Common use of Layoff Recall Clause in Contracts

Layoff Recall. a. Subject to the provisions below, in cases of layoff and recall, normally the employee or employees with the least total service in the affected classification(s) will be laid-off first; and recalled on the basis of greatest length of total service in the affected classification(s). b. Employees with the greatest length of service in a department whose classifications are to be affected by a layoff may, to avoid a layoff, bump laterally or downward into another classification within the same department, provided he/she is qualified to perform the duties and responsibilities of the other classification, and provided further that the employee affected by the bumping has less departmental seniority. Under no circumstances shall this clause be interpreted or applied to provide for upward bumping rights. For purposes of this clause a “division” of the Utility department or the Community Services department shall be deemed to be a “department”. c. If an employee subject to layoff cannot bump within their department, and if that employee has held a permanent position in another department, he/she may bump into a vacant position of that classification in the department or bump an employee in that classification in the department with less City seniority, providing he/she has the skills and abilities to perform the current duties and responsibilities of the position and meets the current qualification requirements. d. When, in the judgment and discretion of the City, an employee with lesser seniority has critical skills and abilities required by the City under the circumstances, then the City may retain and/or reclassify such employees even though it means laying off or failing to recall employees with greater seniority. ”Critical skills” shall mean those skills, which cannot be acquired by a typical employee within a thirty-day period. e. All efforts will be made by the City to give 30 days-notice prior to the effective date of layoff.

Appears in 7 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

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Layoff Recall. a. Subject to the provisions below, in cases of layoff and recall, normally the employee or employees with the least total service in the affected classification(s) will be laid-off first; and recalled on the basis of greatest length of total service in the affected classification(s). b. Employees with the greatest length of service in a department whose classifications are to be affected by a layoff may, to avoid a layoff, bump laterally or downward into another classification within the same department, provided he/she is qualified to perform the duties and responsibilities of the other classification, and provided further that the employee affected by the bumping has less departmental seniority. Under no circumstances shall this clause be interpreted or applied to provide for upward bumping rights. For purposes of this clause a “division” of the Utility department or the Community Services department shall be deemed to be a department”. c. If an employee subject to layoff cannot bump within their department, and if that employee has held a permanent position in another department, he/she may bump into a vacant position of that classification in the department or bump an employee in that classification in the department with less City seniority, providing he/she has the skills and abilities to perform the current duties and responsibilities of the position and meets the current qualification requirements. d. When, in the judgment and discretion of the City, an employee with lesser seniority has critical skills and abilities required by the City under the circumstances, then the City may retain and/or reclassify such employees even though it means laying off or failing to recall employees with greater seniority. ”Critical skills” shall mean those skills, which cannot be acquired by a typical employee within a thirty-day period. e. All efforts will be made by the City to give 30 days-days notice prior to the effective date of layoff.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Layoff Recall. a. Subject to In the provisions belowevent of the following procedure will be followed: Probationary employees will be laid off then, in cases of layoff and recall, normally the employee or employees with the least total service Employees in the affected classification(s) will be laidreverse order of their bargaining unit-off first; and recalled on wide seniority. It is understood that the basis remaining employees as outlined above must have the ability to perform the normal requirements of greatest length of total service in the affected classification(s). b. Employees with the greatest length of service in a department whose classifications remaining jobs. The Employer shall employees who are to be affected by a layoff may, to avoid a layoff, bump laterally or downward into another classification within the same department, provided he/she is qualified to perform the duties and responsibilities of the other classification, and provided further that the employee affected by the bumping has less departmental seniority. Under no circumstances shall this clause be interpreted or applied to provide for upward bumping rights. For purposes of this clause a “division” of the Utility department or the Community Services department shall be deemed to be a “department”. c. If an employee subject to layoff cannot bump within their department, and if that employee has held a permanent position in another department, he/she may bump into a vacant position of that classification in the department or bump an employee in that classification in the department with less City seniority, providing he/she has the skills and abilities to perform the current duties and responsibilities of the position and meets the current qualification requirements. d. When, in the judgment and discretion of the City, an employee with lesser seniority has critical skills and abilities required by the City under the circumstances, then the City may retain and/or reclassify such employees even though it means laying laid off or failing to recall employees with greater seniority. ”Critical skills” shall mean those skills, which cannot be acquired by a typical employee within a thirty-day period. e. All efforts will be made by the City to give 30 days-notice 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 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, Senior employees whosejob is not would have the right to displacejunior employees in the same Department first, then bargaining unit, provided they have the skills and qualification. Employees shall be recalled in the order of their Bargaining Unit seniority, then in their Department where jobs become available, provided they have the ability to perform such jobs following a reasonable triai or training period. The Employer shall give notice of by registered mail to the last recorded address of employee. The employee shall the Employer advised at all times of a current address. No new employee be hired those laid off have been given the of recall. Laid off employees who wish to be notified of job vacancies other those to which they have recall rights may signify their desire in writing prior to layoff 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 altered or amended without discussion with the Union.

