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Common use of Layoff Clause in Contracts

Layoff. It is agreed that there will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoff. It is agreed that If there will are changes of duties in the organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall be no permanent layoffs, save and except as set out below. Prior laid off prior to effecting layoffs the layoff of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employee. An employee shall be given notice of a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before the effective date. Notice of the layoff will be given to the Local Union President, or recurring designee, and to the employee. Employees shall be laid off in a division in the inverse order of their bargaining unit seniority within the job description affected by the layoff. The City Manager shall first make every reasonable effort to integrate those employees into another position by transfer or consider alternatives to layoff by the Union. Within individual division, a bargaining unit employee scheduled for layoff may bump the least senior employee at the same or lower salary range occupying a position the employee previously held in the employee’s present department. An employee wishing to bump must exercise his or her right within five (5) calendar days from the date he or she receives his or her layoff notice. To bump to the position, the University employee must have completed probation in the position they are bumping to. A bump will take only be allowed if the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks employee is still able to perform the essential functions of the determination that there job and has all the qualifications presented in the job description. In the event an employee does not currently have the relevant certification/license, the employee is a need still eligible to reduce exercise this bumping right provided the pertinent certification/license is and can be obtained within six (6) months. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who that is leaving or has left the work place whose work could be done by bumped will not have a qualified employee who otherwise right to bump and will be laid off. Such employee will be placed When layoffs occur in the a part-time position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a shortpart-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more time seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced applied to the same full- time position in up to three (3) monthsthe department. This means a part-time employee cannot bump a full-time employee under any circumstances.

Appears in 4 contracts

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

Layoff. It ‌ An Appointing Authority may layoff a teacher by reason of abolition of the position, shortage of work or funds, or other reasons outside the teacher’s control which do not reflect discredit on the service of the teacher. A. For a full-time, unlimited teacher, a layoff occurs when their hours of work are reduced for a period longer than ten (10) consecutive working days. In addition any reduction in hours of a part-time, unlimited teacher, except for intermittents, which would place the teacher outside the bargaining unit shall constitute a layoff. B. If the Appointing Authority determines that a layoff is agreed that there will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employeeoccur, the University Appointing Authority will take make every effort to execute the layoff date in a timely manner that would allow the teacher to seek employment in another educational system. C. In the event of layoff, the Appointing Authority at the seniority unit shall determine the subject area(s) and employment condition(s) (i.e., full-time unlimited, part-time unlimited, intermittent, seasonal full-time, seasonal part-time) in which reduction is to be made. D. The least senior teacher assigned to the affected subject matter area, seniority unit and employment condition shall be given notice of layoff. The Appointing Authority shall provide written notice to the teacher and the designated Association representative at least thirty (30) working days, whenever practicable, but at least twenty-one (21) days prior to the effective date of the layoff. The notice shall state the reason for layoff, the effective date of layoff, and the estimated length of the layoff period. E. A teacher notified of layoff may bump another, less senior teacher in the same seniority unit in the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7.order: 1. Within two If the teacher has seniority in other subject area(s), they may bump (displace) the least senior teacher with the same employment condition who is assigned to a subject area in which the bumping teacher has seniority. If this option is not available, then the teacher may proceed to #2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore knownIf the teacher has seniority in the same or other subject area(s), upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee they may bump (displace) the least senior teacher with a different employment condition who is leaving or assigned to a subject area in which the bumping teacher has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the positionseniority. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or F. A more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will senior teacher may be laid off out of seniority order upon their request and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% with the approval of normal wagesthe Appointing Authority. 5. If after having explored G. At the above stepsdiscretion of the Appointing Authority, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with teacher under notice of layoff.permanent layoff may be granted transition leave under Article 18, Leaves of Absence, Section 4K. 6. An employee H. A teacher who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be been permanently laid off and will receive the remainder of notice of layoff in lieumay be entitled to insurance under Article 22, plus their Insurance, Section 3.D.1., Special Eligibility - Teachers on Layoff, and/or severance entitlementpay under Article 28, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsSeverance Pay.

Appears in 4 contracts

Samples: Labor Agreement, Labor Agreement, Labor Agreement

Layoff. It is agreed (a) In the event of a layoff within a job classification in one department, probationary Employees within that there will job classification in one department shall be no permanent layoffs, save and except as set out belowlaid off first without regard to their individual periods of employment. Prior Non-probationary Employees shall be the next to effecting layoffs be laid off on the basis of any regular or recurring employee, their bargaining unit seniority within the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7affected job classification within one department. 1(b) In the event an Employee is scheduled to be laid off in one department and there exists a vacant position in another department which the Employee has the skill and the ability to perform, bargaining unit seniority within the affected job classification shall prevail in assigning such Employees to be laid off to such vacant jobs. Within two (2) weeks of This provision is not intended to circumvent the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionsarticle on promotions. 2. The Parties will explore known(c) In the event a position is eliminated and the affected employee is not the least senior employee in his/her classification, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in assigned to the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved position held by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified same classification and department, provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee he/she has the minimum required qualifications (as defined in Article 18.2) skill and ability, work record and experience to perform the duties of the job. The least senior employee’s workemployee shall be laid off. In the event the employee originally scheduled to be laid off does not wish to exercise his/her rights to bump or take a vacancy which may be available, such caseemployee shall be deemed to be laid off. (d) In the event that an employee is reassigned to either a vacant position or the position held by the least senior employee within the job classification and department, he/she shall serve an eight (8) week probationary period, during which he/she may be removed from the position and shall be laid off if his/her performance is not satisfactory in the opinion of Management, but such action will be subject to Article 31 of this Agreement (Grievance Procedure). (e) A non-probationary Employee shall not be laid off if, at the time of the prospective layoff, temporary work is available in the classification of the Employees scheduled to be laid off that the Employee is qualified to perform and the Employee accepts the assignment and schedule required of the temporary position. At the time of the layoff, it should be the Employee’s option to accept such assignment or to exercise rights under the layoff and recall provision of this Article. (f) If the Employee accepts such assignment, the exchange will take place as soon as possibleEmployee is not laid off and remains an Employee with recall rights commencing from the effective date of layoff stated in the Notice Letter. At the end of the temporary assignment, and if another temporary assignment, for which the senior employee is qualified, is not available the Employee will be laid off and will receive severance pay equal to the remainder difference between the weeks in the temporary assignment and the severance pay as outlined under Article 20 of notice the collective bargaining agreement, if any. In the event that a non-temporary position exists at the end of layoff in lieu, plus their severance entitlement, but the temporary assignment the above recall procedures shall have no recall rightsapply. This provision does will not apply if to probationary employees. (g) If a regular part-time Employee has greater equivalent seniority than a full-time Employee in the senior employee has unique skills which cannot same classification who is to be replaced in up laid off, the part-time Employee must be willing to three accept full-time employment to continue working. (3h) monthsThe Employer agrees to give the Employee to be laid off four (4) weeks notice of a layoff.

Appears in 4 contracts

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

Layoff. It A layoff shall be defined as a reduction in the work force, an employee's position being eliminated, or a reduction in the employee’s regular hours of work as defined in this Agreement. (a) The Employer will give as much notice as is agreed that there will feasible but not less than thirty (30) calendar days to the employee(s) directly affected. (b) Employees shall be no permanent layoffslaid off in reverse order of their bargaining unit seniority. (c) For Parks, save Recreation and except as set out below. Prior to effecting layoffs Culture staff, for a program of any regular ten (10) weeks or recurring employeeless, the University reduction in hours will take not constitute a layoff and bumping within the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7Instructor group cannot occur unless the person affected has no assignments. Bumping within the Instructor group cannot occur after the commencement of a program. 1. Within two (2d) weeks Employees who have received layoff notice or who have been bumped shall have the right to bump employees with less seniority, provided that: (i) employees exercising that right have the required qualifications to perform the duties of the determination that there position they wish to bump into; (ii) the right to bump shall include the right to bump up where an employee is unable to exercise their bumping rights to retain a need to reduce the workforcesimilar shift, a meeting will be arranged between the Parties to review the circumstances benefits and to mutually explore optionsninety-five percent (95%) of gross pay. 2. (e) The Parties incumbent employee(s), whose hours have been reduced or whose position has been eliminated or who have been bumped, will explore known, upcoming attrition such as retirements, resignations, end have five (5) working days to advise the Employer of contracts their intent to: (i) accept the reduction in hours and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed remain in the position; or (ii) exercise their seniority rights; or (iii) to be placed on the recall list. 3. Next(f) The Employer shall provide a current seniority list specifying the name(s), position(s) held, the Parties number of hours of work, full time or part time status and incumbent employee’s seniority date. (i) Employees who have received layoff notice will examine be advised of any postings that may have closed but have not yet been awarded. Such employees, if they believe they are qualified for such postings, will have one working day after receipt of notice of the unfilled posting to have their name added to the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positionsapplicants. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26ii) weeks. Should this meet the needs of the UniversityUpon moving into their new position, employees will be required to complete a trial period as per 14.03(a). If employees do not successfully complete this trial period, they will be placed on the recall list. (h) Providing the laid off employee is qualified, they shall receive first option in line of seniority for all Auxiliary employment and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wagesseniority shall accrue for all time worked. 5(i) Any permanent employee who is laid off shall have recall rights to their former classification for a period of eighteen (18) months provided they remain qualified. (j) Employees on the recall list shall be recalled to positions in order of bargaining unit wide seniority provided they are qualified. If after having explored New employees shall not be hired until those laid off have been given the above stepsopportunity of recall. (k) In the event of a vacancy occurring while employees are laid off, it is determined by Article 14 applies to all employees, including employees on the University that a layoff recall list. The Employer shall notify employees on the recall list of all vacancies. (l) Recall notices will be requiredsent by registered mail to the employees being recalled with copies to the First Vice President, Second Vice President (Xxxxxxxx River), and President of the least senior employee in the redundant position will be identified and provided with notice of layoffUnion. 6. An employee who has more seniority than (m) Grievances concerning xxxxxx and recalls shall be initiated at Step 3 of the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsGrievance Procedure.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoff. It is agreed that there will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employee, Where the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks of the determination that there is Board has made a need decision to reduce the workforcecomplement of the Service, a meeting the following system of lay-off and, if subsequently required, termination shall apply: 24.01 The Board will first lay off summer students and temporary members prior to the lay-off of part-time or full-time staff. Subject to the Board having qualified personnel on staff to perform the required work, lay-off of probationary, part-time and full-time members shall be arranged between based on seniority. Non-probationary full-time and part-time members shall receive sixty calendar days' notice prior to the Parties effective date of lay-off or payment in lieu thereof. Probationary members, temporary members and summer students shall receive thirty days' notice prior to review the circumstances effective date of lay-off or payment in lieu thereof. Copies of all notices of lay-off and recall shall be provided by the Board to mutually explore optionsthe Association at the same time as notices are provided to the affected member(s). 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid 24.02 In selecting members for lay-off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants positions to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position eliminated will be identified and a member in one of those positions will be given the opportunity to exercise his/her seniority provided with the member has, or attains within the notice of layoff. 6. An employee who has more seniority than period, the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the duties of the new position. 24.03 Members shall be recalled in reverse order of lay-off except where the senior employee’s laid off member does not have the qualifications to perform the available work. In No new employees shall be hired while any member with recall rights has not been provided with recall opportunity, unless the available members do not have the qualifications to perform the available work. (a) A member selected for recall shall be informed of such caseby written notice. This notice shall be considered received by the member when mailed Registered Mail, to the exchange will take place last known address of the member as soon as possible, shown on the record of the Service. It shall be the responsibility of each member on lay-off to keep the Service advised of his/her current address. Within ten calendar days after a member receives notice he/she must advise the Service in writing that he/she accepts such recall and the senior employee will be laid able to commence employment on the date specified in the notice. Any and all re-employment/recall rights granted to a member shall terminate upon such member's failure to reply within 10 days of receipt of the notice or if the member does not agree to return to duty within 14 days of receipt of the notice or within 14 days of the recall date specified on the notice whichever is later. (b) A member on lay-off shall retain his/her right to recall after a lay off for a period of two years commencing with the effective date of the lay-off, provided the member has not been found guilty of an act of misconduct resulting in the member's dismissal from the Service. (c) During the period of lay-off a member on lay-off shall not be entitled to any of the provisions of the Agreement except the right to recall as provided in this Article. 24.05 For the purposes of the above lay-off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.provision,

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoff. It Layoff shall be defined as a permanent and or temporary reduction in days, and/or positions. In the event the District in its discretion, determines that a reduction in force is agreed that there will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employeeappropriate, the University District will take determine which position is to be eliminated. The least senior person in that particular classification is then displaced from his or her position. The more senior person who holds the following steps position to be eliminated is then moved into the position vacated by the least senior person in sequential order as outlined that classification. Qualification and Qualified: The term “qualified or qualifications” when used shall be based on specific training or education that enables a particular employee to successfully perform in Article(s) 11.4, 11.5, 11.6 and 11.7a specific assignment within a classification. 1. Within two five (25) weeks working days of notification, the determination that there is laid off employee must notify the District with a need written request to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2"bump" another employee. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies employee proposing to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more bump must have greater District seniority than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position District. The employee will be identified and provided with notice permitted to bump the least senior employee in the District, providing the employee is qualified to perform the duties of layoffthe position. The individual will be deemed qualified to perform the duties of the position if the employee has performed the duties of the specific position before as a regular district employee. If the employee desiring to bump is not qualified to fill the position of the least senior person, then the bumping employee shall have the right to bump the next least senior employee in the District, etc. 62. An employee who has more seniority than bumping into a different classification will remain on the identified same step of the salary schedule in the new position as the employee was on in the prior position, though the hourly wage may change. 3. The bumping process is not to be used to move to a promotion, namely from a secretarial to an office manager position. The Association may, within one (1) week upon notification of notice under step 5the layoffs, volunteer request to take meet with a designated District representative to discuss the layoff if pending layoff. As a part of the junior employee has the minimum required qualifications (as defined in Article 18.2) discussions relative to perform the senior employee’s work. In such casedisplacement procedures, the exchange will take place Association may provide the District with suggestions or recommendations for reductions. However, such suggestions or recommendations shall not be construed as soon a right to bargain such issues, nor shall it cause time lines to be extended, unless the District so desires; nor shall it deter the District from placing its determined course of action into effect. When a layoff of employees in a classification is contemplated, employees affected by such layoff shall receive written notice of such action at least ten (10) workdays in advance of any layoff. The ten (10) day notice would not be necessary in the event of an emergency such as possiblefire or some other disaster over which the District has no control. If an employee is RIF’d and is unable to use their vacation days, and then the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in compensated for up to three (3) monthsone year’s accrual of vacation days.

Appears in 3 contracts

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

Layoff. It is agreed X. Xxxxxx shall be defined as a reduction in the size of the work force due to the lack of work or funds within the College. When it becomes necessary to layoff classified employees within a department, any temporary employees and probationary employees shall be laid off in that there order first. Then those full and part- time employees in that department will be no permanent layoffslaid off in accordance with the seniority list with the least senior employees laid off first, save provided always that the remaining employees shall have the qualifications to perform the work of the laid off employees. Student employees in that department may remain employed but are subject to the requirements of Article 24.B. B. Employees to be laid off will have at least twenty (20) working days’ notice of layoff. C. An employee shall be reclassified to a position of lower rank and except pay only when s/he otherwise would be laid off in the higher rank. The Employer shall not use such reclassification as set out below. Prior to effecting layoffs a disciplinary measure. D. In the event of any regular or recurring employeea layoff, the University College shall continue to pay premiums for insurances as provided in Appendix B, excluding life insurance due to carrier restrictions, for the month in which the layoff occurred and three (3) full months following the layoff. E. In the event of a layoff, the College shall notify the Union and it will take be first subject to a Special Conference. F. The Employer and Union shall be governed by the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 layoff and 11.7.bumping procedures: 1. Within two (2) weeks of The Employer and Union will cooperatively assist laid-off employees in obtaining information regarding resources available, e.g., unemployment insurance. The parties agree that any disputes about the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionsprocess shall not hamper or interfere with such cooperative efforts. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end In exercising "bumping rights," no employee can attain a higher job classification or pay level than she/he held at the time of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the positionlayoff notice. 3. NextIf a position becomes available after the initial layoff list has been identified, the Parties will examine but before layoffs actually occur, it shall first be offered to employees on the list of employees holding contract positionswho hold that pay level. If the position is not filled, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether it shall then be posted in accordance with the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positionscontract. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs initial list shall consist of the Universitypositions to be eliminated by the College, and that those individuals holding the identified positions shall have the opportunity to exercise bumping rights and shall receive notice of the time, date, and location to do so. The Employer will provide the Local Union President with the number of full-time and part-time employees will to be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wagesvia seniority lists. 5. If after having explored the above stepsPart-time employees shall have equated seniority, it is determined by the University that but they may not bump a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layofffull-time position. 6. An employee who has more seniority than the identified employee mayThe Local Union’s President, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possibleChief Xxxxxxx, and the senior employee will be laid off and will receive the remainder of notice all campus Stewards shall have "super-seniority" for purposes of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which and cannot be replaced "bumped" by anyone while they hold office. In the event of the elimination of a position held by one of these officers, she/he will be considered as having the highest seniority in up any Classification into which she/he can exercise bumping. 7. The Local Union President will be given a copy of the list of positions being eliminated and the affected individuals prior to three (3) monthsnotice to the affected individuals. If time permits, the Union's Executive Board will be invited to a meeting to review this layoff list. 8. Notices to individual employees will be in writing and will be mailed to the individual's home address on file in the Human Resources Department and this shall constitute official notice as of the date of mailing. Each notice letter will include the time, date and place of a meeting at which an individual can exercise bumping rights. 9. If an affected individual is unable to be present at a bumping meeting, she/he may authorize a member of the Union’s Executive Board to exercise his/her bumping rights. Authorizations must be in writing with a copy for the Union and for the Employer. Individuals must be present at the scheduled bumping meeting, either in person or by proxy; failure to attend shall constitute a waiver of all bumping rights. 10. Individuals who are on short-term, long-term disability leave, or Workers’ Compensation leave, or military leave shall, if necessary, exercise their bumping rights upon their return to work.

