Layoff Recall. 12.1 When circumstances arise that may result in restructuring of programs giving rise to possible Layoffs, the parties will meet to negotiate possible solutions to avoid Layoffs, all other viable alternatives will be undertaken before Layoffs are implemented. At this point in time when members are accessing their rights under Article 12, all positions will remain as is, and all new hires and posting of vacant positions shall be suspended. 12.2 In the event of Xxxxxx, the Employer will first solicit voluntary Layoffs from among the job classifications affected. If voluntary Layoffs are not feasible, notice of Layoffs will be given in reverse order of seniority within the Program Location’s job classification affected. 12.3 When an Employee has received Layoff notice they will have the option of: a) being placed in the same or higher classification for any vacant position in Community Living Elgin (CLE) for which they possess the required qualifications and ability to perform the work. If two (2) or more people have relatively equivalent qualifications and ability to perform the work, then seniority will apply or b) displacing an Employee with less seniority in an equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work, or c) accepting a temporary placement in a position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work; and at the end of the temporary placement shall maintain their bumping rights, or d) if full-time, accepting placement in a vacant Regular Part Time position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work. e) upon notice of xxxxxx, a laid off Employee will advise the Employer in writing within 3 working days (per Article 7.4) of their decision. Failure to notify the Employer will be considered the employee’s decision to take a layoff and then be placed on the recall list per Article 12.
Appears in 1 contract
Samples: Collective Agreement
Layoff Recall. 12.1 13.01 When circumstances arise that may result there is a reduction in restructuring of programs giving rise to possible Layoffs, the parties will meet to negotiate possible solutions to avoid Layoffs, all other viable alternatives will be undertaken before Layoffs are implemented. At this point in time when members are accessing their rights under Article 12, all positions will remain as is, and all new hires and posting of vacant positions shall be suspended.
12.2 In the event of Xxxxxxworkforce, the Employer will first solicit voluntary Layoffs from among agrees that employees shall be laid-off in the job classifications affected. If voluntary Layoffs are not feasible, notice of Layoffs will be given in reverse order of their seniority within provided that the Program Location’s job classification affected.
12.3 When an Employee has received Layoff notice they will have the option of:
a) being placed in the same or higher classification for any vacant position in Community Living Elgin (CLE) for which they possess the required qualifications remaining employees are willing and ability able to perform the work. If two The employees shall be recalled to work in order of their seniority.
13.02 In the event of a reduction in the workforce, all probationary employees in the job classification affected in the plant, shall be laid off before any employee with seniority is laid off.
13.03 Employees on temporary job postings shall be removed before any employee on a permanent job.
13.04 In the event of a reduction in workforce under this Article, the Chairperson shall be the last person removed from his or her classification during their term of office. Thereafter, they will be subject to all bumping provisions except that they will not be laid off during their term of office, so long a full time work at their own level or a lower wage is available in the plant which they are qualified to perform.
13.05 Any permanent employee, who is subject to layoff, may bump a less senior employee from an equivalent or other job classification provided he/she is capable of performing the minimum requirements within five (25) working days of bumping into the job.
13.06 The Company will give the employee the required notice of layoff or more people pay as provided in accordance with the Employment Standards Act. A list of employees declared surplus will be made available to the Union at least five (5) working days prior to the Notice required under the Employment Standards Act.
13.07 When there is an increase in the work force, laid off employees shall be recalled to work in the order of seniority.
13.08 No new employee or employees shall be hired until laid off employees have relatively equivalent qualifications and ability been given the opportunity to return to work.
13.09 In the event of a temporary layoff of St. Catherine's employees becomes necessary, that layoff shall be carried out as follow, provided that the employees retained to perform the work, then seniority will apply or
b) displacing an Employee with less seniority in an equal or lower classification position in CLE for which they have work available during the required qualifications layoff shall be the employees who are able and ability willing to perform the work, orwork required of them:
c(i) accepting If it appears to the company that the layoff will not exceed seven (7) calendar days (a temporary placement layoff), then the employees affected shall be laid off in accordance with their seniority within the site concerned.
(ii) The temporary layoff provisions shall not be used for the purpose of avoiding plant-wide layoffs or bargaining unit-wide seniority adjustments by scheduling a position series of equal or lower classification position in CLE for which they have the required qualifications and ability temporary layoffs.
(b) During a temporary layoff, movement of an employee from one job to perform the work; and another job shall be made as a loan. All loaned employees will be returned to their former job at the end conclusion of the temporary placement shall maintain their bumping rightslayoff. While on loan from one job to another during a temporary layoff carried out under Section 13.09, or
d) if full-timean employee shall, accepting placement in be considered to be a vacant Regular Part Time position member of equal or lower the classification position in CLE for and site to which they have the required qualifications and ability to perform the workhe/she is loaned.
e) upon notice of xxxxxx, a laid off Employee will advise 13.10 Should the Employer in writing within 3 working days (per Article 7.4) lose the contract to provide services to General Motors and another service provider is hired by General Motors, the Parties agree that Part XIX of their decision. Failure to notify the Employer Employment Standards Act, 2000 will be considered the employee’s decision to take a layoff and then be placed on the recall list per Article 12apply.
Appears in 1 contract
Samples: Collective Agreement
Layoff Recall. 12.1 When circumstances arise that may result in restructuring 17 -
14.01 Subject to the provisions of programs giving rise to possible Layoffs13.01, when layoffs are necessary, employees shall be
(1) Probationary casual employees;
(2) Casual employees on the parties will meet to negotiate possible solutions to avoid Layoffs, all other viable alternatives will be undertaken before Layoffs are implemented. At this point in time when members are accessing their rights under Article 12, all positions will remain as is, and all new hires and posting seniority list by order of vacant positions seniority;
(3) Seasonal employees on a seniority list by order of seniority;
(4) Probationary permanent employees;
(5) Permanent employees on the seniority list by order of seniority;
14.02 Employees shall be suspendedrecalled after layoff in the reverse order to that in which they were laid off.
12.2 14.03 In the event case of Xxxxxxa casual employee on the seniority list in a clerical (salaried) position, such employee shall not have their employment disrupted by another casual employee unless the Employer will first solicit voluntary Layoffs from among the job classifications affected. If voluntary Layoffs are not feasible, notice of Layoffs will be given in reverse order of seniority within the Program Location’s job classification affected.
