board may grant requests for voluntary leaves of absence if has the Board deems it economically sound to approve such requests correct address and a satisfactory replacement can be employedphone number. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees An administrator who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2off shall receive a written notice of such action. The notice shall include reason(s) for layoff. A copy of the layoff notice shall be sent to the Association. Notification of layoff shall be provided as follows: 6 - 10 years 90 days 11 - 15 years 120 days 16 + years 150 days An employee in a position being reduced or eliminated shall have the right administrator who is to be transferred reduced in hours of employment shall receive at least thirty (30) calendar days written notice of such action. A copy of the notice shall be sent to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualifiedAssociation. No part-time positions Administrators who are reduced in hours of employment shall be created placed on the recall list and shall be entitled to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee listed in Sections E and G of that Board action within two (2) working days of the actionthis Article. B. As it relates to individual employees Administrators who are not regulated by the Teacher Tenure Act, a laid off employee have accumulated unused vacation leave balances shall be recalled to reimbursed for such balances on a prorated basis at his/her per diem rate as of the last day of service. This payment will occur the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after pay period following the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be basedlayoff. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of Administrators recalled within three (3) years from after layoff shall not be considered to have suffered a break in service for purposes of seniority and sabbatical eligibility. D. For two (2) years following the effective date of layoff, an administrator who has been laid off, who indicates a desire to be placed on a recall list, shall be offered reemployment in the same position, similar or previously held position at the same college should an opportunity for such reemployment arise. If the position is on the same salary level, the administrator shall receive the same salary which was received at the time of layoff plus any increases in salary or benefits received by the unit covered by this Agreement. If the position is on a lower salary level, the administrator shall receive a salary which is reduced by 5% from his/her layofforiginal salary level or the top of the new salary level, whichever is less. D. As it relates to individual employees E. For three (3) years following the effective date of layoff, an administrator on a recall list who are not regulated by is a qualified applicant for a position in the Teacher Tenure Actunit shall be interviewed and considered for the position. He/she shall be treated as an internal candidate as defined in Article 27. F. In the event of layoffs, the System President shall establish a recall list and promptly supply the Association with the list and any subsequent changes. G. All unit members on the College's recall list shall regularly be sent position vacancy announcements in the unit. X. Xx administrator who is laid off employee may continue be eligible to receive severance pay. Severance pay will be based on his/her health, dental and life insurance benefits by paying monthly per diem rate as of the normal per-subscriber group premium last day of service. This payment will occur the first pay period following the effective date of layoff. Eligibility for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall severance pay shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.as follows: 0-3 years 5 days 4-10 years 20 days 11-15 years 30 days 16 + years 40 days

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates ‌ The provisions of this article pertain to individual full-time employees who are not regulated in non-competitive and labor class titles. Layoff and recall of those employees working in competitive titles shall be governed by the Teacher Tenure Act, if conditions warrant a layoff Xxxxxx County Rules for the Classified Civil Service. A. The Superintendent shall notify the Association President of personnel, the following procedure title in which the position is being recommended to the Board of Education to be abolished. B. The Superintendent shall notify the Association President of the person(s) impacted by an abolished position(s). Seniority in the district shall be used to determine the order of employee layoffs. Employees will be used:laid off in order of least seniority. 1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood C. The parties acknowledge that the Association shall have District has the management right to make employment decisions and maintains the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for determine which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled and will utilize the following objective criteria as a basis for the decision: -good overall attendance record -acceptable performance record -demonstrated experience in the position and its responsibilities and duties D. All unused sick, personal, and / or vacation benefit days shall be restored to the first vacancy employee upon recall. E. An employee identified for which he/she is certified and qualified and in reverse order of layofflayoff shall be placed on a preferred list for a period not to exceed 12 months. Changes in certification and qualifications after The one year period shall commence with the effective date of an employee's layoff are only taken into consideration the layoff. An employee placed upon a preferred list shall be removed at the conclusion of the one year period, Furthermore, the employee shall be removed from a preferred list in recall to vacant positions. A laid-off the event the employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with separates from the District a current certificate (including any additions through resignation, retirement, or revisions to the certificate) as well as a current statement result of any qualifications upon disciplinary action which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs results in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employeddismissal. F. As it relates to individual The period of layoff shall not be considered a break in service for purpose of Health Insurance Benefits in retirement and in years of service toward Longevity. If applicable, employees who are not regulated by the Teacher Tenure Act, notification of recall recalled shall be in writing with paid at a copy to rate determined by examining the Association President. The notification shall be sent rate of pay at the time of the layoff and adjusting the rate by certified mail to whatever terms the employee’s last known address. It shall be parties had negotiated salary adjustments during the responsibility time of each employee to notify the Board of any change in addresslayoff.