Appears in 3 contracts

Samples: Classified Master Agreement, Classified Master Agreement, Classified Master Agreement

Layoff. (a) The Employer will, whenever practicable, keep layoffs to a minimum. In the event a layoff occurs, the Employer will notify YusApuY, in advance, together with the reason for the decision. The Employer will observe the seniority of Employees in connection with layoff and recall and will follow the guidelines for layoff and recall set out herein. (b) A grievance concerning a layoff may be submitted directly at Step 2 (Article 8 - Complaints/Grievances) no later than ten (10) working days following receipt of the advisory or formal written notice of job closure. (c) As a direct result of layoff or attrition no Employees will have their regular workload increased beyond a reasonable level. (d) The Employer will inform an Employee at the commencement of layoff of the available means of accessing job posting information. It is agreed that there will be no permanent layoffsthe responsibility of the Employee to notify the Department of Human Resources and Employee Relations should the Employee wish to be considered as an applicant for a position posted in accordance with Article 12 - Job Posting. (e) A return date will be identified on a Record of Employment issued to sessional employees. (f) An Employee who receives notice of job closure and who currently has a Job Evaluation Questionnaire in either the rating or appeals queue, save and except as set out below. Prior will have their questionnaire moved to effecting layoffs the top of any regular or recurring employee, the University will take respective queue in order to establish a final rating for the following steps in sequential order Employee's current position prior to choosing one of the options as outlined in Article(s) 11.4, 11.5, 11.6 Articles 15.05 and 11.715.06. 1. Within two (2g) weeks of the determination that there is a need to reduce the workforceIn some instances, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, YusApuY and the senior employee will be laid off and will receive Employer may meet with the remainder Employee affected by layoff to consider advance priority placement prior to receipt of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsformal notice.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoff. It 13.1 The District agrees it will negotiate the effects of layoff upon request from the Union. A layoff is agreed that there will be no permanent layoffsdefined as the termination or reduction of an employee's regular work assignment or reassignment to a lower classification or lower rate of pay due to lack of work or lack of funds. 13.2 Displacement (bumping) Rights are rights of an employee facing layoff to displace another employee with less seniority in any classification in which the affected employee holds seniority. 13.3 Layoffs occur in reverse order of seniority by classification. Any employee subject to layoff has the right to replace the least senior person in any classification in which the employee has seniority, save who is working the same number of months, days, and except as set out belowhours. Prior to effecting layoffs of any regular or recurring employeeHowever, the University will take employee also has the following steps right to replace an employee working fewer months, days, and hours, but must replace the least senior person in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7that category. 1. Within two Upon layoff, an employee shall have thirty-nine (239) weeks of the determination that there is a need months rights to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionsrehire. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end Employees who have received a lay-off notice have the right to bump into the total hours they currently hold in any position(s) in which they have job rights and in which the hours of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the positionduty do not conflict. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants Individual positions shall not be divided to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positionsaccommodate bumping. 4. The Parties will explore Employees with less than four (4) hours total in a work day shall have the possibility of a short-term right to decline or defer “bumping rights” and shall have at the employee’s discretion the option to be placed in layoff of no more than twenty-six (26) weeks. Should this meet the needs of the Universitystatus, employees will be laid off with full unemployment benefits, bumping, and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wagesrehire privileges. 5. If after having explored Employees shall cash-out any and all vacation or compensatory time on the above steps, it is determined by books at the University that time of a layoff will total layoff. Sick leave balances shall be required, maintained on the least senior employee in the redundant position will be identified and provided with notice of layoffbooks for 39 months. 6. An employee Prior to the District posting any job for public viewing, Xxxxx Unified School District shall make position available in the exact order shown below: a. Employees currently working in position of employment/job posting who has received a total or partial layoff, shall have the right to regain up to but not more seniority than the identified employee may, within one (1) week hours they lost in the layoff. b. Employees on total or partial layoff status that have rights in the job class posted shall be entitled to rehire. c. Any bargaining unit member that is on layoff status shall be notified by mail of notice under step 5, volunteer to take any job vacancies in the layoff if the junior employee has the minimum required qualifications (District as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsthey become open.

Appears in 3 contracts

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

Layoff. It is agreed that there will No layoff or permanent reduction in hours shall be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7.implemented without: 1. Within two Notifying the Union seven (27) weeks days in advance. Such notice shall indicate the job classifications, number of the determination that there is a need to reduce the workforcehours, a meeting and employees who will be arranged between affected by the Parties to review the circumstances and to mutually explore optionsreduction in staff. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end Union may request a meeting for the purpose of contracts avoiding or mitigating said layoff and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs discussion of the University, employees will procedures to be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% followed. Any such meeting shall be held within four (4) days of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 63. Probationary and temporary employees within the affected job classification shall be laid off or have their hours reduced first, without regard to their individual periods of employment. Non-probationary employees shall be laid off or have their hours reduced next in reverse order of their seniority. No more senior employee shall have his or her hours reduced as long as there is a less senior employee working hours in the same job classification on the same shift. Low Census and Over Budget Situations. During temporary periods of low census; i.e., sudden drops in census, or at any other time when the Employer is staffed in excess of its budgeted hours for that shift, the Employer may reduce hours on a temporary basis without regard to the notification and meeting requirements as outlined in Sections C(1) and C(2) in this Article. If this becomes necessary, the Employer shall first ask for volunteers who wish to reduce their hours on a temporary basis. If there are multiple volunteers, then the Employer will accept volunteers in rotating seniority order, starting with the most senior employee on the shift. Employees who volunteer shall have the option of using vacation, if available, or taking unpaid time. Employees may volunteer to give up whole or partial shifts. If there are no volunteers, the Employer may cancel employees’ shifts or reduce hours, pursuant to the following rules: a. The Employer may eliminate full shifts. The Employer also may shorten the length of the work shift of one or more employees per department, per shift. b. If the Employer is going to cancel a full shift, it will cancel shifts in rotating seniority order, starting the rotation with the least senior employee working the shift and progressing to the most senior employee on that shift. c. No employee shall lose more than fifteen (15) hours per calendar month due to involuntary shift cancellations or reductions. If it becomes necessary to reduce hours due to a low census situation and the least senior employee on duty has already lost fifteen (15) hours during that calendar month, the Employer shall skip that employee and move on to the next least senior employee on duty. d. An employee who is not notified that his or her shift has more seniority been cancelled or reduced to less than three (3) hours until he or she arrives at work will be paid for no less than three (3) hours of work at his or her regular rate of pay. Such minimum guarantee shall not apply if the identified Employer makes a reasonable effort to notify the employee may, within at least two (2) hours prior to the scheduled starting time that the employee is scheduled to report to work. It shall be the employee’s responsibility to keep a current telephone number on file with the Employer. Failure by the employee to do so shall exempt the Employer from such notification requirement and from the above minimum guarantee. Reasonable effort shall be defined as an Employer telephone call to the telephone number provided by the employee and either leaving a message with the person who answers the telephone or leaving a message on the employee’s answering machine. e. 1. In a low census situation lasting one (1) week month or less, employees do not have bumping rights in cases of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthseither hour reductions or shift eliminations.

Appears in 3 contracts

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

Layoff. It is agreed that there will 13.1 Layoffs affecting permanent Employees shall be no permanent layoffs, save and except as set out below. Prior determined based on bargaining unit seniority provided Employees have the qualifications to effecting layoffs of any regular or recurring employee, perform the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7work remaining. 113.1.1 The City shall notify the Employee thirty (30) days prior to the effective date of layoff. Within two If the Employee has not had the opportunity to work the notice period, he shall be paid for the day(s) for which work was not made available. The affected Employee shall, within fourteen (214) weeks days of being provided with layoff notice, choose to displace another Employee provided he has the qualifications to perform the work, OR move to a vacant permanent position with a classified rate of pay that is equal to or less than the Employee’s classified rate of pay provided he has the qualifications to perform the work, OR choose to take a layoff. 13.1.2 The first displaced Employee may displace another Employee provided he has the qualifications to perform the work. The Employee shall advise the City which position he is claiming within (7) days of being notified that he is being displaced. 13.1.3 The second displaced Employee may displace another Employee provided he has the qualifications to perform the work. The Employee shall advise the City which position he is claiming within seven (7) days of being notified that he is being displaced. 13.1.4 Any subsequent displaced Employee may displace another Employee provided he has the qualifications to perform the work. The Employee shall advise the City which position he is claiming immediately. 13.2 When layoffs affect temporary Employees only, seniority in the department shall be the determining factor where the Employee has the necessary qualifications to perform the work remaining. 13.2.1 Temporary Employees working more than thirty (30) days in a relief assignment or temporary position shall receive five (5) working days notice of the determination that there is proposed layoff and a need to reduce record of employment slip shall be issued as soon as possible after the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice date of layoff. 613.2.2 A temporary Employee, who wishes to request an earlier layoff than was planned, shall apply to the City for a Leave of Absence at least fifteen (15) days prior to his requested layoff date. An employee who has more Requests shall be considered in the order that they are received. If the leave of absence is not approved and the Employee still requires the early layoff, he shall have deemed to have resigned and shall lose all previously accumulated seniority. 13.3 In order that operations of the Union shall not become disorganized when layoffs are made, members of the Local Union Executive Board shall be the last persons laid off during their term of office unless such person would be affected by normal seasonal layoff. 13.4 Employees on layoff shall be able to exercise their seniority than for posted positions. Permanent Employees on layoff shall receive priority over temporary Employees or others from outside of the identified employee maybargaining unit, within one (1) week of notice under step 5, volunteer to take for posted permanent positions and shall be given the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) necessary training to perform the senior employee’s work. In such case, provided the exchange will take place as soon as possibleEmployee has the skills and abilities similar to the vacant position for which he is being considered. 13.5 An Employee on layoff must notify the Human Resources Department of any change to his telephone number or mailing address. 13.6 The City agrees to inform the Union of any proposed changes in the performance of services supplied by the City, and four (4) months in advance of the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsproposed change being implemented.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoff. It (a) If a reduction in force is agreed that there will be no permanent layoffsnecessary, save and except as set out below. Prior to effecting layoffs shall take place in the inverse order of any regular or recurring employee, the University will take date of hire into the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7Sergeant’s job classification. 1. Within (b) NJIT shall simultaneously provide the SOA and the Sergeant(s) concerned a two (2) weeks week notice of layoff. SOA may request and have scheduled a meeting with the determination that there Manager of Labor Relations to discuss possible alternatives; however, the final discretion rests with NJIT. (c) When a Sergeant is scheduled for a need layoff due to reduce reduction or reorganization in the workforce, he/she shall be permitted, to the extent permitted by law, to exercise his/her seniority rights to replace (bump) a meeting will be arranged between Sergeant or other commissioned police officer with less seniority provided the Parties Sergeant with greater seniority is qualified in all respects to review perform the circumstances and to mutually explore optionswork of the bumped officer. 2(i) For the purpose of this Agreement “qualifications” shall be determined by NJIT. The Parties However, the SOA may discuss any questions of “qualifications” with the Manager of Labor Relations through the labor management committee established under Article VI, Labor/Management Committee, of this Agreement. (ii) A Sergeant with no previous commissioned police officer experience at NJIT, who successfully exercises his/her bumping privileges into a commissioned police officer position, shall serve a ninety (90) day performance based probationary period. During said period, if NJIT is not satisfied with the Sergeant’s performance, but not earlier than sixty (60) days into the probationary period, it will explore known, upcoming attrition then place such as retirements, resignations, end Sergeant on layoff. A Sergeant thus laid off shall remain entitled to recall for the remainder of contracts the recall period but shall not be entitled to bump again unless recalled and existing vacancies to determine if there he/she successfully completes the associated probationary period after which he/she is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be again laid off. Such employee will be placed in Existence of the positionprobationary period satisfies the notice of layoff requirement. Nothing herein waives or modifies the right of NJIT to terminate a Sergeant for just cause at any time. Discharge during the probationary period is not grievable. 3. Next(iii) Salary Range and Step placement for a Sergeant, successfully exercising the Parties will examine the list of employees holding contract positionscontractually authorized bumping privilege, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can shall be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions.as follows: 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week The Sergeant shall be placed at the same or nearest higher step on the commissioned police office salary range from that step occupied prior to layoff, if available in the range. If not available within the range, then the Sergeant shall be placed at the closest step available within the appropriate range. (d) The parties hereto commit to work together toward minimization of notice under step 5departmental, volunteer to take university and bargaining unit disruption caused by implementation of the contractually authorized layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsbumping scheme.

Appears in 3 contracts

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

Layoff. It is agreed 1. Temporary and probationary County-funded employees in the department shall be separated first. 2. Additional layoffs shall be based on the following criteria in the following order: a. The seniority of the employees in the affected classification series within the department. b. The relative ability and qualifications of the employees as determined by the department head within the affected classifications of his/her department. c. In the event that there (a) and (b) are equal, preference will be given based on the last four (4) digits of the employee’s Social Security number with the smaller number being first. 3. Seniority will be based on continuous service with the County, 1) in the affected classification, or 2) classification in the same series at a higher salary grade in the event an employee has been reduced in grade in accordance with this Article. Creditable service for seniority must be in a permanent or permanent-intermittent position with the County. 4. As a result of the application of this layoff procedure, the County may cause the reassignment, transfer, reduction in grade, or any combination thereof, or the layoff of an employee. 5. All permanent status personnel who are affected by layoff shall have the right to elect a reduction in grade to a lower classification. 6. No employee will have the right to bump to a position in another department, outside the bargaining unit, or to bump a position of a higher salary grade than he/she currently fills. A permanent employee to be laid off may bump a temporary or probationary employee of the same classification in the department and in the bargaining unit if the employee voluntarily agrees to commute or relocate at no permanent layoffsexpense to the County. 7. An employee reduced in grade may have his/her salary reduced and in no event shall exceed the maximum for the class, save and except as set out belowbut shall not have his/her anniversary date adjusted. 8. Prior The assignment of an employee to effecting layoffs a position within a classification will be at the discretion of any regular or recurring the department head. 9. Separation due to layoff shall require the giving of at least two (2) weeks notice to the employee, or payment in lieu of notice, of an equivalent amount of the University will take employee’s base salary by the following steps County. 10. No permanent employee initially hired into and serving in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7a grant-funded position may initiate a bump into a County-funded position unless he/she is displaced by someone who has bumped him/her. Employees electing to bump into grant-funded positions have no property right to the position or County service if the funding ceases. 1. Within Any permanent status employee reduced in grade or laid off under this Article shall, based on seniority, have his/her name placed on an appropriate County recall list/lists for a period of two (2) years. Previous employees shall be notified by certified mail, return receipt requested, at their last known address and shall within ten (10) calendar days of receipt respond affirmatively by certified mail or in person that they are accepting the offer of recall. Failure to respond in a timely manner will mean that the person has refused the offer of recall and the person will be removed from the recall list/lists. An employee must be available for work within two (2) weeks of acceptance of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionsoffer. 2. When positions become available in a class in the department and in the bargaining unit, personnel who have been laid off or reduced in grade in that class from that department shall be recalled in inverse order of layoff. The Parties will explore known, upcoming attrition such as retirements, resignations, end order of contracts and existing vacancies to determine if there is an employee recall shall be: a. Employees who is leaving or has left are reduced in grade based on the work place whose work could be done by a qualified employee who otherwise will be same criteria in Section 1(b). b. Former (laid off) employees who held a position in the same class based on the same criteria in Section 1(b). c. Former employees who held a position in the same series. Such employee will In the event that a classification has only had a change in title, employees on the old recall list/lists shall be placed in on the positionnew respective list/lists. 3. NextUpon recall after layoff, the Parties will examine time that the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are person was on probation to determine whether the redundancy can layoff shall be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positionscounted as a break in service. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.