12.3 When an Employee has received Layoff notice they will have the option of:
a) being placed in the same or higher classification for any vacant position in Community Living Elgin (CLE) for which they possess the required qualifications and ability senior casual employee is qualified to perform the workwork and is familiar with the assignment or there is less than ten (10) working days left in the assignment.
14.04 The Corporation will give five (5) days' notice to a regular employee of a layoff which exceeds five (5) days.
(a) when an employee has been recalled after layoff and has worked less than five (5) days, or
(b) shall apply on an extended basis, up to thirty (30) days when it is intended to apply to the end of a project or its discontinuance due to the weather.
14.05 In the case of a casual or seasonal employee it shall only be necessary for the Union to be notified and notice to be posted, five (5) days in advance of a general
(a) A permanent employee whose position is discontinued or who is being displaced may within (10) ten working days of receipt of written notification of the elimination or displacement, displace a less senior employee only if the employee meets the stated qualifications on the job description.
(b) The senior employee shall notify the Manager of Employee Relations of his decision. If two Should there be (2) or more people have relatively equivalent qualifications and ability to perform the work, then seniority will apply or
b) displacing an Employee with less seniority in an equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work, or
c) accepting a temporary placement two identical positions in a department, the senior employee shall advise which specific position of equal or lower classification position in CLE for which they have the required qualifications and ability he wants to perform the work; and at the end of the temporary placement shall maintain their bumping rights, or
d) if fulldisplace. ARTICLE 14 - LAYOFF-time, accepting placement in a vacant Regular Part Time position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work.
e) upon notice of xxxxxx, a laid off Employee will advise the Employer in writing within 3 working days (per Article 7.4) of their decision. Failure to notify the Employer will be considered the employee’s decision to take a layoff and then be placed on the recall list per Article 12.RECALL CONTINUED:
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Recall. 12.1 When circumstances arise that may result in restructuring of programs giving rise to possible Layoffs, the parties will meet to negotiate possible solutions to avoid Layoffs, all other viable alternatives will be undertaken before Layoffs are implemented. At this point in time when members are accessing their rights under Article 12, all positions will remain as is, and all new hires and posting of vacant positions shall be suspended.
12.2 In the event of Xxxxxx, the Employer will first solicit voluntary Layoffs from among the job classifications affected. If voluntary Layoffs are not feasible, notice of Layoffs will be given in reverse order of seniority within the Program Location’s job classification affected.
12.3 When an Employee has received Layoff notice they she will have the option of:
a) being placed in the same or higher classification for any vacant position in Community Living Elgin (CLE) for which they she possess the required qualifications and ability to perform the work. If two (2) or more people have relatively equivalent qualifications and ability to perform the work, then seniority will apply or
b) displacing an Employee with less seniority in an equal or lower classification position in CLE for which they have she has the required qualifications and ability to perform the work, or
c) accepting a temporary placement in a position of equal or lower classification position in CLE for which they have she has the required qualifications and ability to perform the work; and at the end of the temporary placement shall maintain their her bumping rights, or
d) if full-time, accepting placement in a vacant Regular Part Time position of equal or lower classification position in CLE for which they have she has the required qualifications and ability to perform the work.
e) upon notice of xxxxxx, a laid off Employee will advise the Employer in writing within 3 working days (per Article 7.4) of their decision. Failure to notify the Employer will be considered the employee’s decision to take a layoff and be then be placed on the recall list per Article 1212.6.
12.4 In the event an Employee does not access their rights under 12.2 or 12.3, requirements for Layoff Notice will be given in accordance with the Employment Standards Act, but in no case shall less than one (1) month’s notice be given.
12.5 a) When a Full Time Employee who has received Layoff Notice is placed in a temporary or Part Time position, she will be considered for Full Time vacancies in priority to all other Employees. If more than one Employee is affected the order of placement will be according to seniority.
Appears in 1 contract
Samples: Collective Agreement
Layoff Recall. 12.1 When circumstances arise that may result 14.1 The continuity of service of those re-employed after lay-offs will be reviewed at the time of reemployment and in restructuring each case the employee will be notified if service is re-stored or broken. Continuity of programs giving rise service is broken and employment terminated if an employee:
a) Leaves voluntarily or is discharged,
b) Absents himself from duty for five consecutive days or longer without satisfactory explanation,
c) Is absent because of injury or illness and fails to possible Layoffskeep the Company notified weekly,
d) Is not re-employed within one year from date of lay-off from lack of work,
e) Fails to return to work, or to give a satisfactory explanation within two weeks, when notified, in accordance with Section 14.6
14.2 In all cases of lay-off due to lack of work, the parties Company seniority of employees of the The Peterborough Call Centre Collective Agreement department in which the lack of work occurs will prevail in the first instance, provided the employees as selected to be retained are qualified and willing to do the work which is available. Employees so selected to be laid off, but only within two working days after having received notice of lay-off may make application for transfer to a job of the same or lower classification in another department, or to a job of a higher classification in another department provided that the employee was permanently assigned to the higher rated job for at least 3 of the preceding 5 years. If, in the opinion of the management, such an employee may have the ability and qualifications to do the work and has seniority greater than the employee doing the work, that employee may be given an opportunity to prove ability to do job, but such a trial will not in any event exceed seven working days. The Unit Chair, Vice Chair, Negotiating Committee and Stewards of the Union will be accorded top highest seniority in all cases of layoff, provided, however, that the employees have at least six months continuous service and are qualified and willing to do the work which is available.
14.3 The Management will furnish the Union with the name of each employee to be laid off or transferred due to lack of work, and if requested, will meet the Union to negotiate possible solutions to avoid Layoffs, all other viable alternatives will be undertaken before Layoffs are implemented. At this point in time when members are accessing their rights under Article 12, all positions will remain as is, and all new hires and posting discuss lay-offs or transfers of vacant positions shall be suspendedthe employee or employees concerned.
12.2 In the event 14.4 Any employee to be laid off due to lack of Xxxxxx, the Employer will first solicit voluntary Layoffs from among the job classifications affected. If voluntary Layoffs are not feasible, notice work for an extended or indefinite period of Layoffs time will be given notice of at least one week. The employee will be advised personally of the reason for lay-off and will also be notified as far as possible, as to duration of lay-off.
14.5 The Union will be supplied with a list of employees hired or rehired and employees laid off or discharged, showing their occupation, department and length of continuous service.
14.6 Recall of employees with seniority will operate in reverse order of seniority within the Program Location’s job classification affected14.