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As 10:01 Whenever it relates becomes necessary to individual decrease the workforce, probationary employees who from the yard affected will be the first laid off. If further layoffs are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnelnecessary, the following procedure Company will be used: 1. In identify which yard the event an employee must be laid off, layoff will be on the basis of seniority, certification, redundant positions are in and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employeethe junior employees in that yard, every effort will be made to notify providing the remaining employees are capable of performing the work available. Any employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy so affected for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of more than three (3) years from the effective date consecutive tours of duty and/or ten (10) tours of duty per year, will be allowed to exercise his/her layoffseniority to displace the most junior drivers. D. As it relates to individual employees 10:02 Employees who are not regulated by the Teacher Tenure Act, a have been laid off in accordance with the above procedure, will be returned to work in line of seniority in which they are laid off , providing they are capable of performing the work. 10:03 The Company will provide the Chairperson and Union Shop Committee with a list of employees to be laid off or recalled, as well as any cancellation of such notices. 10:04 Owner Operators will not be utilized to perform work usually performed by bargaining unit members, when bargaining unit members are on layoff. Notwithstanding the above, the parties recognize that there are currently Owner Operators working out of the Toronto Yard who normally perform the same type of work as bargaining unit members. It is therefore understood that if bargaining unit members in Toronto are on layoff those Owner Operators will not be used and if bargaining unit members in yards other than Toronto are on layoff these owner operators will only be used if the laid off members from other yards do not wish to displace them. 10:05 A layoff is defined as any bargaining unit driver who has not been given a start time within thirty (30) hours of completing his ten (10) hour DOT rest period. Should any bargaining unit driver not be scheduled within the above mentioned time period (or if this clause is applied, to any bargaining unit driver more than once per week), said employee may continue his/her health, dental file a grievance and life insurance benefits by paying monthly will be compensated for lost hours if Owner Operators were utilized during the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rateemployee's layoff period. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.10:06 Severance Pay “Trust”

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff In all other cases of personnellayoff, the following procedure will Hospital shall give each employee in the Bargaining Unit who has acquired seniority one week's notice provided however, such notice shall not be used: 1required if the layoff occurs because of emergencies (for example, fire, act of God, power failure or equipment breakdown). In the event an employee must be laid offof layoff, layoff will be the Hospital shall lay off employees in the reverse order of their seniority within their classification; providing that there remain on the basis of seniority, certification, and qualificationsjob employees who then have the ability to perform the work. It An employee who is understood that the Association subject to layoff shall have the right to review either: accept the layoff; or displace an employee who has lesser Bargaining Unit seniority and who is the least senior employee in a lower or identical paying classification in the Bargaining Unit if the employee originally subject to layoff list prior can perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be laid off subject to his or her rights under this section, The decision of the employee to choose (a) or above shall be given, in writing, to the designated Hospital Representative within five working days (excluding Saturday, Sunday and Holidays) following the notification of layoff. Employees failing to do so will be deemed to have accepted the individual to be laid off. 2layoff. An employee in a position being reduced or eliminated shall have the right opportunity of recall from a layoff to an available opening, in order of seniority, provided he has the ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. Employees on layoff shall be transferred given preference for temporary vacancies which are expected to exceed ten working days. An employee who has been recalled to such a temporary vacancy shall not be required to accept such recall and may instead remain on layoff. In determining the ability of an employee to perform the work for the purposes of paragraphs and above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he was laid off shall have the privilege of returning to the full- time position he held by prior to the employee with the least seniority for which the more senior employee is certified and qualified. layoff should it become vacant within six months of being recalled, No part-time positions new employees shall be created hired until all those laid off have been given an opportunity to retain a senior employee. 3. If the Board acts return to lay off an employee, every effort will be made work and have failed to notify the employee Hospital of that Board action within two (2) working days their intention to do so, in accordance with below, or have been found unable to perform the work available. WORK OF THE BARGAINING UNIT: Work of the action. B. As it relates Bargaining Unit Employees not covered by the terms of this Agreement will not perform duties normally assigned to individual those employees who are not regulated covered by this Agreement except for the Teacher Tenure Actpurposes of instruction, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and experimentation, or in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual emergencies when regular employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoffreadily available. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As it relates 13.01 A layoff means a permanent or long-term reduction in the complement of employees in a classification (not including casual employees), and also means a significant reduction in the regularly scheduled hours of a seniority employee within a classification for a period of two full consecutive pay periods (ie. A full- time employee is converted to individual employees who are not regulated by the Teacher Tenure Actregular part-time employee, if conditions warrant or a layoff of personnel, the following procedure will be used: 1regular part-time employee is converted to part-time employee). In the event an employee must be laid offof the layoff of seniority full time employees within a classification, layoff the Employer will be lay off full time employees in the reverse order of their seniority within their classification provided that the remaining employees on the basis of seniority, certification, job have the ability and qualificationsthe qualifications to immediately perform the work required by the Employer. It A full-time employee who is understood that the Association subject to lay off shall have the right to: (i) accept the layoff; or (ii) displace another full-time employee who has lesser seniority and who is the least senior full-time employee in a lower or identical paying classification in the bargaining unit if the full-time employee originally subject to review the layoff list prior to notification is qualified and capable of immediately performing the duties of the individual lower or identical paying classification with basic orientation but without having to undergo any training. Such full-time employee so displaced shall be laid off.; 2. An (iii) In the event that a full-time employee is laid off and provided no other full time bargaining unit positions are available for which such full-time employees is qualified and capable to immediately perform, the full-time employee shall then be allowed to displace a part time employee with less seniority in a position being reduced lower or eliminated shall have the right to be transferred to the full- time position held by identical paying classification provided that the employee with is qualified and capable of immediately performing the least duties in the position that they are bumping into. In the event of a layoff of seniority for which part time employees, the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to Employer will lay off an employee, every effort will be made to notify part time employees in the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification their seniority within their classification, provided that the remaining employees on the job have the ability and qualifications after to immediately perform the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be basedwork. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. A. As it relates to individual employees A layoff shall be defined as the elimination of a bargaining unit position for bona fide operational (including the need for reorganization) or financial reasons. An administrator who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used: 1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off. 2off shall receive a written notice of such action. The notice shall include reason(s) for layoff. A copy of the layoff notice shall be sent to the Association. Notification of layoff shall be provided as follows: 6 - 10 years 90 days 11 - 15 years 120 days 16 + years 150 days An employee in a position being reduced or eliminated shall have the right administrator who is to be transferred reduced in hours of employment shall receive at least thirty (30) calendar days written notice of such action. A copy of the notice shall be sent to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualifiedAssociation. No part-time positions Administrators who are reduced in hours of employment shall be created placed on the recall list and shall be entitled to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee benefits listed in Sections E and G of that Board action within two (2) working days of the actionthis Article. B. As it relates to individual employees Administrators who are not regulated by the Teacher Tenure Act, a laid off employee have accumulated unused vacation leave balances shall be recalled to reimbursed for such balances on a prorated basis at his/her per diem rate as of the last day of service. This payment will occur the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after pay period following the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be basedlayoff. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of Administrators recalled within three (3) years from after layoff shall not be considered to have suffered a break in service for purposes of seniority and sabbatical eligibility. D. For two (2) years following the effective date of layoff, an administrator who has been laid off, who indicates a desire to be placed on a recall list, shall be offered reemployment in the same position, similar or previously held position at the same college should an opportunity for such reemployment arise. If the position is on the same salary level, the administrator shall receive the same salary which was received at the time of layoff plus any increases in salary or benefits received by the unit covered by this Agreement. If the position is on a lower salary level, the administrator shall receive a salary which is nearest to his/her layofforiginal salary level or the top of the new salary level, whichever is less. D. As it relates to individual employees E. For three (3) years following the effective date of layoff, an administrator on a recall list who are not regulated by is a qualified applicant for a position in the Teacher Tenure Actunit shall be interviewed and considered for the position. He/she shall be treated as an internal candidate as defined in Article 27. F. In the event of layoffs, the System President shall establish a recall list and promptly supply the Association with the list and any subsequent changes. G. All unit members on the College's recall list shall regularly be sent position vacancy announcements in the unit. H. An administrator who is laid off employee may continue be eligible to receive severance pay. Severance pay will be based on his/her health, dental and life insurance benefits by paying monthly per diem rate as of the normal per-subscriber group premium last day of service. This payment will occur the first pay period following the effective date of layoff. Eligibility for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall severance pay shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.as follows: 0-3 years 5 days 4-10 years 20 days 11-15 years 30 days 16 + years 40 days