Appears in 3 contracts

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

Layoff. It a. If the College determines a reduction in staff in a regular, internally funded position is agreed that there will be no permanent layoffs, save and except as set out below. Prior necessary due to effecting layoffs of any regular or recurring employeeeconomic necessity, the University layoff will take occur in the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 within the affected department position and 11.7. 1. Within two job status (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract full-time for full-time positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the /part-time for part-time positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, ): probationary employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined first followed by the University that a layoff will be required, the least senior employee in employees, provided the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than remaining employees presently have the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required necessary qualifications (as defined in Article 18.2including but not limited to training, experience, skill, ability and availability) to efficiently perform the senior employee’s required work. In such case, the exchange will take place Those members affected under this subsection shall be notified as soon as possiblefeasible prior to the effective date of the layoff that their positions are to be eliminated but in no event less than 60 calendar days. Salary and benefits will continue throughout the notification period if the layoff begins before the period is satisfied. b. If the College determines a reduction in staff is necessary in a position funded 50% or more through external funding, grants, contracts or the like, the layoff will occur in the following order within the affected department, position and the senior employee job status (full-time for full-time positions/part-time for part- time positions): probationary employees will be laid off first followed by the least senior employees, provided the remaining employees presently have the necessary qualifications (including but not limited to training, experience, skill, ability and availability) to efficiently perform the required work. Those members affected under this subsection shall be notified as soon as feasible prior to the effective date of the layoff. c. In the case of the same hire date, in the presence of the Association president, employee names will receive be drawn by Human Resource’s personnel. The employee’s name drawn is the remainder one to be laid off. d. The Association will be notified of notice all affected members at the time the members are notified of layoff the layoff. A member being laid off will be allowed Association representation if requested. e. During the first year of layoff, the College will automatically consider a laid off member to be a candidate for any vacant bargaining unit position, and such member will be given an opportunity to interview in lieu, plus their severance entitlement, but shall have no recall rightsappropriate circumstances. This provision does not apply if the senior employee has unique skills Affected members are encouraged to contact Career Employment Services which cannot be replaced in up will provide outplacement assistance to three (3) monthslaid off employees.

Appears in 3 contracts

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

Layoff. It a. If a reduction in force is agreed that there will be no permanent layoffsnecessary, save and except as set out below. Prior to effecting layoffs Layoffs shall take place within a designated department or job classification in the inverse order of any regular or recurring employee, the University will take date of hire into the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7job classification. 1. Within b. The Employer shall simultaneously provide the Union and the employee(s) concerned at least two (2) weeks notice of Layoff. The Union may request and have scheduled a meeting with the determination that there Vice President of Human Resources or his/her designee to discuss possible alternatives; however, the final discretion rests with the Employer. c. When an employee is a need scheduled for Layoff due to reduce reduction or reorganization in the workforce, prior to any bumping permitted pursuant thereto, the employee shall be considered for transfer into a meeting vacancy if one exists and if determined qualified by the Employer, transferred into said vacancy. Transference into the vacant position carries a ninety (90) day performance based probationary period. During said period, if the Employer is not satisfied with the probationary employee’s performance but no earlier than sixty (60) days into the probationary period it will then place such employee on Layoff. An employee thus laid off shall remain entitled to Recall for the remainder of the Recall period but shall not be arranged between entitled to bump again unless recalled and he/she successfully completes the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there associated probationary period after which he/she is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be again laid off. Such Existence of the probationary period satisfies the notice of Layoff requirement. Nothing herein waives or modifies the right of the Employer to terminate an employee will be placed for just cause at any time. Discharge during the probationary period is not grievable. d. When an employee is scheduled for a Layoff due to a reduction or reorganization in the positionworkforce, he/she shall be permitted to exercise his/her seniority rights to replace (bump) an employee with less seniority provided the employee with greater seniority is qualified to perform the work and provision c. above has been followed, if applicable. 3. Next, the Parties will examine the list i. For purposes of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can this Agreement “qualifications” shall be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that Employer. However, the Union may discuss any questions of “qualifications” with the designee of the Vice President of Human Resources and/or the Labor/Management Committee established under Article VII, Labor/Management Committee, of this Agreement. ii. Bumping is permitted upward, laterally or downward. Qualifications review of a layoff will be required, bumping applicant shall begin with the least senior employee held position in the redundant classification of the bumping applicant and proceed to the next least senior held position will be identified and provided with notice of layoff. 6. An employee who has more seniority than in that classification until an actual bumping is accepted by the identified employee mayEmployer, within one (1) week of notice under step 5, volunteer to take or the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.five

Appears in 3 contracts

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

Layoff. It is agreed that there will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employee, Should the University will take Employer determine the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks of the determination that there is a need to reduce the workforcework force, a meeting will it shall occur as follows: A. Probationary employees in the affected Divisions shall be arranged between the Parties to review the circumstances and to mutually explore optionslaid off first. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who B. If further reductions are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the Universitynecessary, employees will be laid off by classification in reverse order of seniority (least senior to most senior). Employees who are to be laid off may choose to exercise bumping rights using their seniority and provided qualification as follows: 1. Into any classification within their division in which they can meet minimum qualifications and in which the movement is lateral or a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wagesdemotion. 52. If after having explored Employees who are unable to bump anyone within their Division or classification may then bump a less senior employee in another Division or classification which the above steps, it is determined by employee holds the University that qualifications as outlined in the job description. In no case shall an employee gain in wages or hours through the bumping process. 3. Employees who are displaced from their work assignment because of a layoff will be required, the least senior employee allowed to use their seniority to bump for work assignments or as outlined in the redundant position will be identified #1 and provided with notice of layoff#2 above. 64. An The Board reserves the right to schedule a “bumping” meeting with the Union and all potentially affected employees to complete this bumping process at a single meeting. C. Any employee who has more seniority than bumping rights as set forth above shall have the identified employee may, within one (1) week of notice under step 5, volunteer right to take either exercise the bump or to accept the layoff if until recalled. D. The employees who are displaced after the junior employee bumping process has the minimum required qualifications (as defined in Article 18.2) to perform the senior been exhausted shall be laid off. The employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will seniority shall be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in frozen for up to three (3) monthsyears or the duration of his/her seniority at the time of layoff whichever is less, or until recalled to a position within the bargaining unit, which ever comes first. E. Employees to be laid off for an indefinite period of time will have at least ten

Appears in 3 contracts

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

Layoff. It is agreed that there will be no permanent layoffs, save and except as set out below1. Prior to effecting layoffs If the County must reduce the number of any regular employees within a classification or recurring employeewithin the Department, the University will take employee with the following steps least amount of bargaining unit seniority shall be selected for layoff. The employee so selected shall have the right to bump a less senior bargaining unit employee in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks an equal or lower classification of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed employee's choosing in the position. 3. NextDepartment, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more provided such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee maybeing bumped, within one and provided further that such employee meets the same minimum qualifications as would be expected of anyone obtaining the job through the normal job posting procedure. 2. An employee who is bumped in accordance with Paragraph 1 above shall be afforded the same bumping rights provided in paragraph 1 above, but if such employee is unable to bump any other employee, such employee shall be placed on layoff. 3. Where two (12) week or more employees have the right to bump, the above bumping rights shall be exercised by such employees in order of notice under step 5, volunteer their bargaining unit seniority from most senior to take least senior. 4. An employee bumping into a different position shall serve the layoff if the junior normal probationary period for that position. An employee has the minimum required qualifications (as defined in Article 18.2) who proves unable to perform the senior employee’s work. In such case, work in the exchange will take place as soon as possible, and the senior employee will probationary period shall not be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlementallowed to again exercise bumping rights, but shall have no recall rightsbe placed on layoff. This provision does not apply if the senior During such probationary period, an employee has unique skills which canmay voluntarily choose to be placed on layoff, but shall not be replaced allowed to again exercise bumping rights resulting from that layoff. 5. An employee who is bumped out of his/her position shall have the preferential right to return to such position if, for any reason, it should become vacant within sixty (60) days from the time the employee is bumped from it. 6. Employees laid off in up a reduction of force shall have their seniority status continue for a period equal to their se- niority at the time of layoff, but in no case shall this period be less than three (3) monthsyears. While any employees hold layoff seniority status, they shall be given the oppor- tunity to be recalled and placed in vacant jobs by using the job posting procedure. Laid off employees holding seniority status shall be sent copies of all job postings as they occur. In the event an employee declines to return to work when recalled under this section, such employee shall forfeit all accumulated seniority rights. It is the responsibility of laid-off employees to promptly inform the Personnel Department of any change of mailing address.