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. a. Subject to A. In the provisions belowevent of a layoff, in cases of layoff and recall, normally the employee or employees with the least total service in the affected classification(s) will shall be laid-laid off first; and recalled on the basis of greatest length of total service in the affected classification(s). b. Employees with the greatest length of service in a department whose classifications are to be affected by a layoff may, to avoid a layoff, bump laterally or downward into another classification within the same departmentinverse seniority, provided he/she is qualified the employee possesses the demonstrated abilities to perform the duties and responsibilities as required to carry out the mission of the other classification, and provided further that the employee affected by the bumping has less departmental seniority. Under no circumstances shall this clause be interpreted or applied to provide for upward bumping rightsDepartment. For purposes of administering this clause Article, seniority is defined as the length of an employee's continuous service in a “division” classification since the last date of the Utility department or the Community Services department shall be deemed hire in that classification. B. Any bargaining unit employee who is to be laid off who had advanced to his/her present classification from a “department”. c. If an employee subject to layoff cannot bump lower classification within their department, and if that employee has held a permanent position the bargaining unit in another department, which he/she may bump into held a vacant regular appointment shall be offered a position of that classification in the department or bump an employee lower classification. Seniority for the purpose of bumping to the lower classification shall be the aggregate of the bargaining unit employee’s seniority in the lower classification and all higher classifications. C. No new employees shall be hired in a classification until all employees on layoff status in that classification have had an opportunity to return to work. Layoff status shall not extend beyond 24 months. Employees will be called back from layoff in the department with less City seniority, providing he/she has inverse order of layoff provided the skills and employee possesses the demonstrated abilities to perform the current duties as required. Employees must pass classification, appropriate screening and responsibilities testing as part of the position and meets the current qualification requirementsrecall process. d. WhenD. When recall occurs, the City will notify the employee through registered mail. The employee is obligated to keep the City informed of their current address. An employee on layoff status shall accept or decline an opening within seven (7) days of notification. The employee shall be available to return to work within fourteen (14) calendar days of notifying the City of their intent to return to work. An employee’s denial or acceptance of the recall shall be conveyed in writing. In the event the employee declines or fails to notify the City in the judgment and discretion of the Cityabove specified time, an employee with lesser seniority has critical skills and abilities required by the City under the circumstances, then the City may retain and/or reclassify such employees even though it means laying off or failing to all recall employees with greater seniority. ”Critical skills” shall mean those skills, which cannot be acquired by a typical employee within a thirty-day period. e. All efforts rights will be made by the City to give 30 days-notice prior to the effective date of layoffwaived.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Layoff Recall. a. Subject to the provisions below, in cases of layoff and recall, normally the employee or employees with the least total service in the affected classification(s) will be laid-off first; and recalled on the basis of greatest length of total service in the affected classification(s). b. Employees with the greatest length of service in a department whose classifications are to be affected by a layoff may, to avoid a layoff, bump laterally or downward into another classification within the same department, provided he/she is qualified to perform the duties and responsibilities of the other classification, and provided further that the employee affected by the bumping has less departmental seniority. Under no circumstances shall this clause be interpreted or applied to provide for upward bumping rights. For purposes of this clause a “division” of the Utility department or the Community Services department shall be deemed to be a department”. c. If an employee subject to layoff cannot bump within their department, and if that employee has held a permanent position in another department, he/she may bump into a vacant position of that classification in the department or bump an employee in that classification in the department with less City seniority, providing he/she has the skills and abilities to perform the current duties and responsibilities of the position and meets the current qualification requirements.she d. When, in the judgment and discretion of the City, an employee with lesser seniority has critical skills and abilities required by the City under the circumstances, then the City may retain and/or reclassify such employees even though it means laying off or failing to recall employees with greater seniority. ”Critical skills” shall mean those skills, which cannot be acquired by a typical employee within a thirty-day period. e. All efforts will be made by the City to give 30 days-days notice prior to the effective date of layoff.

Appears in 1 contract

Samples: Memorandum of Understanding

Layoff Recall. a. Subject to the provisions below, in cases of layoff and recall, normally the employee or employees with the least total service in the affected classification(s) will be laid-off first; and recalled on the basis of greatest length of total service in the affected classification(s). b. Employees with the greatest length of service in a department whose classifications are to be affected by a layoff may, to avoid a layoff, bump laterally or downward into another classification within the same department, provided he/she is qualified to perform the duties and responsibilities of the other classification, and provided further that the employee affected by the bumping has less departmental seniority. Under no circumstances shall this clause be interpreted or applied to provide for upward bumping rights. For purposes of this clause a “division” of the Utility department or the Community Services department shall be deemed to be a “department”. c. If an employee subject to layoff cannot bump within their department, and if that employee has held a permanent position in another department, he/she may bump into a vacant position of that classification in the department or bump an employee in that classification in the department with less City seniority, providing he/she has the skills and abilities to perform the current duties and responsibilities of the position and meets the current qualification requirements. d. When, in the judgment and discretion of the City, an employee with lesser seniority has critical skills and abilities required by the City under the circumstances, then the City may retain and/or reclassify such employees even though it means laying off or failing to recall employees with greater seniority. ”Critical skills” shall mean those skills, which cannot be acquired by a typical employee within a thirty-day period. e. All efforts will be made by the City to give 30 days-days notice prior to the effective date of layoff.

Appears in 1 contract

Samples: Memorandum of Understanding

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