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates For all officers appointed prior to individual employees who are not regulated the revocation of civil service layoff and recall will continue to be governed by MGL c. 31 pursuant to MGL c. 4 sec 4B. For all officers appointed after the Teacher Tenure Act, if conditions warrant a revocation of civil service layoff and recall shall in inverse order of personnelhiring and any recall to work shall be based on seniority. No officer appointed prior to the revocation of civil service will be laid off before all officers appointed after the revocation of civil service have been laid off. For the purposes of this Agreement, the following procedure will be used: 1term "layoff" means a reduction in the number of employees due to lack of work, lack of funds or elimination of position. In the event an employee must of a layoff, the least senior employee(s) shall be laid off, layoff will be on the basis of seniority, certification, and qualificationsoff first. It is understood that the Association shall have the right to review the layoff list prior to notification In any such case a five (5) days' advance notice of the individual contemplated layoff shall be given to be laid off. 2. An the employee in writing; a position being reduced or eliminated copy of such notice shall have the right to also be transferred given to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positionsUnion. A laid-off employee will shall have recall rights for a maximum period of five (5) years. Recall shall be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file in order of seniority with the District a current certificate (including any additions or revisions to employee with the certificate) as well as a current statement highest level of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s seniority having first right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification recall. Notice of recall shall be in writing with a copy to the Association President. The notification shall be sent by via certified mail to the employee’s last known address. It A recalled employee shall notify the Chief of Police within fourteen (14) calendar days of mailing of the recall notice of his or her intention to return to the Burlington Police Department. Any person refusing or failing to exercise such recall opportunity within such fourteen (14) day period shall be deemed to have waived his or her right of recall permanently and absolutely. Employees must be available to work within twenty-one (21) calendar days of receiving notice in order to be eligible for recall. This requirement may be waived with the responsibility agreement of each the Chief of Police. Prior to returning to work, a recalled employee may be required to notify undergo a physical examination, or such other examination or investigation as the Board Chief of any change Police deems necessary and appropriate. If, based on the results of such examination or investigation, the Chief of Police rescinds the offer of recall, he/she shall provide the employee with a written statement of his reasons for the rescission. This rescission may be subject to the grievance and arbitration provisions of the contract. Laid off employees will be responsible to maintain eligibility for POST certification, provided that laid off employees are allowed to attend department training sessions, if such trainings are available at no cost to the employee or the Town. Laid off employees will be allowed to attend courses which involve a cost provided they pay their portion of the costs. Laid off employees who attend such Town- sponsored training sessions and/or courses shall, as a condition of attendance, sign a Release of All Claims on a form provided by the Town indicating that they are participating on an unpaid voluntary basis and not as employees of the Town and, except in addressinstances involving gross negligence on the part of the Town, they accept all risks associated with participation in the program.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will Section 1 Xxxxxx and recall shall be used: 1in accordance with seniority. In the event an employee must be laid offof a layoff, layoff will be on the basis Company shall lay off employees in reverse order of seniority, certification, and qualifications. It is understood that Employees with seniority at the Association time of layoff shall have the right to review the layoff list prior to notification of the individual to be laid off. 2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority recall rights for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days years. Notices of layoffs and recalls shall be provided to the actionUnion. B. As it relates to individual Section 2 In the event of a recall, the Company shall recall employees who are not regulated by the Teacher Tenure Act, a laid off in order of seniority as qualified. The recalled employee shall be recalled given notice of recall by registered mail or certified mail sent to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after address last given by the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificateCompany. Within five (5) as well as a current statement business days after tender of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated delivery at such address, the employee must notify the Company by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date registered mail or certified mail of his/her layoffintent to return to work. The employee must actually report to work within fourteen (14) calendar days after the date of the recall notice’s tender of delivery unless it is mutually agreed by the Company and the employee that the employee need not return to work within the fourteen (14) calendar day period. In the event the employee fails to comply with the above, he/she