Appears in 3 contracts

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

Layoff. It (a) In the event of a layoff within a job classification in one department, probationary Employees within that job classification in one department shall be laid off first without regard to their individual periods of employment. Non-probationary Employees shall be the next to be laid off on the basis of their bargaining unit (b) In the event an Employee is agreed that scheduled to be laid off in one department and there will exists a vacant position in another department which the Employee has the skill and the ability to perform, bargaining unit seniority within the affected job classification shall prevail in assigning such Employees to be no permanent layoffs, save and except as set out belowlaid off to such vacant jobs. Prior This provision is not intended to effecting layoffs of any regular or recurring employee, circumvent the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7article on promotions. 1. Within two (2c) weeks of In the determination that there event a position is a need to reduce eliminated and the workforceaffected employee is not the least senior employee in his/her classification, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in assigned to the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved position held by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified same classification and department, provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee he/she has the minimum required qualifications (as defined in Article 18.2) skill and ability, work record and experience to perform the duties of the job. The least senior employee’s workemployee shall be laid off. In the event the employee originally scheduled to be laid off does not wish to exercise his/her rights to bump or take a vacancy which may be available, such caseemployee shall be deemed to be laid off. (d) In the event that an employee is reassigned to either a vacant position or the position held by the least senior employee within the job classification and department, he/she shall serve an eight (8) week probationary period, during which he/she may be removed from the position and shall be laid off if his/her performance is not satisfactory in the opinion of Management, but such action will be subject to Article 31 of this Agreement (Grievance Procedure). (e) A non-probationary Employee shall not be laid off if, at the time of the prospective layoff, temporary work is available in the classification of the Employees scheduled to be laid off that the Employee is qualified to perform and the Employee accepts the assignment and schedule required of the temporary position. At the time of the layoff, it should be the Employee’s option to accept such assignment or to exercise rights under the layoff and recall provision of this Article. (f) If the Employee accepts such assignment, the exchange will take place as soon as possibleEmployee is not laid off and remains an Employee with recall rights commencing from the effective date of layoff stated in the Notice Letter. At the end of the temporary assignment, and if another temporary assignment, for which the senior employee is qualified, is not available the Employee will be laid off and will receive severance pay equal to the remainder difference between the weeks in the temporary assignment and the severance pay as outlined under Article 20 of notice the collective bargaining agreement, if any. In the event that a non-temporary position exists at the end of layoff in lieu, plus their severance entitlement, but the temporary assignment the above recall procedures shall have no recall rightsapply. This provision does will not apply if to probationary employees. (g) If a regular part-time Employee has greater equivalent seniority than a full-time Employee in the senior employee has unique skills which cannot same classification who is to be replaced in up laid off, the part-time Employee must be willing to three accept full-time employment to continue working. (3h) monthsThe Employer agrees to give the Employee to be laid off four (4) weeks notice of a layoff.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It is agreed that there ‌ 11.1 Layoff shall be defined as a cessation of employment due to a reduction in staffing within a classification and/or the department on either a temporary or a permanent basis. The decision to lay off employees and the extent of such layoff shall be reserved in the sole discretion of the University. The just cause standard of Article 13 does not apply to layoff situations. Employees will be no permanent layoffsadvised, save to the extent it is known, how long the period of layoff shall be. In cases where it is known by the Department that the layoff will be permanent, then the Chief will meet with the Union to discuss the planned layoff and except as set out below. Prior to effecting layoffs the effects of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7decision. 1. Within two (2) weeks 11.2 Employees shall be selected for layoff on the basis of a consideration of multiple factors including their training, their experience, their ability, and their qualifications to perform the determination that there is a need to reduce the workforceremaining unit work, a meeting will be arranged between the Parties to review the circumstances of their prior performance of unit work, and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end their length of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed service in the position. 3classification. NextWhen, in the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs judgment of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above stepsall factors are equal, it is determined by the University that a layoff will be required, then the least senior employee in a given classification shall be laid off first. For purposes of this article, seniority shall refer to the redundant position will be identified and provided with length of continuous service within the classification. 11.3 Employees who are laid off shall receive at least two weeks’ notice of any layoff. 6. An employee 11.4 Employees who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be are laid off shall maintain recall rights to return to the same position from which they were laid off for a period of eighteen (18) months, provided they are qualified and have the requisite skills and abilities for the position. Employees who are laid off will receive also be notified of other vacancies within the remainder of notice of layoff in lieu, plus Department and may apply for such positions. Employees who are laid off shall maintain their severance entitlement, but shall have no recall rights. This provision does not apply if positions on the senior employee has unique skills which cannot be replaced in seniority roster for up to three eighteen months and shall accrue additional seniority during that time. If recalled to work by the Department within eighteen months in the original classification, employees shall return to the Police Services Department with the same seniority they had accrued at the time of the recall. If hired into any other classification within the Department, they shall return as new employees and be rehired with a new seniority date. If during the 18 month period an opening develops in their original classification after they have taken another position within the Department, they may return to the original classification with no loss of seniority. The University shall recognize their total length of service for fringe benefit purposes if they are rehired into another classification within the 18 month period. 11.5 Employees who are laid off shall notify the Department of any change in address or phone number in order to provide a contact point for recall or notification of vacancies which may arise within the Department during the term of their layoff. Once recalled to work by written notice sent certified mail, employees must report for duty within fourteen (314) calendar days of notification or they shall forfeit all recall rights unless their failure to report was due to proven illness or injury. 11.6 Laid off employees who are not recalled to their original classification or are not rehired into some other classification shall, at the conclusion of eighteen (18) months, be considered terminated by the University.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It is agreed that there Layoffs and recall will be no permanent layoffsby job within a program; that is, save and except as set out below. Prior if a program is to effecting layoffs of any regular be reduced or recurring employeeeliminated, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed then employees in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees affected program will be laid off and provided a Supplemental Employment Benefit or recalled on the basis of Agency Seniority. Those with the lowest Agency Seniority in any of the affected jobs will be the first to top up Employment Insurance Benefits be laid off, with recall starting with those having the greatest Agency Seniority. From time to 80% time the Agency may implement plans to reduce the number of normal wages. 5bargaining unit positions in certain programs while at the same time adding positions to certain other programs. If after having explored Additionally, at these times, there may be other vacancies for which no qualified person has applied during the above stepsposting period. When this situation occurs, it is determined persons whose jobs are affected by the University aforesaid reduction shall have priority in the filling of the added or vacant positions, where those positions are substantially the same in pay, qualifications and working hours. Additionally, such positions that a layoff become vacant will not be requiredposted until the positions have been offered to the affected persons. The Agency shall offer, in writing, the least senior employee in added or vacant positions to the redundant affected individuals who are qualified for the position will be identified and provided with notice on the basis of layoff. 6Agency Seniority. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In offered such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but a position shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsdays in which to indicate their acceptance or rejection of the position. Any individual rejecting said offer will be free to bid on any other vacant position, but will not be entitled to exercise bumping rights pursuant to this section or to receive severance pay as per Article 14. After the position held prior to the reduction is eliminated, individuals rejecting an offer as above, shall be considered to be in the same category as individuals who have taken in excess of three months of leave without pay and shall be entitled to bid on future vacancies on the basis of Agency Seniority. Any vacancies remaining after all affected individuals have accepted or rejected offers as above shall be immediately posted or reposted. Any person accepting an offer as above shall not have any previously earned increments removed. (a) In the event there are no such added or vacant job openings available for which an affected individual is qualified, then, before being laid off, the individual in the affected job shall be allowed to exercise bumping rights within the same program and consistent with his or her seniority with the Agency. Specifically: (i) Should a Master’s degree level job be eliminated, the individual in the affected job shall be allowed within the program to take the job of the Master’s degree level job holder with the least Agency Seniority. Should a Master’s degree level job holder’s job be taken, as above, or should the job of the Master’s degree holder with the least Agency Seniority be eliminated, that individual shall be allowed to take the job of the least senior non-Master’s level job holder within the Agency program, unless such employee has greater Agency Seniority than the individual whose job was taken or eliminated. (ii) Should any other employee’s job be eliminated, that individual shall be allowed to take the job of the non-Master’s level jobholder in the program with the least Agency Seniority (iii) Should the least senior job holder’s job be eliminated or taken, that individual may take the job of the least senior job holder in any job classification in the program for which the least senior direct service job holder is qualified, unless the job holder has greater Agency Seniority than the individual whose job was eliminated. (iv) Should a non-direct service employee’s job be eliminated, that individual shall be allowed to take the job of the individual in the same job classification in the program with the least Agency Seniority. (v) If in a job classification the least senior non-direct service employee’s job is taken or eliminated, that individual may take the job of any individual in the program who has less seniority if such non-direct service employee is qualified for such job. (vi) Should a part-time employee be laid off, that person shall have the option of taking the job of the least senior part-time employee in the program who holds a job for which they are qualified as above, or may take the job of the least senior full-time employee as above. Part-time Advocates who are laid off may also take the job of the least senior part-time Advocate. If a part-time employee assumes the job of another employee (full or part-time), that employee must work the same full-time equivalence as the employee whose job was taken -- full or part-time. (vii) Should a full-time employee’s job be reduced to part-time status, that employee shall have the option of: 1) retaining the reduced job, 2) taking over the job of the least senior part-time employee in the same job classification and program whose percent FTE is the same as the amount of the full-time employee’s job reduction percentage (in addition to retaining the reduced job), or 3) taking the job of the least senior full-time employee as outlined above. If the employee retains the reduced job, their pay shall be reduced accordingly and they shall receive no severance pay. (b) No employee shall take the job of another employee with more seniority. (c) No employee shall take a job for which they are not qualified. (d) An employee, who takes another job under the provisions of this Article, shall be compensated at the rate applicable for the new position with the employee’s then current seniority (experience cap). That employee shall be required to take the first available position that has the same rate of pay and qualifications as the position the employee was forced to vacate. Said employee shall receive preference over all other applicants (internal or external) regardless of seniority for the above referenced positions.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It (i) The employee shall have the right to either accept the layoff or to displace another employee in accordance with the bumping procedures. (ii) An employee may bump only in the employee's own class or lower. (iii) Subject to the Letters of Understanding, item 11, page 56, temporary employees shall be laid off before any permanent employees are laid off. (iv) Subject to the Letters of Understanding, item 11, page 56, any temporary employee whose position is agreed that there will affected by the Employer's decision to lay off shall have the right to displace a junior temporary employee only. (v) A permanent employee whose position is affected by the Employer's decision to lay off shall have the right to displace a junior employee whether permanent or temporary. (vi) An employee who does not elect to exercise the employee's right to displace another employee shall be no permanent layoffs, save and except as set out below. Prior laid off. (vii) An employee shall not be required to effecting layoffs change the employee's hours of any regular work or recurring work location unless mutually agreed. (viii) In the event the most junior employee in the class selected by the displaced employee is a temporary employee, the University will take permanent employee who displaces the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7temporary employee shall earn seniority on a permanent basis. 1. Within two (2ix) weeks An employee who wishes to exercise seniority rights in accordance with this Clause must notify the Employer accordingly, in writing, within twenty (20) days of the determination that there is a need to reduce date of receipt of the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionsemployee's layoff notice. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an (x) An employee who is leaving or has left displaced in accordance with this procedure is also permitted to displace another employee in accordance with the work place whose work could be done by a qualified procedure, provided that both displacements are completed within thirty (30) days of the of the initial layoff notice. An employee who otherwise is displaced in accordance with this procedure will be laid off. Such deemed to have been given notice of layoff with effect from the date on which the initial employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with was given notice of layoff. 6. An employee who has (xi) Where more seniority than the identified employee may, within one (1) week of notice under step 5employee is to be laid off in accordance with Clause 48.02, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will of those who are to be laid off and will shall have the first choice of displacement provided for in this Clause. (xii) Employees who receive the remainder of notice of layoff a reduction in lieu, plus their severance entitlement, but shall have no recall rights. This provision does weekly hours of work and decide not apply if to work the senior employee has unique skills which cannot be replaced reduced hours may exercise their bumping rights in up to three (3) monthsaccordance with this Article.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff. It a. If the College determines a reduction in staff in a regular, internally funded position is agreed that there will be no permanent layoffs, save and except as set out below. Prior necessary due to effecting layoffs of any regular or recurring employeeeconomic necessity, the University layoff will take occur in the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 within the affected department position and 11.7. 1. Within two job status (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract full-time for full-time positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the /part-time for part-time positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, ): probationary employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined first followed by the University that a layoff will be required, the least senior employee in employees, provided the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than remaining employees presently have the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required necessary qualifications (as defined in Article 18.2including but not limited to training, experience, skill, ability and availability) to efficiently perform the senior employee’s required work. In such case, the exchange will take place Those members affected under this subsection shall be notified as soon as possiblefeasible prior to the effective date of the layoff that their positions are to be eliminated but in no event less than 60 calendar days. Salary and benefits will continue throughout the notification period if the layoff begins before the period is satisfied. b. If the College determines a reduction in staff is necessary in a position funded 50% or more through external funding, grants, contracts or the like, the layoff will occur in the following order within the affected department, position and the senior employee job status (full- time for full-time positions/part-time for part- time positions): probationary employees will be laid off first followed by the least senior employees, provided the remaining employees presently have the necessary qualifications (including but not limited to training, experience, skill, ability and availability) to efficiently perform the required work. Those members affected under this subsection shall be notified as soon as feasible prior to the effective date of the layoff. c. In the case of the same hire date, in the presence of the Association president, employee names will receive be drawn by Human Resource’s personnel. The employee’s name drawn is the remainder one to be laid off. d. The Association will be notified of notice all affected members at the time the members are notified of layoff the layoff. A member being laid off will be allowed Association representation if requested. e. During the first year of layoff, the College will automatically consider a laid off member to be a candidate for any vacant bargaining unit position, and such member will be given an opportunity to interview in lieu, plus their severance entitlement, but shall have no recall rightsappropriate circumstances. This provision does not apply if the senior employee has unique skills Affected members are encouraged to contact Career Employment Services which cannot be replaced in up will provide outplacement assistance to three (3) monthslaid off employees.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It is agreed that there will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employee, Where the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks of the determination that there is Board has made a need decision to reduce the workforcecomplement of the Service, a meeting the following system of lay-off and, if subsequently required, termination shall apply: 24.01 The Board will first lay off summer students and temporary members prior to the lay-off of part-time or full-time staff within the affected classification(s). Subject to the Board having qualified personnel on staff to perform the required work, lay-off of probationary, part-time and full-time members shall be arranged between based on seniority. Non-probationary full-time and part- time members shall receive sixty (60) calendar days' notice prior to the Parties effective date of lay-off or payment in lieu thereof. Probationary members, temporary members and summer students shall receive thirty (30) days' notice prior to review the circumstances effective date of lay-off or payment in lieu thereof. Copies of all notices of lay-off and recall shall be provided by the Board to mutually explore optionsthe Association at the same time as notices are provided to the affected member(s). 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid 24.02 In selecting members for lay-off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants positions to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position eliminated will be identified and a member in one of those positions will be given the opportunity to exercise his/her seniority provided with the member has, or attains within the notice of layoff. 6. An employee who has more seniority than period, the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the duties of an equal or lower rated job classification; or, in a case where the member has previously worked in a higher classification, the member may exercise his/her seniority with respect to that higher classification provided the member has, or attains within the notice period, the qualifications to perform the duties. 24.03 Members shall be recalled in reverse order of lay-off except where the senior employee’s laid off member does not have the qualifications to perform the available work. In No new employees shall be hired while any member with recall rights has not been provided with recall opportunity, unless the available members do not have the qualifications to perform the available work. 24.04 a) A member selected for recall shall be informed of such caseby written notice. This notice shall be considered received by the member when mailed Registered Mail, to the exchange will take place last known address of the member as soon as possible, shown on the record of the Service. It shall be the responsibility of each member on lay-off to keep the Service advised of his/her current address. Within ten (10) calendar days after a member receives notice he/she must advise the Service in writing that he/she accepts such recall and the senior employee will be laid off able to commence employment on the date specified in the notice. Any and will receive all re-employment/recall rights granted to a member shall terminate upon such member's failure to reply within ten (10) days of receipt of the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision or if the member does not apply if agree to return to duty within fourteen (14) days of receipt of the senior employee has unique skills which cannot be replaced in up to three notice or within fourteen (314) monthsdays of the recall date specified on the notice whichever is later.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff. It is agreed that there will In the event the Employer desires to lay off an Employee, such lay off shall be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week prior written notice to the Employee, with a copy to the Union. If such notice is not given, the Employee will be paid for time lost. Layoffs and rehiring shall be in accordance with seniority in job classifications. (a) Employees so laid off shall be rehired as the need arises according to their classification seniority. (b) Classification seniority rights in the filing of notice under step 5vacancies shall prevail, volunteer including part-time Employees. In the event a full-time job becomes available such vacancy shall be filled by a part-time Employee in the establishment in order of seniority, provided such Employee is deemed qualified to take do work. (c) Any Employee permanently laid off from his/her employment shall be entitled to one (1) week’s severance pay for each year worked up to a maximum of fifteen (15) weeks pay in addition to other monies due. (d) When an employee is temporarily laid off, is given a definite date of return to work and is denied Unemployment Compensation Benefits solely because of the Amendment effective July 20, 1983 to Section 590.11 of the Labor Law, the University will pay such employee the sum of $235 per week beginning with the second week of employment, and during such period of temporary unemployment, said sum to be reduced by an amount earned as a result at the University during the layoff if period. Under no circumstances will the junior above payment be made after the return date given to employee has at the minimum required qualifications time of layoff, or during a period for which Unemployment Compensation Benefits are paid. (as defined in Article 18.21) to perform The layoff allowance rate for part-time Employees is prorated, based on the senior part-time employee’s workaverage number of hours worked over the preceding academic year, divided by full-time scheduled hours. In such case, The part-time rate shall not exceed that of the exchange will take place as soon as possible, and the senior employee full-time rate. Applicable allotments will be laid off and credited by September 1. (2) In the event that the layoff allowance for Employees in Dining Services is increased during the term of this agreement, employees represented by Local 100 will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthssame increase.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It A. When an employee is agreed that there will to be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employeelaid off, the University will take shall implement such layoff in accordance with the following steps provisions set forth below. When circumstances permit, the University shall notify the local AFSCME President at least thirty (30) days in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7advance of a layoff. 1B. Employees may be laid off at any time as a result of adverse circumstances; reallocation of resources; reorganization of degree or curriculum offerings or requirements; reorganization of academic or administrative structures, programs, or functions; curtailment or abolishment of one or more programs or functions; shortage of work; or a material change of duties. Within two (2) weeks The University shall notify AFSCME when a layoff is to take place. C. The layoff unit may be at an organizational level such as a campus, division, college, school, department, area, program, or other level of organization as the Chief Executive Officer deems appropriate. In designating the makeup of the determination that there is a need to reduce layoff unit, the workforce, a meeting will be arranged between Chief Executive Officer or designee may consider the Parties to review the circumstances special qualifications and to mutually explore optionsrelevant experience required for specific positions and exclude such positions from layoff. 2D. The University shall direct laid off employees to Human Resources for employment counseling. E. Employees are to be informed of layoff as soon as practical. The Parties will explore knownWhere circumstances permit, upcoming attrition such as retirementsall employees are to be provided with at least thirty (30) calendar days notice. However, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could completed his/her position orientation year shall be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments given no less than fourteen (LTA14) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of calendar days notice of layoff or in lieulieu of thereof, plus their severance entitlementtwo weeks pay at the employee’s current regular hourly rate, but or a combination of notice and pay. A notice of layoff shall have no recall be sent to the employee by certified mail, return receipt requested, or delivered in person to the employee. The notice to the employee of layoff shall include the effective date of layoff, the reason for layoff and any appeal/grievance rights. This provision does not apply if , including applicable filingdeadlines. F. Consistent with the senior procedures established for the University’s Employee Assistance Program, employees participating in an EAP who receive a notice of layoff may continue to participate in that program for a maximum of ninety (90) days following the layoff, or as otherwise agreed to by the employee has unique skills which cannot be replaced in up to three (3) monthsand the University.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It is agreed that there In the event the Hospital must reduce the workforce within a department for a period of 14 continuous calendar days or more, OFNHP can request a meeting with the leadership to review the reasons for the reduction in workforce and whether a layoff should be initiated. The meeting will be no permanent layoffsscheduled within five business days. Once the parties have met, save and except as set out below. Prior to effecting layoffs of any regular or recurring employeeif the Hospital determines that a layoff is needed in a department, the University Hospital shall institute a layoff that will take be in reverse order of seniority provided the bargaining unit members in that department are qualified to perform the work to be done. If unable to agree in the meeting, OFNHP can demand a layoff be initiated. Nothing in this language prevents the Hospital from initiating a layoff. The Hospital will provide as much advance notice as reasonably possible to the affected department(s), but in no case will this notice be less than 21 calendar days. A bargaining unit member in a department selected for layoff will have the following steps in sequential order as outlined the following order. For purposes of this Article, similar category applies to “benefited” positions and “relief” positions. Benefited bargaining unit members can bump the least senior benefited bargaining unit member, and relief bargaining unit members can bump the least senior relief bargaining unit member in Article(s) 11.4each step. If multiple positions are being eliminated, 11.5the most senior bargaining unit member shall exercise their choice among the available options in their department first. In the event that the Hospital is eliminating an entire unit, 11.6 job classification, or major portion thereof, or is combining or separating units, the Union and 11.7Hospital will discuss additional options related to such reorganization. Provisions in Article 17 shall apply to the awarding of these positions. 1. Within two (2) weeks A bargaining unit member notified of layoff shall be considered to fill any similar category posted position, provided they meet minimum qualifications for the determination that there is a need position. In all steps above, the bargaining unit member being laid off must notify management within 48 hours of receiving notice of layoff of their decision to reduce exercise their bumping rights. A bargaining unit member on layoff status will have the workforce, a meeting ability to access electronic notification of posted positions. It will be arranged between the Parties laid-off bargaining unit member’s responsibility to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the Universityapplication timelines, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in per Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible11, and the senior employee will Hospital requirements and application process, in order to be laid off and will receive considered for the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsposted positions.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It ‌ 45:01 A “layoff” is agreed that there will be no defined as any reduction in an employee’s regular hours of work. When a layoff occurs the Employer shall provide the employee four (4) weeks written notice. 45:02 If a reduction of permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employeeemployees is necessary, the University will take Employer shall meet with and advise the following steps in sequential order Union of the proposed reduction and the jobs affected as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7soon as possible. 145:03 Both parties recognize that job security should increase in proportion to length of service. Within two (2) weeks Therefore, in the event of layoff, permanent employees shall be laid off in the determination that there is a need reverse order of their seniority, within their position, within their service delivery region 45:04 The notice shall give the reasons for the layoff and its expected duration and indicate they have the option to reduce have union representation. If employees have not had the workforceopportunity to work the days as provided in this Article, a meeting will they shall be arranged between paid for the Parties to review the circumstances and to mutually explore optionsdays for which work was not made available. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts 45:05 Any permanent employee who receives a layoff notice may bump a less senior employee from the same or lower classification. 45:06 Employees who bump must possess the minimum qualifications and existing vacancies ability to determine if there is an perform the job. 45:07 An employee who is leaving or has left entitled to displace another employee in accordance with the work place whose work could be done by provisions of this Article may have a qualified employee who otherwise will be laid off. Such employee will be placed familiarization period in the new position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants 45:08 Employees who do not exercise their right to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees bump will be laid off and provided a Supplemental Employment Benefit placed on the recall list subject to top up Employment Insurance Benefits to 80% of normal wagesArticle 45:13. 5(a) Employees, who bump to a lower classification, will be paid at the step in the new position which is closest but not greater than their current pay. They will retain eligibility for increases on their pre-existing anniversary date. (b) If after having explored the above steps, it is determined by the University should happen that a layoff full time employee is bumped by way of this article and that employee bumps into a part time position, that employee shall have first right of refusal for any additional hours to a maximum of full time hours. 45:10 Employees laid off shall be placed on a recall list for twelve (12) months. A copy will be required, furnished to the least senior employee in the redundant position Union. 45:11 Employees who accept an offer of recall into a lower classification will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee mayoffered reinstatement into their former classification, if such becomes available within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.six