12.3 When an Employee has received Layoff notice they will have the option of:
a) being placed in the same or higher classification for any vacant position in Community Living Elgin (CLE) for which they possess the required qualifications and ability to perform the work. If two (2) or more people have relatively equivalent qualifications and ability to perform the work, then seniority will apply or
b) displacing an Employee with less seniority in an equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work, or
c) accepting a temporary placement in a position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work; and at the end of the temporary placement shall maintain their bumping rights, or
d) if full-time, accepting placement in a vacant Regular Part Time position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work.
e) upon notice of xxxxxx, a laid off Employee will advise the Employer in writing within 3 working days (per Article 7.4) of their decision. Failure to notify the Employer will be considered the employee’s decision to take a layoff and then be placed on the recall list per Article 12.
Appears in 1 contract
Samples: Collective Agreement
Layoff Recall. 12.1 (a) It is accepted that as a result of lack of work in a certain area, there will be layoff of junior employees as in Article 22 (a) and movement of employees to other jobs within the plant. When circumstances arise 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 may result this lack of work is due to a temporary recession in restructuring business or permanent when it is due to discontinuing a certain business.
(1) In the case of programs giving rise to possible Layoffsa temporary transfer or layoff, the parties will meet to negotiate possible solutions to avoid Layoffs, all other viable alternatives transferred employee's former rate will be undertaken before Layoffs are implemented. At this point in time when members are accessing their rights under Article 12, all positions will remain as is, and all new hires and posting of vacant positions shall be suspendedmaintained.
12.2 (2) In the event case of Xxxxxxa permanent internal layoff, the Employer transferred employee's former rate will first solicit voluntary Layoffs from among be maintained for a minimum of six weeks.
(d) In the job classifications affected. If voluntary Layoffs are not feasiblecase of a temporary reduction of forces in the bargaining unit, notice of Layoffs 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 reverse order 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 business to be a long-term or permanent one. At such time, those employees who have been transferred to other positions in the bargaining unit will be provided the opportunity to seek permanent positions through the normal lay-off procedure.
(e) In case of seniority 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 shall be told the status of the transfer (temporary or permanent) to assist the employee in evaluating his/her requesting the new position if this is possible within the Program Location’s job classification affectedprovisions of this Agreement.
12.3 When an Employee has received Layoff notice they will have (g) The last employee laid off shall be the option of:
a) being placed in the same or higher classification for any vacant position in Community Living Elgin (CLE) for which they possess the required qualifications and first recalled subject to his/her ability to perform the workjob available.
(h) When an employee is recalled from layoff, he/she shall report within seven (7) working days of notification of recall by the Company. Notification of recall shall be made by telephone. If two (2) or more people have relatively equivalent qualifications the Company is unable to contact the employee by telephone, the Union will be notified and ability a written notification shall be sent to perform the work, then seniority will apply or
b) displacing an Employee with less seniority in an equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work, or
c) accepting a temporary placement in a position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work; and at the end of the temporary placement shall maintain their bumping rights, or
d) if full-time, accepting placement in a vacant Regular Part Time position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the workhis/her last known address by registered mail.
e(i) upon notice If an employee fails to respond to the phone or registered letter, he/she will be presumed to have quit and will be terminated.
(j) All changes of xxxxxx, a jobs covered in this Article are subject to an employee's ability and efficiency on the job.
(k) The Company will not hire temporary employees while there are regular employees on lay-off to the street with general recall rights still in effect.
(l) An employee who has been laid off Employee will advise from, or "bumped" out of his/her classification and remains employed within the Employer in writing within 3 working days (per Article 7.4) bargaining unit shall retain recall rights to his/her former classification for the lesser of their decision. Failure to notify the Employer will be considered the employee’s decision to take a layoff and then be placed on the recall list per Article 1224 months or his/her seniority.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Recall. 12.1 When circumstances arise that may result in restructuring of programs giving rise to possible Layoffs, the parties will meet to negotiate possible solutions to avoid Layoffs, all other viable alternatives will be undertaken before Layoffs are implemented. At this point in time when members are accessing their rights under Article 12, all positions will remain as is, and all new hires and posting of vacant positions shall be suspended.
12.2 20.02.01 In the event of Xxxxxxthat it becomes necessary, the Employer will first solicit voluntary Layoffs from among the job classifications affected. If voluntary Layoffs are not feasible, notice of Layoffs will Employees shall be given laid-off in reverse order of seniority from within the Program Location’s job classification affectedassigned to that Employee. An Employee about to be laid off may displace an Employee with the least seniority in the Bargaining Unit providing the Employee exercising the right is qualified, skilled and has experience in accordance with the job description and providing the bumping procedure does not result in an increase in the Employee’s category classification nor shall the existing Employee have their current assignment increased.
12.3 20.02.02 When an Employee has received Layoff it is necessary to layoff Employees, the Employer shall provide the following working notice they will have in writing or pay in lieu thereof which is the option ofgreater of that required by the Employment Standards Act, or:
a) being placed in if the same or higher classification for any vacant position in Community Living Elgin Employee to be laid off has less than five (CLE5) for which they possess years of service - twenty-five (25) working days;
b) if the required qualifications and ability Employee to perform the work. If two be laid off has five (25) or more people have relatively equivalent qualifications and ability to perform the work, then seniority will apply or
byears but less than ten (10) displacing an Employee with less seniority in an equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work, oryears of service - thirty-five (35) working days;
c) accepting a temporary placement in a position if the Employee to be laid off has ten (10) or more years of equal or lower classification position in CLE service - sixty (60) working days.
20.02.03 If an Employee’s assigned time is reduced (i.e., from full-time to half-time) then the Employee shall be deemed to be laid-off for which they the reduced portion. Employees whose assigned time is to be reduced shall have the required qualifications provisions of Article 20.02.01 and ability 20.02.02 available to perform him/her.
20.02.04 Partially laid-off Employees shall have the work; and at same rights of recall as fully laid-off Employees including the end of the temporary placement shall maintain their bumping rights, or
d) if right to apply for a full-time, accepting placement in a vacant Regular Part Time position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the worktime vacancy.
e) upon notice of xxxxxx, a 20.02.05 An Employee who is laid off Employee will advise the Employer in writing within 3 working days (per Article 7.4) of their decision. Failure to notify the Employer will be considered the employee’s decision to take a layoff and then shall be placed on the recall list. Employees who are on the recall list per Article 12shall be maintained on that list until they are recalled or until two (2) years after the date of placement on the list or the length of seniority with the Board, whichever is the lesser.