shall lose all seniority rights under this Agreement and shall be considered to have voluntarily quit. D. As it relates Section 3 Seniority shall accumulate during layoff while subject to recall. Employees laid off shall not be entitled to any benefits provided herein. Section 4 No individual employees who are not regulated employed by the Teacher Tenure ActCompany as a Helper at the time of ratification of this Agreement shall be discharged, a or laid off employee may continue his/if alternative work within the bargaining unit is available for which the individual is qualified to perform, solely because he or she is not qualified to drive. Section 5 In the event that a Food Transport Driver loses his or her healthdrivers’ license, dental and life insurance benefits by paying monthly or is unable to drive, the normal per-subscriber group premium Food Transport Driver shall be offered alternative work within the bargaining unit for which the individual is qualified to perform, if such benefits work is available. If alternative work is not available, Food Transport Drivers shall be entitled to take an unpaid leave of absence equivalent to their length of service with the Boardemployer, subject not to conditions of existing policies provided such continuation exceed twelve (12) months. In the event that a Food Transport Driver does not affect the group rate. E. As it relates return to individual employees who are not regulated work by the Teacher Tenure Actend of the applicable leave period, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall he or she shall be in writing with a copy deemed to the Association President. The notification have voluntarily resigned and his or her employment shall be sent by certified mail to the employee’s last known address. It shall be the responsibility cease as of each employee to notify the Board of any change in addresssuch date.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Recall. A. As 12.1 There will be four (4) classifications for layoff and recall purposes: Xxxxx 0 Xxxxxxx Xxxxx 4 Technical Support Specialist Level 5 Associate Level 5 Associate Specialist When it relates is necessary to individual reduce the work force, the employees who are not regulated to be laid off from each classification will be identified by the Teacher Tenure Act, if conditions warrant a layoff of personnel, Company based on seniority and ability to perform the following procedure work. Those employees to be laid off will be used: 1identified by the Company. In the event an employee must be laid off, layoff The Union will be on the basis of senioritynotified in advance. All temporary/contract workers doing OCU work, certificationprobationary employees, and qualifications. It is understood that the Association shall have the right School to review the layoff list Work employees will be removed prior to notification of the individual to be any regular full time employees being laid off. 212.2 Filling open positions in each classification through recall of laid-off employees will be based on an employee’s ability to perform available work and the seniority of the individual within the classification. 12.3 Recall rights for regular full time employees on layoff will be maintained for 30 months from date of layoff and seniority will continue to accumulate during this period. Laid off employees will lose seniority at the end of the 30 months. An employee in a position being reduced or eliminated shall have the right on layoff will lose seniority if he/she does not return to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee. 3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action work within two ten (210) working days of being recalled from layoff. The ten working day count starts when the action. B. As it relates Company makes an attempt to individual communicate to the employee. At this time the Company will notify the Union Board when this attempt at communication is made. Probationary employees who are not regulated removed will have no recall rights, and will lose seniority on the date of layoff. 12.4 BUSINESS-RELATED SHUTDOWN Shutdown days may be arranged by the Teacher Tenure ActCompany at any time during the year to selectively suspend production at departmental, business, or the plant level. During this time the Company may decide to utilize a laid off employee shall skeleton force to remain on duty. The Company will begin each calendar year with fifteen (15) business-related shutdown days plus carryover of any unused days from previous years. The number of carryover days may accumulate at a rate of up to five (5) per year up to a maximum total of fifteen (15). The total number of shutdown days available in any calendar year will never exceed thirty (30). Selected areas may be recalled shutdown from one (1) to the first vacancy for which he/she is certified and qualified and in reverse order of layoffthirty (30) days throughout a calendar year. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off No employee will be recalled required to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid take more than thirty (30) shutdown days off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff. D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate. E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this Districtcalendar year. Affected employees may elect to schedule available vacation/floating holiday on shutdown days or to take the shutdown day off without pay. If an employee elects to take a shutdown day without pay or has no vacation/floating holidays available and must take a shutdown day without pay, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can will not be employed. F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail charged to the employee’s last known address. It shall The Company will attempt to schedule shutdown days adjacent to the weekend and will be counted as compensated hours for the responsibility purpose of each calculating pay for overtime. No permanent employee will be required to notify take shutdown days if temporary workers are working in the plant on that day. A business-related shutdown day in any area of the plant will count for the entire plant as having a business-related shutdown day. The Company will send official notification in writing to the Union Executive Board of when any change in addressbusiness-related shutdown days are being implemented.

Appears in 1 contract

Samples: Labor Agreement

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