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff. It is agreed that there will Employees and the union shall be no permanent given at least fourteen (14) calendar days notice prior to the effective date of layoff. During period of layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed classification within the business unit, (Electric or Water) and the personnel in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees classification will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5by inverse seniority. If after having explored the above steps, it is determined by the University that a layoff Laid off employees will be required, able to bump less senior employees in lower classifications within the least senior employee in same business unit (electric or water). Laid off employees may choose to bump across business units to the redundant respective entry level position(s) (if union seniority allows). Laid off Electric division employees covered by this collective bargaining agreement may only bump to an Assistant Operator I (AOI) position will be identified and provided with notice of layoff. 6. An employee at the Filter Plant or to an Assistant Operator II (AOII) position at the Filter plant if that AOII position is filled by a member who has more seniority than 24 months or less of seniority, unless the identified employee may, within one (1) week member possesses a Class A license. Laid off Water division employees covered by this collective bargaining agreement may only bump to the positions of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s workDemin Operator or Relief Operator at Xxxxxxx. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up Bumping across business units is limited to three (3) individuals during a layoff period. Employees that transferred across units will be allowed one opportunity to bid back to their original business unit should an opening occur, seniority and qualifications being sufficient. In all instances, an employee moving to a new classification will receive the rate of pay of the new classification. An employee who is laid off shall have recall rights for a period of thirty-six (36) months to their classification in which they were laid off. Laid off employees on the recall list will be allowed to bid across unit to the entry level positions in the respective business units if a job is posted. If an employee is recalled during this period, residency rules that applied to the employee at the time of layoff shall continue to apply upon recall. For employees included in the 10/18/21 Memo from Xxx Xxxxx who are laid off shall have Water Plant recall rights, by seniority, for a period of thirty-six (36) months, employees on the recall list will be allowed to bid across the unit to the entry-level positions in the respective business units if a job is posted.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

Layoff. It (a) When a reduction in force in any line of progression is agreed that there will be no permanent layoffsnecessary, save and except as set out below. Prior to effecting layoffs of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, probationary employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5first. If after having explored the above steps, In case it is determined by necessary to further reduce the University that number of employees in a layoff will be requiredline of progression, employees who are the least senior employee in lowest on the redundant position will be identified and provided with notice of layoff.seniority list may: 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer Starting with the job classification in which the reduction is to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such casebe made, the exchange will take place as soon as possible, and employees with the senior employee will least plant seniority shall be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but removed therefrom. Such displaced employees shall have no recall rights. This provision does not apply if the senior employee has unique skills right to exercise their seniority in: (i) lower job classifications for which cannot be replaced they are qualified in up to their line of progression, or (ii) lower job classifications for which they are qualified in another line of progression, or (“Qualified” for the purpose of this subsection (ii) is defined as having held that job classification within the last three (3) monthsyears prior to the layoff. (iii) transferring to an entrance job in another line of progression, if such entrance job is held by an employee having less plant seniority, or electing to be laid off. "Entrance Jobs" are defined as follows: Control Technician-Junior Equipment Operator-Junior Performance & Industrial Hygiene Technician-Junior Stores Attendant-Junior (2) An employee who is to be displaced from an entrance job in a line of progression shall have a maximum of three (3) working days from date of being notified to exercise his plant seniority, provided he is qualified for the job involved, by transferring to an entrance job in another line of progression, if such entrance job is held by an employee having less plant seniority, or electing to be laid off. "Entrance Jobs" are defined as follows: Control Technician-Junior Equipment Operator-Junior Performance & Industrial Hygiene Technician-Junior Stores Attendant-Junior (3) After the transfers resulting from the exercise of the foregoing rights have been accomplished in all lines of progression in which such action is taken, the excess employees remaining from all lines of progression shall be laid off in accordance with their plant seniority. (4) As soon as practicable after the Company has identified with certainty those employees to be laid off under this Section 9, the Company will begin to consider each such employee for placement elsewhere. This consideration will continue until any one of the following occurs: (1) the employee is placed at the Xxxxxxxx Plant or elsewhere; (2) the employee is no longer retaining seniority rights under Section 10 below; (3) the employee is recalled under Section 11 below; or (4) the Company ceases to have a current address for the employee. The effective date of an employee's layoff shall not be delayed as a result of the failure of the Company to begin consideration of the employee for a placement elsewhere prior to such date.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It A. When an employee is agreed that there will to be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employeelaid off, the University will take shall implement such layoff in accordance with the following steps provisions set forth below. When circumstances permit, the University shall notify the local AFSCME President at least thirty (30) days in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7advance of a layoff. 1B. Employees may be laid off at any time as a result of adverse circumstances; reallocation of resources; reorganization of degree or curriculum offerings or requirements; reorganization of academic or administrative structures, programs, or functions; curtailment or abolishment of one or more programs or functions; shortage of work; or a material change of duties. Within two (2) weeks The University shall notify AFSCME when a layoff is to take place. C. The layoff unit may be at an organizational level such as a campus, division, college, school, department, area, program, or other level of organization as the Chief Executive Officer deems appropriate. In designating the makeup of the determination that there is a need to reduce layoff unit, the workforce, a meeting will be arranged between Chief Executive Officer or designee may consider the Parties to review the circumstances special qualifications and to mutually explore optionsrelevant experience required for specific positions and exclude such positions from layoff. 2D. The University shall direct laid off employees to Human Resources for employment counseling. E. Employees are to be informed of layoff as soon as practical. The Parties will explore knownWhere circumstances permit, upcoming attrition such as retirementsall employees are to be provided with at least thirty (30) calendar days’ notice. However, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could completed his/her position orientation year shall be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments given no less than fourteen (LTA14) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of calendar days’ notice of layoff or in lieulieu of thereof, plus their severance entitlementtwo weeks’ pay at the employee’s current regular hourly rate, but or a combination of notice and pay. A notice of layoff shall have no recall be sent to the employee by certified mail, return receipt requested, or delivered in person to the employee. The notice to the employee of layoff shall include the effective date of layoff, the reason for layoff and any appeal/grievance rights. This provision does not apply if , including applicable filing deadlines. F. Consistent with the senior procedures established for the University’s Employee Assistance Program, employees participating in an EAP who receive a notice of layoff may continue to participate in that program for a maximum of ninety (90) days following the layoff, or as otherwise agreed to by the employee has unique skills which cannot be replaced in up to three (3) monthsand the University.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It is agreed that there (1) The University will be no permanent layoffs, save and except as set out below. Prior continue to effecting make reasonable efforts to avert layoffs of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7bargaining unit employees. 1. Within two (2) weeks In the event of a layoff within a job classification in a department, probationary employees within the determination that there is a need job classification shall be laid off first without regard to reduce their individual periods of employment. Non-probationary Employees shall be the workforce, a meeting will next to be arranged between laid off on the Parties to review the circumstances and to mutually explore optionsbasis of their classification seniority. 2. The Parties will explore known(3) In the event a position is eliminated and the affected employee is not the least senior employee in his/her classification, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in assigned to the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved position held by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified same classification and department, provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee he/she has the minimum required qualifications (as defined in Article 18.2) skill and ability, work record and experience to perform the senior employee’s work. In such case, duties of the exchange will take place as soon as possiblejob, and the least senior employee shall be laid off. (4) In the event that an employee is scheduled to be laid off from a position in a department and there exists a vacant position in that department for which the employee is qualified on the basis of skill, ability, work record and experience, then he/she may elect to fill that vacancy in lieu of being laid off. Where two or more employees are scheduled to be laid off from a department and are qualified for a vacant position in that department, the vacancy will be offered first to the employee with the most bargaining unit seniority. (5) In the event that an employee with four or more years of bargaining unit seniority is scheduled to be laid off from one department and there exists a vacant position in another department for which the employee is qualified on the basis of skill, ability, work record and experience, then he/she may elect to fill that vacancy in lieu of being laid off. Where two or more employees are scheduled to be laid off and are qualified for the vacant position, the vacancy will be offered first to the employee with the most bargaining unit seniority. (6) In the event that an employee with less bargaining unit seniority than specified in paragraph 4 above is scheduled to be laid off in one department and there exists a vacant position in another department for which the employee is qualified on the basis of skill, ability, work record and experience, then he/she will be considered for the vacant position before other candidates. When two or more employees are scheduled to be laid off who are qualified, first consideration will be given to the one with the most bargaining unit seniority. (7) If a regular part-time Employee has greater equivalent seniority than a full-time Employee in the same classification who is to be laid off, the part-time Employee must be willing to accept full-time employment to continue working. (8) In all of the above cases, the employee who is assigned to a new position shall serve a ninety (90) day probationary period. If he/she is removed from the new position during the probationary period, he/she shall be laid off. (9) The University will provide at minimum a total of thirty (30) days’ notice of layoff or an equivalent period of time in the Casual and Temporary Program outlined in Article 41. (10) When a cashier is temporarily laid off, and given a definite date of return to work and is denied Unemployment Compensation Benefits solely because of the Amendment effective July 20, 1983 to Section 590.11 of the Labor Law, the University will pay such employee the weekly sum of $220 beginning with the second week of unemployment and during such period of temporary unemployment, said sum to be reduced by any amount earned as a result of any type of employment during the layoff period. Under no circumstances will the above payment be made after the return date given to employee at the time of layoff, or during a period for which Unemployment Compensation Benefits are paid. Part-time cashiers on temporary layoff shall receive payments on a pro-rata basis. Full-time and part-time cashiers on temporary layoff shall continue to receive the medical benefits they received while employed. In the event that the layoff allowance for other dining services employees represented by Local 1199 is increased during the term of this agreement, cashiers represented by Local 2110 will receive the remainder same increase. The Department will make every effort to assess its summer staffing needs prior to the end of notice the spring semester. Based on operational needs, Cashiers will be retained during the summer months in order of their seniority within their location. Replacement or additional Cashiers, as needed, will be recalled in the same seniority order. If there is no Cashier from within the location who is available to work, Cashiers scheduled to be laid off or on layoff from other locations will be recalled in lieuorder of their seniority prior to the University hiring a temporary employee or outside applicant, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced except in up to three (3) monthsan emergency situation.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It is agreed that there 11.1 Layoff shall be defined as a cessation of employment due to a reduction in staffing within a classification and/or the department on either a temporary or a permanent basis. The decision to lay off employees and the extent of such layoff shall be reserved in the sole discretion of the University. The just cause standard of Article 13 does not apply to layoff situations. Employees will be no permanent layoffsadvised, save to the extent it is known, how long the period of layoff shall be. In cases where it is known by the Department that the layoff will be permanent, then the Chief will meet with the Union to discuss the planned layoff and except as set out below. Prior to effecting layoffs the effects of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7decision. 1. Within two (2) weeks 11.2 Employees shall be selected for layoff on the basis of a consideration of multiple factors including their training, their experience, their ability, and their qualifications to perform the determination that there is a need to reduce the workforceremaining unit work, a meeting will be arranged between the Parties to review the circumstances of their prior performance of unit work, and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end their length of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed service in the position. 3classification. NextWhen, in the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs judgment of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above stepsall factors are equal, it is determined by the University that a layoff will be required, then the least senior employee in a given classification shall be laid off first. For purposes of this article, seniority shall refer to the redundant position will be identified and provided with length of continuous service within the classification. 11.3 Employees who are laid off shall receive at least two weeks’ notice of any layoff. 6. An employee 11.4 Employees who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be are laid off shall maintain recall rights to return to the same position from which they were laid off for a period of eighteen (18) months, provided they are qualified and have the requisite skills and abilities for the position. Employees who are laid off will receive also be notified of other vacancies within the remainder of notice of layoff in lieu, plus Department and may apply for such positions. Employees who are laid off shall maintain their severance entitlement, but shall have no recall rights. This provision does not apply if positions on the senior employee has unique skills which cannot be replaced in seniority roster for up to three eighteen months and shall accrue additional seniority during that time. If recalled to work by the Department within eighteen months in the original classification, employees shall return to the Police Services Department with the same seniority they had accrued at the time of the recall. If hired into any other classification within the Department, they shall return as new employees and be rehired with a new seniority date. If during the 18 month period an opening develops in their original classification after they have taken another position within the Department, they may return to the original classification with no loss of seniority. The University shall recognize their total length of service for fringe benefit purposes if they are rehired into another classification within the 18 month period. 11.5 Employees who are laid off shall notify the Department of any change in address or phone number in order to provide a contact point for recall or notification of vacancies which may arise within the Department during the term of their layoff. Once recalled to work by written notice sent certified mail, employees must report for duty within fourteen (314) calendar days of notification or they shall forfeit all recall rights unless their failure to report was due to proven illness or injury. 11.6 Laid off employees who are not recalled to their original classification or are not rehired into some other classification shall, at the conclusion of eighteen (18) months, be considered terminated by the University.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It is agreed that there f. Section A. 1. B. shall not apply to bus drivers, bus attendants and Nutrition Services during the first forty-five (45) calendar days of the school year. These forty-five (45) calendar days are considered the adjustment period for these Departments. Any reduction of hours outside the forty-five (45) calendar days will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs follow the terms of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7this Article. 1. Within A layoff shall be defined as the elimination of a position resulting in the loss of employment by a bargaining unit member for non-disciplinary reasons. 2. In the event layoff becomes necessary, the District will notify the Union in writing, in advance, 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 fourteen (14) days when it is to be in the current school year. 3. When layoffs remain necessary following the discussion above, the District will consider employees’ requests to take voluntary layoff until the necessary reduction is met. If voluntary layoffs are not accepted or do not meet the necessary reduction in the workforce, additional layoffs shall be made. The District shall notify the Union of any employees electing to take a voluntary layoff. 4. Layoffs shall not affect permanent bargaining unit employees until the District has laid off temporary employees first, then probationary employees holding positions in the affected classifications. 5. Layoff will be in the inverse order of seniority District wide, within the affected position (as shown on the bumping chart attached to this Agreement). However, a less senior employee may be retained, and the next senior employee laid off, provided the least senior employee possesses skills and/or abilities the more senior employee does not possess and which are relevant to the position and which cannot be learned by a more senior employee in the classification group within a reasonable amount of time (generally ten (10) days). 6. The District shall notify the Union in writing of any processes, which result in a less senior employee being retained over a more senior employee. 7. An employee who is laid off shall be entitled to “bump” the least senior employee in any other position in which that employee has worked, or in a lower position in the same classification the employee works or has worked, with the equivalent number of hours or fewer, provided the employee’s experience and qualifications meet the requirements of the position. An employee who wishes to exercise the employee's bumping rights must notify the District within five (5) working days of notification of the employee's layoff status. 8. Employees designated for layoff shall be given at least fourteen (14) calendar days of written notice of layoff. A copy of such notice will simultaneously be sent to the Union. This notice does not apply to an emergency of less than two (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionsin duration. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.