20.02.06 Employees shall be recalled to positions for which they are qualified in order of seniority with the most senior qualified Employee being first recalled.
20.02.07 The Employee on recall shall inform the Employer of any changes in his/her address and//or qualifications.
20.02.08 No vacancy shall be filled from outside the Bargaining Unit jurisdiction while there are Professional Student Services Personnel on layoff who are qualified for the position.
Appears in 1 contract
Samples: Collective Agreement
Layoff Recall. 12.1 When circumstances arise that may result in restructuring of programs giving rise to possible Layoffs, the parties will meet to negotiate possible solutions to avoid Layoffs, all other viable alternatives will be undertaken before Layoffs are implemented. At this point in time when members are accessing their rights under Article 12, all positions will remain as is, and all new hires and posting of vacant positions shall be suspended.
12.2 20.02.01 In the event of Xxxxxxthat it becomes necessary, the Employer will first solicit voluntary Layoffs from among the job classifications affected. If voluntary Layoffs are not feasible, notice of Layoffs will Employees shall be given laid-off in reverse order of seniority from within the Program Location’s job classification affected.
12.3 When assigned to that Employee. An Employee about to be laid off may displace an Employee with the least seniority in the Bargaining Unit for which the Employee exercising the right is qualified, skilled and has received Layoff notice they will experience in accordance with the job description and providing the bumping procedure does not result in an increase in the Employee's category classification nor shall the existing Employee have the option oftheir current assignment increased as follows:
a) being placed in within a 60 kilometre radius of the same or higher classification for any vacant position in Community Living Elgin (CLE) for worksite from which they possess the required qualifications and ability to perform the work. If two (2) or more people have relatively equivalent qualifications and ability to perform the work, then employee of greater seniority will apply was laid off; or
b) displacing an Employee with less outside of a 60 kilometre radius of the worksite from which the employee of greater seniority was laid off.
20.02.02 When it is necessary to lay off Employees, the Employer shall provide the following working notice in an equal writing or lower classification position pay in CLE for lieu thereof which they have is the greater of that required qualifications and ability to perform by the workEmployment Standards Act, or:
a) if the Employee to be laid off has less than five (5) years of service - twenty- five (25) working days;
b) if the Employee to be laid off has five (5) or more years but less than ten (10) years of service - thirty-five (35) working days;
c) accepting a temporary placement in a position if the Employee to be laid off has ten (10) or more years of equal or lower classification position in CLE service - sixty (60) working days.
20.02.03 If an Employee's assigned time is reduced (i.e., from full-time to half- time) then the Employee shall be deemed to be laid-off for which they the reduced portion. Employees whose assigned time is to be reduced shall have the required qualifications provisions of Article 20.02.01 and ability 20.02.02 available to perform him/her.
20.02.04 Partially laid-off Employees shall have the work; and at same rights as fully laid-off Employees including the end of the temporary placement shall maintain their bumping rights, or
d) if right to apply for a full-time, accepting placement in a vacant Regular Part Time position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the worktime vacancy.
e) upon notice of xxxxxx, a 20.02.05 An Employee who is laid off Employee will advise the Employer in writing within 3 working days (per Article 7.4) of their decision. Failure to notify the Employer will be considered the employee’s decision to take a layoff and then shall be placed on the recall list. Employees who are on the recall list per shall be maintained on that list until the earliest date of two (2) years after the date of placement on the list or the length of seniority with the Board, whichever is the lesser, or until they obtain a permanent position within the bargaining unit.
20.02.06 Those Employees on the recall list must apply for any vacancies of interest to them and they will be considered with all other applicants in accordance with Article 125.
20.02.07 The Employee on recall shall inform the Employer of any changes in his/her address and/or qualifications.
20.02.08 An eligible employee who is on lay-off may continue to participate in the benefit plans applicable to the employee at the employee's sole expense. Such employee shall remit full premium costs monthly in advance to the Employer failing which benefit coverage for that employee shall be cancelled upon fourteen (14) days notice.
Appears in 1 contract
Samples: Collective Agreement
Layoff Recall. 12.1 When circumstances arise that may result in restructuring of programs giving rise to possible LayoffsA. If the Agency is combined with one or more districts, the parties Agency shall use its best efforts to assure the continued recognition of the Association and the continued employment of bargaining unit members in the consolidated district.
B. If the Agency institutes a reduction in staff or a reduction in hours, the Agency will meet retain, as nearly as possible, those employees in the classification being reduced having the longest continuous service in the Agency, and meeting the qualifications and ability necessary to negotiate possible solutions perform the work available, as defined in Article 14.
C. For layoff involving the termination of positions, the following procedure shall be followed:
1. The Employer shall identify the specific position(s) to avoid Layoffsbe eliminated and shall notify the employee(s) in those positions.
2. The employee(s) in the affected position(s) have the right to displace the least senior employee holding a position in the same classification as the affected employee, provided the affected employee has greater seniority and is qualified to perform the duties of the position held by the employee that he/she is displacing.
3. If a reduction in work hours occurs, an employee whose hours have been reduced may claim seniority over all other viable alternatives will employees for the purpose of maintaining his/her normal work schedule, provided he/she has greater seniority and is qualified to perform the work of the person he/she seeks to replace. The exception to this situation would be undertaken before Layoffs if all employees are implemented. At this point in time when members are accessing their rights under Article 12, all positions will remain as is, and all new hires and posting reduced by the same number of vacant positions shall be suspendedhours.
12.2 In the event of Xxxxxx, the Employer will first solicit voluntary Layoffs from among the job classifications affected. If voluntary Layoffs are not feasible, notice of Layoffs will be given in reverse order of seniority within the Program Location’s job classification affected.
12.3 When an Employee has received Layoff notice they will have the option of:
a) being placed If the work hours of the position that the more senior employee originally occupied are restored, that employee will be offered the option to be reinstated in his/her previous position.
4. In no case shall a new employee be employed by the Employer while there are laid-off bargaining unit employee(s) who are qualified for a vacant or newly created position.
D. An employee may be granted a voluntary leave of absence under Article 11 so as to reduce the number of layoffs. When the employee returns from leave of absence, all previously accrued seniority rights prevail again.
E. In no case shall a reduction of any bargaining unit employee’s work hours take effect until five (5) work days after written notice to the affected bargaining unit employee(s) is given by the Employer.
F. Laid-off employees may continue their health, dental, and vision insurance benefits as defined by the Consolidated Omnibus Reconciliation Act (COBRA) by paying the regular monthly subscriber group rate premium for such benefits as allowed by the insurance carrier.
G. Employees who are laid-off shall not have their length of service broken and other benefits shall be frozen for their use on return. A layoff of more than one (1) year shall be considered termination for lack of work.
H. When there is an increase in bargaining unit positions following a layoff or positions become available through natural attrition, leaves of absence, or creation of temporary positions, the laid-off employee with the most length of service in the same or higher classification for any vacant position seniority where the vacancy exists in Community Living Elgin (CLE) for which they possess the required Agency shall be the first to be offered re-employment. That recalled employee must have the qualifications and ability for the position to perform the workwhich he/she is recalled. If two (2) or more people have relatively equivalent qualifications and ability to perform the work, then seniority A vacancy will apply or
b) displacing an Employee with less seniority in an equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work, or
c) accepting not be posted when there is a temporary placement in a position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work; and at the end of the temporary placement shall maintain their bumping rights, or
d) if fulllaid-time, accepting placement in a vacant Regular Part Time position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the workoff employee where that vacancy exists.
eI. If a laid-off employee fails to accept the regular, permanent position to which he/she is recalled within ten (10) upon days from the date that notice is sent to his/her last known address by certified mail or email, that employee’s seniority and all other benefits with the Agency shall terminate.
J. It shall be the responsibility of xxxxxx, a laid off Employee will advise the Employer in writing within 3 working days (per Article 7.4) of their decision. Failure each bargaining unit employee to notify the Employer will be considered the employee’s decision to take a layoff and then be placed Agency of any change in address. The address as it appears on the recall list per Article 12Agency’s records shall be conclusive when used in connection with layoff, recall, or other notice to the employee who has been laid-off.
Appears in 1 contract
Samples: Master Agreement
Layoff Recall. 12.1 When circumstances arise that may result (a) Where the full-time complement is to be reduced in restructuring of programs giving rise to possible Layoffsa Home, the parties will meet to negotiate possible solutions to avoid Layoffs, all other viable alternatives will be undertaken before Layoffs are implemented. At this point in junior full- time when members are accessing their rights under Article 12, all positions will remain as is, and all new hires and posting of vacant positions nurse within the Home shall be suspendedgiven the notice of lay-off.
12.2 (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 of Xxxxxxa proposed lay-off that is anticipated to be greater than thirteen (13) weeks in duration, the Employer employer will first solicit voluntary Layoffs 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, 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 filled in the reverse manner to the lay- off. A full-time nurse shall be recalled to only full-time positions and a part- time nurse shall be recalled to only part-time positions.
(g) Where staffing levels are temporarily reduced as a result of a sudden or unexpected occasion or combination of events calling for immediate action (i.e. an emergency), such reductions will not be governed by this Article.
(h) The Region shall retain the responsibility and the right to determine the methods through which municipal services are provided. However, in the event that a regular nurse with three (3) years' service is displaced from among his job by technological change, the Region will take one or a combination of the following actions:
i) Relocate the nurse in another job classifications affected. in his area of competency, if such is available within the Region.
ii) If voluntary Layoffs are (a) is not feasiblepossible, but a position is available for which the nurse could be retrained within a period of six (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 Layoffs will be given in reverse order termination and provide him with a separation settlement of seniority within the Program Location’s job classification affectedone (1) week's salary per year of service.
12.3 When an Employee has received Layoff notice they iv) Should there be any introduction of new equipment, due to technological change when advanced training is necessary, the Region will have extend such training to the option of:
a) being placed senior nurses in the same classification involved, provided they are trainable.
11.02 No reduction in the hours of work for full-time nurses shall take place to prevent or higher classification for any vacant position in Community Living Elgin (CLE) for which they possess reduce the required qualifications and ability to perform impact of a lay-off without the work. If two (2) or more people have relatively equivalent qualifications and ability to perform the work, then seniority will apply or
b) displacing an Employee with less seniority in an equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work, or
c) accepting a temporary placement in a position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work; and at the end consent of the temporary placement shall maintain their bumping rights, or
d) if full-time, accepting placement Union such consent will not be unreasonably withheld when it is shown to be in a vacant Regular Part Time position the best interest of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the workresidents.
e) upon notice of xxxxxx, a laid off Employee will advise the Employer in writing within 3 working days (per Article 7.4) of their decision. Failure to notify the Employer will be considered the employee’s decision to take a layoff and then be placed on the recall list per Article 12.
Appears in 1 contract
Samples: Collective Agreement
Layoff Recall. 12.1 When circumstances arise that may result (a) Where the full-time complement is to be reduced in restructuring of programs giving rise to possible Layoffsthe Home, the parties will meet to negotiate possible solutions to avoid Layoffs, all other viable alternatives will be undertaken before Layoffs are implemented. At this point in junior full-time when members are accessing their rights under Article 12, all positions will remain as is, and all new hires and posting of vacant positions nurse within the Home shall be suspendedgiven the notice of lay-off.
12.2 (b) Where the part-time complement is to be reduced in the Home, the junior part-time nurse within the 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 part-time nurse in the Home, provided the displaced full-time nurse has greater seniority.
(d) In the event of Xxxxxxa proposed lay-off that is anticipated to be greater than thirteen (13) weeks in duration, the Employer employer will first solicit voluntary Layoffs from among provide the job classifications affectednurses affected and the Union with ninety (90) calendar days of notice. If voluntary Layoffs are not feasibleDuring the period between the notice and the effective date of the lay-off, notice the employer will meet with the Union. Any written agreement between the employer and the Union will take precedence over the terms of Layoffs this Article.
(e) In the event of recall, positions will be given filled in the reverse order of seniority within manner to the Program Location’s job classification affectedlay-off. A full-time nurse shall be recalled to only full-time positions and a part-time nurse shall be recalled to only part-time positions.
12.3 When (f) Where staffing levels are temporarily reduced as a result of a sudden or unexpected occasion or combination of events calling for immediate action (i.e. an Employee has received Layoff notice they emergency), such reductions will have not be governed by this Article.