Appears in 2 contracts

Samples: Management Agreement, Management Agreement

Layoff. It is agreed that there will be no permanent layoffsIn the event of necessary layoff due to a decreased student enrollment or shortage of revenue, save and except as set out below. Prior to effecting layoffs changes, revisions, or elimination in programs the order of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7.reduction shall be 1. Within two (2) weeks of the determination that Probationary teachers shall be laid off first, according to seniority. A probationary teacher shall not be laid off unless there is a need more senior probationary teacher who is certified and qualified to reduce perform the workforce, a meeting will be arranged between duties of the Parties to review the circumstances and to mutually explore optionsremaining positions. 2. The Parties will explore knownIf further reduction of teaching personnel is necessary, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will tenure teachers shall be laid off. Such employee will be placed in off on the positionbasis of least senior tenure teacher(s) first, provided there are remaining teachers certified and qualified to fill the vacancy thus created. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or Tenure teachers shall be laid off only after all probationary teachers have been laid off who are on probation certified and qualified to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positionsteach in that area. 4. The Parties will explore In the possibility event it becomes necessary to reduce the number of a short-term teachers through layoff of no more than twentyemployment, or to reduce the number of teachers in a given subject area, field, or program, or eliminate or consolidate position(s), the Board shall determine the order of layoff provided, however, such action shall not be contrary to Section A. The Board shall endeavor to give forty-six five (2645) weeks. Should this meet calendar days' notice of layoff to the needs of the Universityindividual involved, employees will and in any event, thirty (30) calendar days' notice shall be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wagesgiven in all cases. 5. If after having explored It is further agreed that any layoff pursuant to this Article shall automatically terminate the above steps, it is determined by individual employment contract of all laid off teachers and shall suspend for the University that a layoff will be requiredduration of the layoff, the least senior employee in the redundant position will be identified Board's obligation to pay salary or fringe benefits and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be any laid off and will receive the remainder of notice of teacher's individual or supplemental employment contract as well as all benefits under this collective bargaining agreement, except that any teacher on layoff in lieu, plus their severance entitlement, but pursuant to this Article shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to their hospital and dental insurance extended for three (3) months. 6. Any teacher on layoff shall be recalled in inverse order of layoff provided he/she is certified and qualified for the vacancy. No new teacher shall be employed by the Board while there are teachers of the district who are laid off unless there are no laid off teachers with proper certification and qualifications to fill any vacancy which may arise. 7. The Board shall give written notice of recall from layoff by sending a certified letter to said teacher at his/her last known address. It shall be the responsibility of each teacher to notify the Board of any change in address. The teacher's address as it appears on the Board's records shall be conclusive when used in connection with layoffs, recall, or other notice to the teacher. If a teacher fails to report as being available to work ten (10) calendar days from date of sending of the recall, unless an extension is granted in writing by the Board, said teacher shall be considered as a voluntary quit and shall thereby terminate his/her individual employment contract and any other employment relationship with the Board. 8. A laid off teacher shall, upon application, be granted priority status on the district substitute teaching list, such priority to be determined according to seniority.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It Employees who have acquired job classification seniority rights in accordance with this Agreement shall not be laid off unless all temporary, contract, probationary, and part-time employees in the same job classification have been laid off. Employees who have acquired seniority rights in accordance with this Agreement shall be scheduled for layoff within the affected job classification in reverse order by job classification seniority. Employees shall be recalled to work in reverse order by job classification seniority. Employees shall be recalled to work, in order of their seniority in the job classification, provided they are qualified to do the work available. In the event that more than one employee is agreed that there hired on the same date, the employee holding the lowest employee number shall be deemed to possess the highest Company seniority. The Bargaining Committee and Chairperson will be no permanent layoffsretained in their job classifications during their respective terms of office, save and except as set out belownotwithstanding their position on the seniority list, provided the Company has work available in their job classification which they are qualified to perform. Prior In the case of a general layoff of full-time employees due to effecting layoffs curtailment of any regular or recurring employeestaff, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within where such layoff is to exceed two (2) weeks weeks, the Company will provide affected employees and the Union Chairperson with at least five (5) working days’ notice of the determination layoff. If a laid off employee fails to report to work within fourteen (14) calendar days, following the date on which the Company sent a notice of recall by registered mail to the employee, at the last address filed with the Company, the employee shall not be entitled to that there is a need job. Such notice shall be copied to reduce the workforce, a meeting will be arranged between Chairperson. Failure on the Parties part of the employee to review keep the circumstances and to mutually explore options. 2Company advised of the current address shall relieve the Company of any responsibility for notification under this Agreement. The Parties Company will explore known, upcoming attrition such as retirements, resignations, end provide the chairperson of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by Bargaining Committee with a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% or recalled within five (5) calendar days of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if or recall. Employees on layoff may apply for any job vacancy arising out of a job posting provided they have the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such casequalifications, the exchange will take place as soon as possible, skills and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsability.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff. It is agreed that there will be no permanent layoffs, save and except as set out below1. Prior to effecting layoffs of any regular or recurring employeeimplementing a District-wide reduction in personnel, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks Superintendent or designee shall meet with representatives of the determination that there is a need FOPE to reduce discuss the workforce, a meeting will be arranged between the Parties to review the circumstances proposed Board action and to mutually explore optionssolicit their suggestions. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end Board shall then determine the net number of contracts positions to be reduced and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed classification in the positionwhich layoff shall occur. 3. NextFor the purposes of this layoff procedure, "work location" shall be defined as either a school, or a center, or, in the case of county employees, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positionsdepartment. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will Employees shall be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% by job classification at the work location in reverse order of normal wagestotal county seniority with the least senior person being laid off first. 5. When employees of the same job classification at the same work location have the same total county seniority, lay off shall be in reverse order of total work location seniority. 6. When employees of the same job classification at the same work location have the same total county seniority and the same total work location seniority, lay off shall be based on the employment date as reflected on the Personnel Action Form (PAF) with the person having the most recent employment date being laid off first. 7. For the purposes of this Article, as soon as any bargaining unit member receives notification that he/she is not being reappointed to his/her current position in the subsequent fiscal year, a lay- off/recall list for the subsequent fiscal year shall be established for the specified job classification. No vacancy for any position in a fiscal year for which a lay-off/recall list exists shall be posted until said lay-off/recall list has been exhausted. Nothing in this section shall prohibit the effected employee from applying for any vacancy posted in the current fiscal year for which the employee is qualified. 8. The order of layoff shall be as follows: a. First - Temporary employees shall be terminated. b. Second - Probationary employees shall be terminated. c. Third - Permanent part-time employees shall be laid off. d. Fourth - Permanent full-time employees shall be laid off. 9. If after having explored layoffs occur, written notice of layoff will be given to the above stepsemployee and to the FOPE twenty (20) working days before the action is to become effective. Should an employee be laid off without notice, it then the employee shall receive full pay and benefits for the required period of notice. 10. Any employee who would have qualified for retirement during the school year in which the layoff takes place may, with the approval of the Superintendent, be permitted to work through the date in order to qualify for retirement. 11. Any employee who is determined by laid off/terminated due to the University that elimination of his/her job shall be placed on the recall list and the recall procedure as outlined below will apply. Written notice of such a layoff will be requiredgiven to the employee and to the FOPE twenty (20) working days before the action is to become effective. Thereafter, the least senior FOPE may request and shall be entitled to receive written documentation from the Board showing the basis for the job elimination. In the event the employee in believes that the redundant position will be identified and provided with notice of layoff was arbitrary or capricious, the employee may file a grievance to protest the layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It 31.1 Bargaining unit employees shall not be laid off if the City is agreed using temporary employees to do their work. Temporary employees will not be utilized to do the work of bargaining unit employees on the layoff list. 31.2 Layoffs are that there will the discretion of the City. A layoff is defined as a separation of employment. Layoffs may be no permanent due to an elimination of positions. An employee shall be given written notice of layoff or pay in lieu of notice, at the employee’s option, at least thirty (30) calendar days before the effective date, stating the reasons for the layoffs, save and except as set out the options the employee has (see below). Prior The employee shall have seven (7) calendar days from the receipt of the layoff letter to effecting layoffs notify the City of any regular or recurring the employee's option. A copy of the layoff letter shall also be forwarded to the Union. Upon request by the Union, the University will take City shall meet with the Union to discuss alternatives to layoff. 31.3 The layoff procedure shall occur in the following steps manner: (a) The City shall notify, in sequential order as outlined writing, all affected employees of the employee's seniority and the employee's contractual rights. The City shall notify the Union of the seniority of all employees in Article(s) 11.4, 11.5, 11.6 and 11.7all affected positions in writing. (b) The City shall determine the specific positions to be eliminated and employees in those positions shall be notified of layoff. If the City selects positions occupied by employees who have greater seniority than other employees with the same classification in a department, the City shall meet with the Union to discuss its decision. Except in the case of a medical layoff where the parties engaged in the interactive process, an employee who is notified of layoff shall have the following options: (1) Accept the layoff. (2) Request assignment to a vacant position within the City for which he/she possesses the necessary qualifications. (3) Displace the employee with the lowest seniority in the same classification in the designated layoff area if the employee is qualified for that position. (4) Displace the employee with the lowest seniority in a classification with a lower pay range in the designated layoff area if the employee is qualified for that position. (5) Displace the employee with the lowest seniority in a classification in the designated layoff area in which the employee has prior service. Within Displaced employees shall be allowed to select option 1 through 3 above. If there is no position available via those options, the employee may select either option 4 or 5. (c) For the purpose of this Article, if passing a test is a requirement for new hires for a particular position, a "qualified" employee must pass or have passed the test new hires must pass to be considered for the position. (d) For the purpose of this Article, “designated layoff area” shall be considered to be (1) Public Works* (2) Community and Economic Development* (3) Finance, Information Systems, GIS and Municipal Court (4) Mayor’s Office and Programs, City Attorney (5) Library (6) Police *Support Specialist positions in Public Works and Community and Economic Development may bump between these two (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances departments. Facility Maintenance positions and to mutually explore optionsSite Development Division employees shall have Public Works as their designated layoff area. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is 31.4 Employees who displace an employee who is leaving or has left in a lower classification shall go to the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the positionstep closest to, but not higher than, their current salary. 3. Next, the Parties will examine the list 31.5 Ties in seniority shall be broken by date of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5application. If after having explored the above stepsa tie still exists, it is determined shall be broken by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layofflot. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It The parties agree that the effect of a layoff is agreed negotiable, therefore, the following language is intended to both clarify and establish procedures for any impending layoffs realized by members of the Bargaining Unit and any subsequent recall. A. In the event of layoffs, employees shall be laid off from the affected classifications within the Department in the following order: 1. Temporary employees 2. Seasonal employees 3. Probationary employees 4. Full-time regular employees B. If temporary employees or probationary employees are being utilized in a different classification in that there Department, that work will be no permanent layoffsoffered to qualified employees who are being laid off. C. In the event of a layoff for any reason, save and except as set out belowemployees shall be laid off in the inverse order of their seniority within their job classification within their Departmental Division. D. Employees being laid off shall be given written notice of such layoff thirty (30) days prior to the layoff. Prior to effecting layoffs Said notice of any regular or recurring employeelayoff shall identify what options, if any, an employee shall have in lieu of layoff. E. Options in lieu of layoff: For the purpose of this section, the University will take use of the following steps term “may” only relates to whether or not the facts exist which establish the layoff option. If the option exists, it is mandatory that the City identify it in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7the notice of layoff under Section D above. 1. Within two (2) weeks SAME JOB CLASSIFICATION WITHIN DEPARTMENTAL DIVISION: Employees may be given the option to supplant any less senior employee within their Departmental Division who occupies the same job classification as the laid-off employee. If this option exists, none of the determination that there is a need to reduce the workforce, a meeting will other options listed below shall be arranged between the Parties to review the circumstances and to mutually explore optionsoffered. 2. The Parties will explore knownLOWER JOB CLASSIFICATION WITHIN DEPARTMENTAL DIVISION: Employees may be granted, upcoming attrition such as retirementsan option in lieu of layoff, resignationsthe opportunity to take a demotion to a lower job classification, end of contracts in which he or she has previously held status within their Departmental Division, if he or she has the ability and existing vacancies current qualifications to determine if there is an employee who is leaving or has left perform the work place whose work could be done by a qualified of that position. The employee who otherwise will be laid off. Such being displaced shall then have the same opportunities as any other employee will be placed in the positionsubject to layoff. 3. Next, VACANT POSITION WITHIN THE BARGAINING UNIT: Employees may be granted the Parties will examine the list of employees holding contract positions, opportunity to be placed in any other Department in a vacant position for which he or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee she has the minimum required ability and qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.to

Appears in 2 contracts

Samples: Working Agreement, Working Agreement

Layoff. It is agreed Section 26.01 Unless otherwise qualified by this agreement members are subject to USNH policies relative to layoff. The parties further acknowledge that there will be no permanent layoffsunder Article 31, save Management Rights and except as set out below. Prior to effecting layoffs Article 29, Effect of any regular or recurring employeeAgreement, the University will take retains the following steps authority and right to amend said policies from time to time and agree to abide by the terms of said policies as in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7effect at the time of application. 1. Within two (2) weeks Section 26.02 Layoff is the involuntary separation of a staff member from the determination that there is a need job, without pay, due to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirementslack of work, resignationsseasonal conditions, end of contracts and existing vacancies to determine if there is an employee who is leaving technological or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular programmatic change and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term financial difficulty. Layoff is used only when there is reasonable expectation of recall. It is inappropriate to use layoff to address performance problems, or to discipline a member. The period of no more than twenty-six (26) weekslayoff shall not exceed one year from the date of layoff. Should this meet Affected members shall be entitled to recall during the needs period of layoff. If not recalled during the Universityperiod of layoff, employees members will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wagesterminated. 5. If after having explored the above steps, Section 26.03 In cases where it is determined known by the University Department that a the layoff will be requiredpermanent, then the Chief will meet with the bargaining unit to discuss the planned layoff and the effects of the decision. Section 26.04 Members shall be selected for layoff on the basis of increasing seniority. Section 26.05 Members who are laid off shall receive at least senior employee in the redundant position will be identified and provided with ninety (90) days' notice of any layoff. 6Section 26.06 Members who are laid off shall maintain their positions on the unit seniority roster during the recall period and shall accrue additional unit seniority during that time. An employee who has more seniority than If recalled to work within the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such caserecall period, the exchange will take place member shall return with the same unit seniority he or she had accrued at the time of the recall. Section 26.07 If hired into any other classification, the member shall return as soon a new employee and be rehired with a new seniority date. Section 26.08 If an opening develops in the member's original classification after he or she had taken another position within the Department, he or she may return to the original classification with no loss of seniority. Section 26.09 The University shall recognize the member's total length of service as possible, and the senior employee will be outlined in Section 26.10 Members who are laid off and will receive shall notify the remainder Department of notice any changes in address or phone numbers in order to provide a contact point for recall or notification of layoff in lieu, plus vacancies which may arise with the Department during the term of their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthslayoff.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It is agreed that there will Layoffs shall be no permanent layoffs, save and administered in accordance with university policy except as set out stated below. Prior to effecting layoffs of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7.: 1. Within two (2) weeks of the determination that there is a need Seniority will prevail in layoffs due to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionseconomic reasons or reorganization. 2. The Parties will explore knownWithin their respective departments/work units, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will regular supervisors shall not be laid off. Such employee will be placed off before temporary or newly hired probationary supervisors in the positionsame job classification. 3. NextBumping Rights a) First, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a an employee identified for layoff will be requiredoffered the opportunity to fill a vacancy in his/her current title within the operating unit and campus. If the employee chooses not to accept the vacancy offered, the employee may opt to be placed on the recall list. b) Second, if a vacancy pursuant to “a” above is not available, the employee will be offered a vacancy in his/her current title on the campus. If the employee chooses not to accept the vacancy offered, the employee may opt to be placed on the recall list. c) Third, if a vacancy pursuant to “a” or “b” above is not available, the employee will be offered the opportunity to fill a vacancy in the employee’s current or immediate prior title University-wide. If the employee opts not to fill a vacancy offered under this section, the employee may opt to be placed on the recall list. d) Fourth, if the employee is not placed in a vacancy pursuant to “a”, “b” or “c” above, the employee may bump the least senior employee in his/her current title within the redundant position will operating unit and campus. If an employee opts not to exercise his/her bumping rights under this section, the employee may opt to be identified and provided with notice of layoffplaced on the recall list. If the employee is unable to bump under this section, the employee may exercise rights under “e” below. 6. An employee who has more seniority than the identified employee maye) Fifth, within one (1) week of notice under step 5, volunteer to take the layoff if the junior opportunity to bump is not available pursuant to “d” above, the employee has may bump the minimum required qualifications (as defined least senior employee in Article 18.2his/her current title campus-wide. If an employee opts not to exercise his/her bumping rights under this section, the employee may opt to be placed on the recall list. If the employee is unable to bump under this section, the employee may exercise rights under “f” below. f) Sixth, if the employee is not offered the opportunity to perform bump pursuant to “e” above, the employee may bump the least senior employee in his/her immediate prior title campus-wide, provided the employee’s workprior held title is in a CWA bargaining unit. In such caseIf the employee opts not to exercise his/her bumping rights under this section, the exchange employee may opt to be placed on the recall list. g) Seventh, if the employee is not offered the opportunity to bump pursuant to “f” above, the employee shall be offered the opportunity to fill a vacant position University-wide, other than in the employee’s current or immediate prior title, for which the employee is qualified. If the employee opts not to exercise his/her rights under this section, the employee may opt to be placed on the recall list. h) Employees who exercise rights under provisions “a” through “e” above will take place as soon as possiblenot be required to serve a probationary period. i) A staff member who chooses to fill a vacancy or to bump another staff member, and is subsequently informed by the senior employee will campus Human Resources department that the salary of the vacant or bump position is more than 10% below his or her current salary, shall be laid off allowed to reconsider their decision and will receive to go on to the remainder recall list. (See Appendix A for a listing of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not University Operating Units as they apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsLayoffs and Bumping.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It 20.01 A layoff is agreed that there will be no permanent layoffs, save and except defined as set out below. Prior to effecting layoffs a reduction in the hours of any regular work or recurring employee, a reduction in the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7work force. 1. Within two (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an 20.02 A permanent employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will to be laid offoff will receive written notice of at least thirty (30) days prior to layoff. 20.03 Both parties recognize that job security should increase with length of service. Such Therefore, in the event of a layoff, permanent employees shall be laid off in the reverse order of seniority subject to ability and qualifications to perform the job. 20.04 A permanent employee shall be recalled in order of their seniority subject to ability and qualifications to perform the job. 20.05 In the event of layoffs of Educational Assistants, occurring during the school year due to the discontinuance of any job, an employee may displace a less senior employee provided that the employee has the ability and qualifications to perform the job or the employee may accept a layoff. The then displaced Educational Assistant may displace the most junior Educational Assistant regardless of hours or accept a layoff provided that the employee has the ability and qualifications to perform the job. 20.06 No new permanent employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be hired until those laid off have been recalled to full employment (equal to the number of hours they previously worked), subject to ability and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior job. 20.07 Temporary/Supply assignments will be offered to laid off employees prior to being offered to any other person. If a laid off employee refuses a temporary/supply assignment, such refusal shall not affect the employee’s workrecall rights. 20.08 Grievances concerning layoffs due to a reduction in the work force shall be initiated at Step 2 of the Grievance Procedure. RECALL 20.09 Permanent employees who are laid off will be placed on a recall list and will be retained, subject to the provisions of this Collective Agreement but not accrue seniority. No permanent employees shall be hired until those laid off have been given an opportunity of recall. 20.10 Notice of recall to work shall be directed by registered mail to the employee's last address on file with the employer. It shall be the responsibility of the employee to keep the employer informed of the employees current address. 20.11 In such caseaccordance with 18.01(d), the exchange will take place as soon as possible, and recalled employee must notify the senior employee will be laid off and will receive employer in writing of the remainder employee’s intention within five (5) working days of receiving the recall notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsreturn to work.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It If and when a reduction or reorganization in the workforce is agreed that there will be no permanent necessary, following at least thirty (30) calendar days notice, for fiscal necessity based layoffs inclusive of opportunity for the Group Review Committee to respond and sixty (60) calendar days notice for reorganization based layoffs, save and except layoff shall occur through deletion of Professional Staff position(s) as set out below. Prior to effecting layoffs of any regular or recurring employee, determined by the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1Employer. Within two seven (27) weeks calendar days of the determination that there is receipt of official written notice of layoff due to a need to reduce reduction or reorganization in the workforce, a meeting will university funded employee shall be arranged between specifically permitted to submit, in writing, application for and then receive good faith review of up to five (5) continuing positions whose incumbents are university funded and hold the Parties least seniority in the same generic position classification from which the laid off employee holds greater seniority. Employees who have completed three full years of service in (a) the same grant-funded position; or (b) different associated-represented positions under the same grant funding source, are eligible to review participate in the circumstances and to mutually explore options. 2bumping process outlined herein. Employees who have not completed three full years of service as outlined above do not have bumping rights, regardless of the length of other university funded employment. The Parties will explore known, upcoming attrition such as retirements, resignations, end Employer shall consider all requests to bump in order of contracts and existing vacancies to determine if there is an employee who is leaving or has left seniority service of the work place whose work could be done by a qualified employee who otherwise will be laid offapplicant. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to The Employer shall determine whether the redundancy can be resolved by terminating one or more such positions and redeploying applicant is qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, bump the least senior employee in the redundant positions applied for. If the Employer determines that the applicant is not qualified to bump in that position, the Employer shall determine whether the applicant is qualified to bump the next least senior employee in the positions applied for. This process shall continue until the applicant is deemed qualified for a bump or all five (5) positions have been considered. If the displaced employee is determined to hold the qualifications for the position will reviewed, the employee shall be identified permitted to exercise his/her seniority rights to displace an employee with less seniority in the generic job classification for which the employee currently holds seniority or for which the employee holds seniority service credit accumulation, in the job classification from which a position was held immediately prior to the current job classification from which the employee is being laid off. Displacement is potentially available only for and provided with notice of layoffwithin the following two (2) groupings: a. Assistant Director, Administrative Assistant I, Assistant to Xxxx, Assistant to Director, Assistant to Chair, Assistant to Sponsored Chair, Program or Function Coordinator or Manager. 6b. Professional Service Librarian (excluding Head Librarian) professional specialists within the specific specialty area. An The Employer retains its right to determine whether an employee who has more seniority than possesses the identified employee mayqualifications to fill the position into which he/she seeks to bump. Qualification determination shall be based upon the qualifications set out by the position description, within one (1) week as may be amended from time to time, as matched with the bumping applicant's qualifications and performance record. Consideration of notice under step 5performance as negatively effecting qualifications herein, volunteer shall be restricted to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possiblea formal performance record that is officially, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieuwriting, plus their severance entitlement, but shall have no recall rightsless than satisfactory overall or a performance record evidencing active disciplinary status. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.Within seven