(g) The Region shall retain the option of:
a) being placed responsibility and the right to determine the methods through which municipal services are provided. However, in the same event that a regular nurse with three (3) years' service is displaced from his job by technological change, the Region will take one or higher classification for any a combination of the following actions
i) The nurse may opt to fill a vacant position in Community Living Elgin (CLE) position, for which they possess the required qualifications and ability she is qualified to perform the work. duties of, that has been posted via Article 10, and unfilled within the ONA bargaining unit.
ii) If two (2a) or more people have relatively equivalent qualifications and ability to perform the workis not possible, then seniority will apply or
b) displacing an Employee with less seniority in an equal or lower classification but a position in CLE is available for which they have the required qualifications nurse could be retrained within a period of four (4) months, the Region will facilitate such retraining.
iii) If (i) is not available, and ability it is necessary to perform terminate the work, or
c) accepting a temporary placement in a position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work; and at the end employment of the temporary placement shall maintain their bumping rightsnurse, orprovide her with six (6) month’s notice of termination, or pay in lieu of such notice, and provide her with a separation settlement of one (1) week’s salary per year of service.
div) if Should there be any introduction of new equipment, due to technological change when advanced training is necessary, the Region will extend such training to the nurses in the classification involved, provided they are trainable.
11.02 No reduction in the hours of work for full-time, accepting placement time nurses shall take place to prevent or reduce the impact of a lay-off without the consent of the Union and such consent will not be unreasonably withheld when it is shown to be in a vacant Regular Part Time position the best interest of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the workresidents.
e) upon notice of xxxxxx, a laid off Employee will advise the Employer in writing within 3 working days (per Article 7.4) of their decision. Failure to notify the Employer will be considered the employee’s decision to take a layoff and then be placed on the recall list per Article 12.
Appears in 1 contract
Samples: Collective Agreement
Layoff Recall. 12.1 When circumstances arise that may result in restructuring of programs giving rise to possible Layoffs, the parties will meet to negotiate possible solutions to avoid Layoffs, all other viable alternatives will be undertaken before Layoffs are implemented. At this point in time when members are accessing their rights under Article 12, all positions will remain as is, and all new hires and posting of vacant positions shall be suspended.
12.2 26:01 In the event of Xxxxxxa permanent work force reduction, the Employer shall advise the Union at least one hundred and twenty (120) days prior to the reductions. The notice will outline the reasons for the workforce reduction, the location and the number of employees affected.
26:02 Employees, subject to a permanent workforce reduction described in Article 26:01; or subject to indefinite layoff, will be advised no less than ninety (90) days prior to the date of layoff.
26:03 A joint Union-Management committee shall be established to consider possible alternatives, including attrition, to a workforce reduction and to consult on the relocation process to be provided to affected employees and on the application of this Article. This committee shall meet during the thirty (30) days following the notice prescribed in clause 26:01 and, where necessary, during the ninety (90) days’ notice prescribed in clause 26:02.
26:04 Prior to implementing lay-offs, the Employer will first solicit consider offering employees voluntary Layoffs from among severance in accordance with Article 27, if:
(a) the job classifications affected. If employee waives the right to recall; and
(b) the voluntary Layoffs are not feasible, notice severance would avoid the lay-off of Layoffs will be given in reverse order of seniority within the Program Location’s job classification affectedanother employee.
12.3 When 26:05 Employees subject to layoff for an Employee has received Layoff notice they will indefinite period shall:
(a) during the ninety (90) days period of notice, be granted reasonable leave with pay for the purpose of being interviewed and examined by a prospective employer and such additional leave with pay as the Employer considers
(b) be provided with a job search assistance program and counselling services co-ordinated by the Employer.
26:06 Employees subject to layoff for an indefinite period shall have the option of:
(a) being placed in accepting layoff and retaining the same right of recall for up to one (1) year; or
(b) accepting termination from the Employer and waiving the right of recall by accepting severance pay; or
(c) accepting an offer of assignment or higher classification for appointment to any vacant position in Community Living Elgin (CLE) for which they possess at the required qualifications and same classification level, or any vacant position of a lower classification if there is no vacant position at the same classification, within the bargaining unit, providing such employee has the ability to perform the workrequired key elements of the vacant job or may qualify within a reasonable training period to be determined by the Employer not to exceed three (3) months. If two An employee who refuses to be assigned or appointed shall be subject to lay-off in accordance with the remaining provisions of this Article.
(2d) displacing an employee with less service in any equivalent or more people have relatively lower rated position formerly held by the employee subject to layoff, providing such employee has the threshold ability to immediately perform the job; or
(e) displacing an employee with less service in any equivalent qualifications and or lower rated position within the employee’s classification group, providing such employee has the ability to perform the work, then seniority will apply or
b) displacing an Employee with less seniority in an equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work, or
c) accepting a temporary placement in a position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work; and at the end key elements of the temporary placement shall maintain their bumping rights, or
d) if full-time, accepting placement in job or may qualify within a vacant Regular Part Time position of equal or lower classification position in CLE for which they have the required qualifications and ability training period to perform the work.
e) upon notice of xxxxxx, a laid off Employee will advise be determined by the Employer in writing within 3 working days (per Article 7.4) of their decision. Failure not to notify the Employer will be considered the employee’s decision to take a layoff and then be placed on the recall list per Article 12.exceed three
Appears in 1 contract
Samples: Collective Agreement
Layoff Recall. 12.1 (a) It is accepted that as a result of lack of work in a certain area, there will be layoff of junior employees as in Article 22 (a) and movement of employees to other jobs within the plant. When circumstances arise 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 may result this lack of work is due to a temporary recession in restructuring business or permanent when it is due to discontinuing a certain business.
(1) In the case of programs giving rise to possible Layoffsa temporary transfer or layoff, the parties will meet to negotiate possible solutions to avoid Layoffs, all other viable alternatives transferred employee's former rate will be undertaken before Layoffs are implemented. At this point in time when members are accessing their rights under Article 12, all positions will remain as is, and all new hires and posting of vacant positions shall be suspendedmaintained.
12.2 (2) In the event case of Xxxxxxa permanent internal layoff, the Employer transferred employee's former rate will first solicit voluntary Layoffs from among be maintained for a minimum of six weeks.
(d) In the job classifications affected. If voluntary Layoffs are not feasiblecase of a temporary reduction of forces in the bargaining unit, notice of Layoffs 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 reverse order 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 business to be a long-term or permanent one. At such time, those employees who have been transferred to other positions in the bargaining unit will be provided the opportunity to seek permanent positions through the normal lay-off procedure.
(e) In case of seniority 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 shall be told the status of the transfer (temporary or permanent) to assist the employee in evaluating his/her requesting the new position if this is possible within the Program Location’s job classification affectedprovisions of this Agreement.
12.3 When an Employee has received Layoff notice they will have (g) The last employee laid off shall be the option of:
a) being placed in the same or higher classification for any vacant position in Community Living Elgin (CLE) for which they possess the required qualifications and first recalled to his/her ability to perform the workjob available.
(h) When an employee is recalled from layoff, he/she shall report within seven (7) working days of notification of recall by the Company. Notification of recall shall be made by telephone. If two (2) or more people have relatively equivalent qualifications the Company is unable to contact the employee by telephone, the Union will be notified and ability a written notification shall be sent to perform the work, then seniority will apply or
b) displacing an Employee with less seniority in an equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work, or
c) accepting a temporary placement in a position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work; and at the end of the temporary placement shall maintain their bumping rights, or
d) if full-time, accepting placement in a vacant Regular Part Time position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the workhis/her last known address by registered mail.
e(i) upon notice If an employee fails to respond to the phone or registered letter, he/she will be presumed to have quit and will be terminated.
(j) All changes of xxxxxx, a jobs covered in this Article are subject to an employee's ability and efficiency on the job.
(k) The Company will not hire temporary employees while there are regular employees on lay-off to the street with general recall rights still in effect.
(l) An employee who has been laid off Employee will advise from, or "bumped" out of his/her classification and remains employed within the Employer in writing within 3 working days (per Article 7.4) bargaining unit shall retain recall rights to his/her former classification for the lesser of their decision. Failure to notify the Employer will be considered the employee’s decision to take a layoff and then be placed on the recall list per Article 1224 months or his/her seniority.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Recall. 12.1 When circumstances arise that may result in restructuring of programs giving rise to possible Layoffs, the parties will meet to negotiate possible solutions to avoid Layoffs, all other viable alternatives will be undertaken before Layoffs are implemented. At this point in time when members are accessing their rights under Article 12, all positions will remain as is, and all new hires and posting of vacant positions shall be suspended.
12.2 26:01 In the event of Xxxxxxa permanent work force reduction, the Employer shall advise the Union at least one hundred and twenty (120) days prior to the reductions. The notice will outline the reasons for the workforce reduction, the location and the number of employees affected.
26:02 Employees, subject to a permanent workforce reduction described in Article 26:01; or subject to indefinite layoff, will be advised no less than ninety (90) days prior to the date of layoff.
26:03 A joint Union-Management committee shall be established to consider possible alternatives, including attrition, to a workforce reduction and to consult on the relocation process to be provided to affected employees and on the application of this Article. This committee shall meet during the thirty (30) days following the notice prescribed in clause 26:01 and, where necessary, during the ninety (90) days’ notice prescribed in clause 26:02.
26:04 Prior to implementing lay-offs, the Employer will first solicit consider offering employees voluntary Layoffs from among severance in accordance with Article 27, if:
(a) the job classifications affected. If employee waives the right to recall; and
(b) the voluntary Layoffs are not feasible, notice severance would avoid the lay-off of Layoffs will be given in reverse order of seniority within the Program Location’s job classification affectedanother employee.
12.3 When 26:05 Employees subject to layoff for an Employee has received Layoff notice they will indefinite period shall:
(a) during the ninety (90) days period of notice, be granted reasonable leave with pay for the purpose of being interviewed and examined by a prospective employer and such additional leave with pay as the Employer considers reasonable for related travel; and
(b) be provided with a job search assistance program and counselling services co-ordinated by the Employer.
26:06 Employees subject to layoff for an indefinite period shall have the option of:
(a) being placed in accepting layoff and retaining the same right of recall for up to one (1) year; or
(b) accepting termination from the Employer and waiving the right of recall by accepting severance pay; or
(c) accepting an offer of assignment or higher classification for appointment to any vacant position in Community Living Elgin (CLE) for which they possess at the required qualifications and same classification level, or any vacant position of a lower classification if there is no vacant position at the same classification, within the bargaining unit, providing such employee has the ability to perform the workrequired key elements of the vacant job or may qualify within a reasonable training period to be determined by the Employer not to exceed three (3) months. If An employee who refuses to be assigned or appointed shall be subject to lay-off in accordance with the remaining provisions of this Article.
(d) displacing an employee with less service in any equivalent or lower rated position formerly held by the employee subject to layoff, providing such employee has the threshold ability to immediately perform the job; or
(e) displacing an employee with less service in any equivalent or lower rated position within the employee’s classification group, providing such employee has the ability to perform the required key elements of the job or may qualify within a training period to be determined by the Employer not to exceed three (3) months; or
(f) displacing an employee with less service in any equivalent or lower rated position providing such employee has the ability to perform the required key elements of the job or may qualify within a training period to be determined by the Employer not to exceed three (3) months and is unable to exercise rights under clause 26:06 (c) and (d).
(g) the employee shall notify the Employer in writing within two (2) or more people have relatively equivalent qualifications weeks of notice of permanent/indefinite layoff of the decision to displace another employee respecting paragraphs (d), (e) and ability (f) above. The two (2) week notice period shall be appropriately extended in the case of an employee who is on vacation. The training period referred to perform in this Article, to be determined by the workEmployer, then seniority will apply or
shall be extended up to one (1) additional month where circumstances warrant. Where an employee fails to give written notice of his intention to bump within the two (2) week period, the employee shall relinquish the right to bump and shall make their election under clause (a), (b) displacing or (c), if applicable, above.
26:07 Employees who are displaced will become subject to the provisions of this Article, provided that notice given under Article 26:02 to employees in the first instance shall be deemed to have also been given to employees ultimately displaced. In no case will an Employee with employee subject to layoff be given less seniority than sixty (60) days’ notice of layoff or pay in lieu.
(a) Employees affected by the reduction who are appointed to a lower rated position pursuant to clause 26:06 shall continue to be paid in the same range of rates prescribed for their position prior to the reduction. Subject to 26:08 (b) an equal employee shall continue to receive salary increments and negotiated salary increases as if they had not been involved in the reduction.
(b) An employee identified in 26:08(a) who refuses assignment to an indeterminate position rated the same as or lower higher than their prior classification position in CLE and for which they have the required qualifications and ability to perform employee is qualified shall no longer be paid in accordance with 26:08(a). Instead, the work, or
c) accepting a temporary placement in a position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work; and employee shall be immediately paid at the end rate of pay for the reclassified position.