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. a. In the event of a layoff in a job classification, temporary employees shall be laid off first, then probationary employees before either regular full-time or part-time employees. Layoffs will occur on the basis of their attained Bargaining Unit seniority. For the purpose of layoff, Respiratory Therapy Technicians and Respiratory Therapists shall be considered as a single job classification. In addition, Medical Technologists and Medical Lab Technicians shall be considered as a single job classification for layoff purposes. However, in no event shall all Medical Technologists be laid off. b. In the event a full-time or part-time, permanent, non-probationary employee is scheduled to be laid off from a classification, he/she may displace another employee within the department on the basis of Bargaining Unit seniority, provided he/she is qualified to perform said job. The immediate supervisor shall determine the employee’s acceptability during a fourteen (14) day orientation/evaluation period. c. It is agreed recognized that there an employee may be retained due to special training, knowledge or ability who has less seniority than one who is to be laid off (e.g., mammography). If this occurs the Hospital will state the reason therefore in writing to the Union and the affected employee. Such special training, knowledge or ability must be no permanent layoffsnecessary to the performance of the job, save and except as set out below. Prior to effecting layoffs must not be obtainable by the more senior employee within a two-week period of any regular or recurring employee, on the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 job training and 11.7orientation. 1. Within d. Employees scheduled to be laid off shall be entitled to two (2) weeks weeks’ notice or pay in lieu thereof. Such notice shall also be given to the Union no later than it is provided to the employees. The Hospital shall meet and discuss on such layoffs in advance of the determination that there is a need to reduce the workforceinitiation of said layoff, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionswhen possible. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is e. In the event an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants scheduled to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off from a department, he/she may bid for an open position and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% shall be given priority for such position before transfers of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of employees not facing layoff. 6. An employee f. Employees who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be are laid off and may exercise the option of entering the pool. The Hospital will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up make an effort to three (3) monthsutilize laid off employees for pool assignments when possible.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It is agreed that there will In the event of a reduction in the working force of a job classification, employees working within the job classification, department, and shift affected shall be no permanent layoffsdisplaced in reverse order of seniority. A. Employees displaced in accordance with this section may elect to be laid off, save and except or in the alternative, shall bump other least senior employees as set out below. Prior to effecting layoffs of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7.follows: 1. Within two The displaced employee shall bump the least senior employee working in the same job classification and department on another shift. If there is no one to bump, then, 2. He shall bump the least senior employee regardless of shift in an equal rated job classification in any department provided he has successfully held such job with the Company for a period of not less than three (23) weeks months (the classification of the determination employee to be bumped). A ten (10) working day trial period will not be required if the classification had been held as stated. If not successful above, the displaced employee shall be given an opportunity to bump a less senior employee in any department or classification in which they have the ability to perform the minimum duties of that job. If there is a need dispute as to reduce employee’s ability to perform the workforcejob, it will be resolved by the Plant Manager / Human Resources Representative, Committee Chairman and employee prior to the bump. If the bump is allowed, a meeting ten (10) working day trial period will be arranged between given and if the Parties employee fails to review demonstrate to the circumstances and Company the ability to mutually explore optionsperform the job they shall then relinquish all rights to any other bumping option other than a less senior employee in the helper classification. 2. The Parties B. In no event will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will allowed to bump upward. C. The Company shall give at least seven (7) calendar days notice to employees that are to be laid off, provided however that this applies only to the original employee(s) and not to employees that may be bumped as a result of the announced layoff. Such employee The Union will be placed in the position. 3. Next, the Parties will examine the given a list of the original employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided also a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% list of normal wagessuccessive laid off employees. 5. If D. Employees who leave the Company area after having explored being told of the above stepslayoff without making their bumping plans known to their supervisor or the Plant Manager / Human Resources Representative will be considered to have elected to be placed on layoff and that they will not exercise bumping. E. When an employee terminates for any reason, it is determined or when an employee requests tools to be removed from Company premises, that portion of the tools that are being purchased on a payroll deduction basis by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive released only to the remainder extent that the tools have been paid for by the person. If only a portion of notice the tools have been paid for at layoff or termination, only that portion of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot tools may be replaced in up to three (3) monthsremoved from the Company premises.

Appears in 2 contracts

Samples: Collective Bargaining Agreement (Boston Gear LLC), Collective Bargaining Agreement (Altra Holdings, Inc.)