26:09 The Employer shall review the use of temporary placement and term employees, and where practicable, shall maintain their bumping rights, or
d) not renew the employment of such employees if fullqualified surplus employees or laid-time, accepting placement in a vacant Regular Part Time position of equal or lower classification position in CLE for which they have the required qualifications and ability to off persons can satisfactorily perform the work.
e26:10 Employees who are subject to layoff shall be given a preference for appointment to any vacant or newly created position within the ninety (90) upon notice of xxxxxx, a laid off Employee will advise day period in clause 26:01 for which the Employer in writing employee is qualified to perform the work or could qualify within 3 working days (per Article 7.4) of their decision. Failure to notify the Employer will be considered the employee’s decision to take a layoff and then be placed on the recall list per Article 12.ninety
Appears in 1 contract
Samples: Collective Agreement
Layoff Recall. 12.1 8.1.1 When circumstances arise that may result in restructuring create the potential for the elimination or reduction of programs giving rise to possible Layoffswork and subsequent reduction of bargaining unit positions, the parties Employer, Union, and the Labor-Management Collaborative (L-MC) will meet to negotiate possible solutions explore options to avoid Layoffs, all other viable alternatives will be undertaken before Layoffs are implemented. At this point in time when members are accessing their rights under Article 12, all positions will remain as is, and all new hires and posting the layoff of vacant positions shall be suspendedcurrent members.
12.2 In 8.1.2 If the event Employer determines that the elimination or reduction of Xxxxxxwork is unavoidable, the Employer will first solicit voluntary Layoffs from among the job classifications affected. If voluntary Layoffs are not feasible, notice of Layoffs determine which position(s) will be given eliminated. The Employer will notify the Union in reverse order writing of seniority within its contemplated action at least one (1) business day prior to contacting affected members to arrange a meeting with them. Within four (4) working days following union notification the Program Location’s job classification affected.
12.3 When an Employee has received Layoff notice they employer will have meet with each member whose position is being eliminated. Members will be allowed Union representation at this meeting if requested. The Employer will also meet with the option of:
aUnion during these four (4) being placed days to discuss the implementation of the process described in the same or higher classification for any vacant position in Community Living Elgin (CLE) for which they possess the required qualifications and ability remainder of this Article. The employer will give a written notification of layoff to perform the work. If affected members within two (2) working days of this initial meeting. The effective date of the layoff will be not less than 25 working days from the date of written notification of layoff to the member. During this 25 day window the Employer will meet with the Union to explore possibilities for reassignment that may mitigate the layoff. At their option, affected members will have the opportunity to participate in these discussions at applicable points.
8.1.3 The Employer shall maintain and use a master seniority list. The master seniority list shall contain the names of all full-time employees along with their date of hire, and position title.
8.1.4 When one or more people have relatively equivalent qualifications bargaining unit positions are eliminated and ability members receive layoff notification, the following order of work reduction shall apply:
1. Any temporary or contracted service employee doing bargaining unit work will be terminated prior to perform the work, then seniority will apply or
b) displacing an Employee with less seniority in an equal or lower classification position in CLE for which they layoff of a regular bargaining unit employee provided the Employer determines that the remaining employees have the required qualifications and ability to perform the work, or
c) accepting a temporary placement in a position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work; and at the end of the temporary placement shall maintain their bumping rights, or
d) if full-time, accepting placement in a vacant Regular Part Time position of equal or lower classification position in CLE for which they have the required qualifications and present ability to perform the work.
e2. The most senior employee in the position to be reduced who requests a voluntary layoff shall have the request granted. The layoff shall extend for the lesser of five (5) upon notice years or until the employee is recalled. If recalled and the member declines the recall, the member has voluntarily quit.
3. Probationary bargaining unit employees in the position to be reduced will be terminated prior to the layoff of xxxxxxa seniority employee.
4. If no employee in the position to be reduced requests a voluntary layoff, and probationary employee(s) have been terminated pursuant to Paragraph 3 above, the employee with the least seniority in the position to be reduced will be the first subject to the layoff process.
5. An affected employee may initiate a bumping procedure as follows: first into a position held by the least senior bargaining unit employee at the same pay classification (level of grade or track), or if such position does not exist, next to a position held by the least senior bargaining unit employee at a higher pay classification (level of grade or track) and last to the position held by the least senior bargaining unit employee in the next lower pay classification. Affected Members will have the opportunity to participate in discussions with the employer regarding their status and qualifications with respect to bumping or reassignment to other work. In any case, the Employer retains the right to determine whether the affected employee has the required qualifications for the position and the ability to do the work. The Union may appeal administration’s denial to allow an employee to bump into a position as a result of layoff starting at Step 3, Written Appeal of the Formal Grievance Procedure (subsection 6.3.3).
6. This process will continue until such time as the employee with the least seniority in the bargaining unit is laid off Employee will advise or the Employer has determined that the laid off employee is not qualified or does not have the ability to perform the work of any position held by another employee with less seniority.
8.1.5 When an opening occurs, an employee on layoff shall, during the period of two (2) years from the date of his/her layoff, be eligible for recall to said opening, provided that the Employer determines that he/she has the qualifications and the ability to do the work for the open position. If the Employer determines that two or more employees on layoff are equally qualified and have the ability to do the work for the job opening, the most senior employee shall be offered the position first. All rights to recall shall terminate upon expiration of two (2) calendar years from the date of layoff.
8.1.6 The recall of laid off employees will be in inverse order of layoff. The laid off employee will be notified by registered letter to the latest address listed on the employer's records. A copy of such notice will also be mailed to the Union. If said employee fails to respond in writing within 3 working ten (10) calendar days (from the date the return receipt is received by the employer, the next eligible laid off bargaining unit member will be notified as per Article 7.4) the above steps.
8.1.7 When an opening in a bargaining unit position occurs, the laid off employees shall be recalled in inverse order of their decision. Failure to notify layoff, provided the Employer will be considered determines that said employee has the employee’s decision qualifications and ability to take a layoff and then be placed on do the work. Each employee shall have recall list per Article 12rights for no more than two (2) years from the date the employee was laid off.
8.1.8 Employees who are laid off pursuant to subsections 8.1.1 and
Appears in 1 contract
Samples: Collective Bargaining Agreement