Layoff. It 1. When the District is agreed that there contemplating the layoff of any employee, it will notify the Union as soon as the need for such a reduction is evident and prior to making such a recommendation to the School Board. The notice will be in writing and will include the specific positions to be affected, the proposed time schedule, and reasons for the proposed action. Notice to the Union shall be no permanent layoffs, save and except as set out below. Prior less than twenty (20) District business days prior to effecting layoffs the effective date of any regular or recurring employee, layoff and shall be issued prior to notification being issued to the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionsaffected employee(s). 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts Union shall be provided the opportunity to present its position on any proposed layoff’s and existing vacancies to determine if there is an employee who is leaving or has left present any alternatives to layoffs to the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in Board prior to the positionBoard’s final action. 3. NextIn the event it becomes necessary to lay off employees for any reason, the Parties affected employees shall be laid off within the layoff categories described in Section A paragraph 4 of this Article in the reverse order of their seniority unless the District wishes to retain a less senior employee on the basis of greater skill, ability or qualifications. In such cases, the District shall have the burden of proof for such action. Layoffs will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positionsmade within job title classifications. 4. The Parties will explore Employees shall be laid off from their position with a specific job title within the possibility following categories, specifically associated with their eligibility for benefit: 1) Full time - Regularly scheduled to work six (6) or more hours per day; 2) Part time benefitted - Regularly scheduled to work not less than four (4) nor more than six (6) hours per day; and, 3) Part time unbenefited - Regularly scheduled to work less than four (4) hours per day. A reduction in hours that results in an employee moving downwards in layoff category shall constitute a layoff (e.g., an employee whose hours are reduced from six (6) hours per day to five and one-half (5½) hours per day shall be considered laid off). A reduction in hours that does not result in an employee moving downwards in layoff category shall not constitute a layoff (e.g., an employee whose hours are reduced from eight (8) to six (6) hours per day shall not be considered laid off). 5. Seniority shall be defined as the total length of continuous service within the District, regardless of job title and includes work in any of the unifying Districts prior to unification. In the event of a short-term layoff tie, the employee with the greatest continuous service in the affected job title shall be retained. Ties remaining thereafter shall be broken by drawing of no more lots by the OSEA Chapter 110 President or his/her designee and the District’s personnel administrator or his/her designee. 6. Employees to be laid off shall be given advance notice of not less than twenty-six twenty (2620) weeksDistrict business days. 7. Should this meet the needs of the University, employees will Employees who are to be laid off and provided who have worked for the District in a Supplemental Employment Benefit job title within a lower pay grade than the one from which they have been laid off shall be able to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, “bump” the least senior employee in the redundant position will former job title and in the same benefit category on the basis of seniority, as long as they worked in the former job title for the District within the past five (5) years. Employees exercising this option shall be identified and provided with notice of layoffplaced on the wage schedule in the pay grade which they have bumped at the wage level closest to the one they had prior to being laid off. 68. An employee who has more seniority than The District will provide employees on layoff with the identified employee may, within one (1) week same insurance they had prior to layoff for a period of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months. Such insurance coverage may be continued by the laid off employee after the three (3) month period at their own expense or as provided by law. Laid off employees who accept other employment shall not be eligible for extension of group insurance.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It is agreed that there will be no permanent layoffs, save and except as set out below1. Prior to effecting layoffs If the County must reduce the number of any regular employees within a classification or recurring employeewithin the Department, the University will take employee with the following steps least amount of bargaining unit seniority shall be selected for layoff. The employee so selected shall have the right to bump a less senior bargaining unit employee in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks an equal or lower classification of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed employee's choosing in the position. 3. NextDepartment, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more provided such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee maybeing bumped, within one and provided further that such employee meets the same minimum qualifications as would be expected of anyone obtaining the job through the normal job posting procedure. 2. An employee who is bumped in accordance with Paragraph 1 above shall be afforded the same bumping rights provided in paragraph 1 above, but if such employee is unable to bump any other employee, such employee shall be placed on layoff. 3. Where two (12) week or more employees have the right to bump, the above bumping rights shall be exercised by such employees in order of notice under step 5, volunteer their bargaining unit seniority from most senior to take least senior. 4. An employee bumping into a different position shall serve the layoff if the junior normal probationary period for that position. An employee has the minimum required qualifications (as defined in Article 18.2) who proves unable to perform the senior employee’s work. In such case, work in the exchange will take place as soon as possible, and the senior employee will probationary period shall not be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlementallowed to again exercise bumping rights, but shall have no recall rightsbe placed on layoff. This provision does not apply if the senior During such probationary period, an employee has unique skills which canmay voluntarily choose to be placed on layoff, but shall not be replaced allowed to again exercise bumping rights resulting from that layoff. 5. An employee who is bumped out of his/her position shall have the preferential right to return to such position if, for any reason, it should become vacant within sixty (60) days from the time the employee is bumped from it. 6. Employees laid off in up a reduction of force shall have their seniority status continue for a period equal to their se- niority at the time of layoff, but in no case shall this period be less than three (3) monthsyears. While any employees hold layoff seniority status, they shall be given the oppor- tunity to be recalled and placed in vacant jobs by using the job posting procedure. Laid off employees holding seniority status shall be sent copies of all job postings as they occur. In the event an employee declines to return to work when recalled under this section, such employee shall forfeit all accumulated seniority rights.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It Seniority will prevail on layoffs due to lack of work in the job classification or reductions due to economic considerations. For layoff, seniority is agreed that there determined on a floor/unit (e.g. G-Blue, F-Green, etc at UH or department (RWJ Surgery, RWJ Pediatrics, etc.) basis first, without taking shift into account. The layoff of regular full and part time staff from a specific work unit or department will not occur unless regularly assigned agency nurses and regularly assigned per diem nurses in the work unit/department are first eliminated. Within the assigned clinical unit, regular employees shall not be laid off before temporary employees in the same job titles. The University will provide a minimum of twenty eight (28) days notice of layoff to any regular full-time or regular part-time employee to be affected. At the University’s discretion, payment in lieu of notice may be given for the 28 days notice. The University shall continue the practice of providing the Union with a copy of each layoff notice sent to employees. Such notice shall be provided, by mail, or fax, or email within twenty four (24) hours of the employee’s receipt of the layoff notice. When an individual is identified for lay off, the staff member will follow the process below: a) First, an employee identified for layoff will be no permanent layoffsoffered the opportunity to fill a vacancy, save for which he/she is qualified, in his/her current title within the employee’s current department or division within the operating unit and except as set out belowcampus. Prior If the employee chooses not to effecting layoffs of any regular or recurring employeeaccept the vacancy offered, the University will take employee may opt to be placed on the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7recall list. No probationary period. 1. Within two b) Second, if a vacancy pursuant to (2a) weeks of above is not available, the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be offered a vacancy, for which he/she is qualified, in his/her current title within the operating unit and campus. If the employee chooses not to accept the vacancy offered, the employee may opt to be placed on the recall list. Probationary of 90 days, with possible 90 day extension. c) Third, if a vacancy pursuant to (a) or (b) above is not available, the employee will be offered a vacancy, for which he/she is qualified, in his/her current title on the campus. If the employee chooses not to accept the vacancy offered, the employee may opt to be placed on the recall list. Probationary of 90 days. d) Fourth, if a vacancy pursuant to (a) , (b), or (c) above is not available, the employee will be offered a vacancy, for which he/she is qualified, in his/her current title first, or immediate prior title within the bargaining unit, University- wide. If the employee opts not to fill a vacancy offered under this section, the employee may opt to be placed on the recall list or proceed to (e) below. Probationary of 90 days, with possible 90 day extension. e) Fifth, if an employee is not placed in the position. 3. Nexta vacancy pursuant to (a), (b), (c) or (d) above, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, employee may bump the least senior employee in his/her current title in a position for which he/she qualifies, within the redundant position will operating unit and campus. If an employee opts not to exercise his/her bumping rights under this section, the employee may opt to be identified and provided placed on the recall list. If the employee is unable to bump under this section, the employee may exercise rights under (f) below. Probationary of 90 days, with notice of layoffpossible 90 day extension. 6f) Sixth, if the opportunity to bump is not available pursuant to (e) above, the employee may bump the least senior employee in his/her current title in a position for which he/she qualifies, campus wide. If an employee opts not to exercise his/her rights under this section, the employee may opt to be placed on the recall list. If the employee is unable to bump under this section, the employee may exercise rights under (g) below. Probationary of 90 days, with possible 90 day extension. g) If the employee is not offered the opportunity to bump pursuant to (f) above, the employee may bump the least senior employee in his/her immediate prior title, in a position for which he/she qualifies, campus wide. If an employee opts not to exercise his/her bumping rights under this section, the employee may opt to be placed on the recall list. Probationary of 90 days, with possible 90 day extension. Regular Part time employees may not bump regular full time employees, however, they may bump other regular part time staff at equivalent or less hours. Regular full time staff may, however, bump part time staff if there are no full time opportunities available. An employee who has more seniority than the identified is placed in a vacancy or bumps into a position on his/her campus may not bid on a vacant position for a period of six (6) months. If a laid off employee mayaccepts a vacancy on another campus, within he/she may not bid on a vacancy for a period of one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsyear.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It a) In the event that an employee is agreed that there will be no permanent layoffsnot reassigned in lieu of layoff as in Section 4.6, save and except or placed in another County position as set out below. Prior to effecting layoffs of any regular or recurring employeein Section 4.7(b), the University will take employee shall be laid off. If an employee elects not to exercise the rights in Section 4.6, or does not accept placement under Section 4.7(b), he/she may be deemed to have been offered and to have declined such work. b) If an employee has been issued a layoff notice pursuant to Section 4.5 and has no reassignment in lieu of layoff rights pursuant to Section 4.6, then that employee shall be considered for inplacement. Inplacement is an offer of transfer (within specific wage bands) or demotion to an employee with a layoff notice into a vacant position, which the County intends to fill during the layoff notice period. The following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7.conditions apply to the inplacement process: 1. Within two (2) weeks of An employee must be qualified to transfer or demote. The Personnel Director shall determine qualifications. a. Testing requirements would be the determination that there is a need same as if the employee had been reclassified. b. In determining qualifications and possible positions, transfers and demotions to reduce the workforce, a meeting will both related and non-related classes may be arranged between the Parties to review the circumstances and to mutually explore optionsconsidered. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise Transfer will be laid off. Such employee will be placed deemed a "lateral transfer" if movement from one class to another does not exceed an upward salary change of five percent (5%), unless a higher amount is provided for in the positiona unit appendix. 3. NextNormal transfer (ordinance code) rules apply (i.e.: the employee can be taken on a permanent or probationary basis at the discretion of the appointing authority). If an employee has underlying permanent status the probationary period following the transfer shall be considered a subsequent probation. Consistent with this status, the Parties will examine the list of employees holding contract positionsemployee on a subsequent probation with underlying permanent status, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positionshas Personnel Board appeal rights. 4. The Parties will explore employee may express a preference for certain occupational fields, assignments or departments. However, the possibility of a short-term layoff of employee has no more than twenty-six (26) weeks. Should this meet right to claim any position nor is the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit County required to top up Employment Insurance Benefits to 80% of normal wagesoffer placement. 5. If after having explored A position shall not be considered "vacant" for in-placement purposes if the above steps, it is determined position has been identified as claimable under Section 4.6 by the University that another employee who has been issued a layoff will be required, the least senior notice under Section 4.5 or by an employee in the redundant position will be identified and provided with notice of layoffon a re-employment list established pursuant to Section 4.8. 6. An employee who has more seniority is placed under Section 4.7(b) or laid off under Section 4.7(a) shall have his/her name placed on all re-employment lists pursuant to Section 4.8 for the appropriate classification. 7. In determining placement offers, the Union and the County, on a case-by-case basis, may by mutual agreement include as part of the placement offer: a. basic skill competency training and/or; b. other methods (other than transfer or demotion) of filling vacant positions that do not violate Merit System principles or County Ordinance Code provisions. 8. All in-placement offers must be made and accepted or rejectedprior to the identified employee may, within one (1) week effective date of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s worknotice. In such caseTime permitting, the exchange will take place as soon as possiblePersonnel Department may assist employees on the re-employment list in addition to those employees with layoff notices. Such employees shall be entitled to all provisions of this Agreement. 9. If an employee is not placed by the effective date of the layoff notice, and the senior employee will he/she shall be laid off and will receive under the remainder provisions of notice of the layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsnotice.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Layoff. It 1. When the District is agreed that there contemplating the layoff of any employee, it will notify the Union as soon as the need for such a reduction is evident and prior to making such a recommendation to the School Board. The notice will be in writing and will include the specific positions to be affected, the proposed time schedule, and reasons for the proposed action. Notice to the Union shall be no permanent layoffs, save and except as set out below. Prior less than twenty (20) District business days prior to effecting layoffs the effective date of any regular or recurring employee, layoff and shall be issued prior to notification being issued to the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionsaffected employee(s). 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts Union shall be provided the opportunity to present its position on any proposed layoff’s and existing vacancies to determine if there is an employee who is leaving or has left present any alternatives to layoffs to the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in Board prior to the positionBoard’s final action. 3. NextIn the event it becomes necessary to lay off employees for any reason, the Parties affected employees shall be laid off within the layoff categories described in Section A paragraph 4 of this Article in the reverse order of their seniority unless the District wishes to retain a less senior employee on the basis of greater skill, ability or qualifications. In such cases, the District shall have the burden of proof for such action. Layoffs will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positionsmade within job title classifications. 4. The Parties will explore Employees shall be laid off from their position with a specific job title within the possibility following categories, specifically associated with their eligibility for benefit: 1) Full time - Regularly scheduled to work six (6) or more hours per day; 2) Part time benefitted - Regularly scheduled to work not less than four (4) nor more than six (6) hours per day; and, 3) Part time unbenefited - Regularly scheduled to work less than four (4) hours per day. A reduction in hours that results in an employee moving downwards in layoff category shall constitute a layoff (e.g., an employee whose hours are reduced from six (6) hours per day to five and one-half (5½) hours per day shall be considered laid off). A reduction in hours that does not result in an employee moving downwards in layoff category shall not constitute a layoff (e.g., an employee whose hours are reduced from eight (8) to six (6) hours per day shall not be considered laid off). 5. Seniority shall be defined as the total length of continuous service within the District, regardless of job title and includes work in any of the unifying Districts prior to unification. In the event of a short-term layoff tie, the employee with the greatest continuous service in the affected job title shall be retained. Ties remaining thereafter shall be broken by drawing of no more lots by the OSEA Chapter 110 President or his/her designee and the District’s personnel administrator or his/her designee. 6. Employees to be laid off shall be given advance notice of not less than twenty-six twenty (2620) weeksDistrict business days. 7. Should this meet the needs of the University, employees will Employees who are to be laid off and provided who have worked for the District in a Supplemental Employment Benefit job title within a lower pay grade than the one from which they have been laid off shall be able to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, “bump” the least senior employee in the redundant position former job title and in the same benefit category on the basis of seniority, as long as they worked in the former job title for the District within the past five (5) years. Employees exercising this option shall be placed on the wage schedule in the pay grade which they have bumped at the wage level closest to the one they had prior to being laid off. The District will be identified and provided provide employees on layoff with notice the same insurance they had prior to layoff for a period of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months. Such insurance coverage may be continued by the laid off employee after the three (3) month period at their own expense or as provided by law. Laid off employees who accept other employment shall not be eligible for extension of group insurance.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It If a reduction in the work force, as determined by the City Manager is agreed necessitated by, but not limited to, the following: a material change in duties or organization, adverse working conditions, return of employee from leave of absence, or shortage of work or funds; the City Manager shall notify the affected employee(s) of the intended action and the reason for the layoff. Immediately following a decision which may involve the potential layoff of employees, the City Manager shall freeze all current vacancies in the Police Department in similar and related classifications to those likely to be targeted for layoff, and notify the Police Chief that there such current and anticipated vacancies will be no frozen until further notice. As determined by official City payroll records: all service in the employ of the City shall be counted toward the establishment of an employee's City Seniority Service Date, including, for example, permanent, probationary, provisional, temporary (full-time and intermittent), as well as leaves of absences for obligatory military service while an employee with the City. Less than full-time service will be consolidated in equivalences of full-time service for the purpose of establishing the City Seniority Service Date. Time off as a result of formal disciplinary action will be subtracted from the City Seniority Service Date. All full-time services in the employ of the City in a promotional rank above the entry level rank shall be counted toward the establishment of an employee's Seniority Service Date for that rank, including probationary and permanent layoffsstatus service as well as leave of absences for obligatory military service while an employee of the City. Time off as a result of disciplinary action will be subtracted from the Rank Seniority Service Date. In computing both City and Rank Seniority, save all time spent on paid leave of absence shall be included and except all time spent on unpaid leave of absence shall be excluded. Unpaid absences equal to or greater than one full pay period will extend the Adjusted Service Date, which governs vacation accrual advancement. The Adjusted Service Date referenced within this section shall not apply in the determination of Departmental seniority within the Police Department when used for the purposes of vacation signup, shift signup, or any other bidding process that orders the selection process by Departmental seniority. Departmental seniority will be based upon the date hired without respect to any leaves of absence approved by the Police Chief or associated to time off protected by the Family Medical Leave Act (FMLA). Whenever a layoff of one or more employees becomes necessary, as set out belowdefined above, such layoffs shall be made according to classification Seniority Lists. Prior to effecting layoffs Upon receiving notification that the City Manager will proceed with a possible reduction in the work force, and following receipt of any regular or recurring employeeinformation concerning the specific positions involved, the University Human Resources Division will take establish separate Probationary and Permanent Seniority Lists for each classification targeted for layoff. The names of all City employees holding permanent and probationary status appointments in a given classification will be listed on the following steps appropriate list in sequential descending order by City Seniority Service Date in the entry level positions and by Rank Seniority Service Date in the promotional position of Police Sergeant. Except as outlined provided in Article(s) 11.4retreat rights below, 11.5employees on all lists shall be laid off on the basis of their Seniority Service Date, 11.6 (i.e., employees with the least amount of total service shall be laid off first). All emergency, temporary, and 11.7. 1provisional employees working in classifications similar to those identified for layoff must be terminated prior to the layoff of probationary or permanent status employees. Within Employees on the Probationary Status Seniority List for a specific classification will be laid off prior to employees on the Permanent Status Seniority List for that class. Probationary or permanent status employees temporarily acting out of classification or holding a provisional appointment in another classification will only be listed on a Seniority List of the class in which they hold permanent or probationary status targeted for layoff. If two (2) weeks of or more employees on a Seniority List have identical Seniority Service Dates, the determination that there is a need to reduce the workforce, a meeting will tie shall be arranged between the Parties to review the circumstances and to mutually explore options. 2broken based on established Departmental procedures for awarding serial numbers in such instances. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is Before an employee who is leaving with permanent or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will probationary status may be laid off and provided from employment with the City of San Leandro, consideration must be given to the employee's right to voluntarily demote to a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% lower level classification from which he or she was originally promoted or any subsequently created intermediate level classification for which the employee possesses the basic minimum qualifications. In the process of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be requiredretreating, the Rank Seniority Date List shall be utilized. Employees with the least senior employee amount of Rank Seniority shall retreat first. Any voluntary demotion to a rank below the employee's current rank shall be based on a Rank Seniority Date which is derived from a combination of all credited service in the redundant position will rank to which the employee has voluntarily demoted and all credited service in higher ranks held on a probationary or permanent status. The demoting employee has a right to be identified and provided with notice of layoff. 6retained in the highest pay step possible, which is equal to or less than his or her present pay step. An employee who has more seniority than the identified employee mayinvolved in a layoff does not have a right of mandatory placement to positions with a higher pay step, within one (1) week i.e. promotion. Provisional employees shall be notified individually, in writing, of notice under step 5, volunteer to take the pending layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have with no recall rights. This provision does not apply less than fifteen (15) calendar days' notification if the senior employee has unique skills which cannot be replaced in up to three (3) monthstargeted for release or reassignment.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Layoff. It (a) In the event a layoff is agreed that there will be no permanent layoffsnecessary, save the Employer and except as set out below. Prior the union agree to effecting layoffs work jointly to minimize any adverse effects of any regular layoff to employees, and maximize creative approaches that meet the interests of both the Employer and the employees. (b) A layoff for this purpose of the Article shall be defined as no available hours, for affected full-time employees for more than one shift. (c) During work shortages of one shift or recurring employeeless the company will make every effort to provide impacted employees with available alternate work, providing they have the skill and ability to perform the work. (d) In the event of a layoff of more than one shift, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed most junior full-time employees in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees department will be laid off first provided the remaining employees have the skill and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) ability to perform the senior employee’s remaining work. In such case, the exchange will take place as soon as possible, and the senior . (e) No new employee will shall be hired until those laid off and will receive have been given the remainder of opportunity to recall. (f) Employees who have received notice of layoff in lieuat least a one full-day layoff, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to a maximum of a three (3) monthsfull consecutive day layoff, will have the option of requesting a vacation day(s), and vacation pay, at the time of the notice of layoff. Requests for vacation in lieu of layoff will not be considered after the layoff day has occurred. (g) If an employee is laid off, he or she will have the option of accepting the lay-off prior to exercising their seniority rights as follows: i. A full time employee laid off work in his or her department, shall bump the most junior full time employee on the shift, provided the laid off employee has the qualifications, skills and ability to do the work. If the junior employee on the shift is displaced, they will bump the junior employee in the plant. ii. Employees on layoff will be recalled in order of seniority provided they have the qualifications, skill and ability to do the available work. Notice of recall will be delivered verbally, by telephone, or, if unable to make contact with the employee, by registered mail or courier to the last recorded address of the employee.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff. It 23:01 Where by reason of a shortage of work or funds, or the abolition of a position or material changes in duties or organization, the Employer determines that a layoff(s) is agreed necessary, the Employer shall determine the classification(s) from which the layoff(s) are to take place. 23:02 The Employer shall determine employees concerned within each classification from which employees are to be laid off. 23:03 Where the layoff(s) of employee(s) is necessary, the Employer shall provide the Union with written notice not less than forty 23:04 Employees selected for layoff shall receive four (4) weeks notice or payment in lieu. No notice is required for term employees who are released at the end of his/her term. The Union shall be provided with a copy of all layoff notices issued. 23:05 In determining the order of layoff of employees, seniority shall be the determining factor. This Article is subject to the requirement that there the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will be no permanent layoffs, save and except as set out belowrequired to perform. Prior to effecting layoffs of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within Term employees with less than two (2) weeks years of continuous service shall first be considered for layoff. 23:06 An employee selected for layoff may exercise an option to displace an employee with less seniority in the same, equivalent or lower classification, subject to the following: (a) A term employee laid off prior to the expiry of his/her term may only displace another term employee with the same scheduled expiry date; (b) The employee exercising the displacement option must have the qualifications and ability to perform the work of the determination that there person he/she is a need seeking to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionsdisplace. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an 23:07 An employee who is leaving or has left the work place whose work could displaced pursuant to Section :06 shall be done by a qualified given notice of layoff and may, in turn exercise an employee displacement option as set out in Section :06. The process will continue in this manner until there are no displacement opportunities. 23:08 An employee who otherwise will is entitled to displace another employee in accordance with the provisions of this Article may have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the necessary qualifications and ability to enable the employee to displace another employee. 23:09 For the purposes of this Article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude and competence. “Ability” refers to mental, and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid off. Such employee will be placed in , shall determine qualifications, and the position. 3. Next, the Parties will examine the list ability of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether perform the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into duties which the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, remaining employees will be laid off required to perform, in a fair, reasonable, and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% non- discriminatory manner. The onus of normal wages. 5. If after having explored proof rests with the above steps, it is determined by Employer in any dispute over the University that a layoff will be required, the least senior employee in the redundant position will be identified application of qualifications and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) ability to perform the senior employee’s work. In such case, duties which the exchange will take place as soon as possible, and the senior employee remaining employees will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up required to three (3) monthsperform.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff. It (a) If a reduction in force is agreed that there will be no permanent layoffsnecessary, save and except as set out below. Prior to effecting layoffs shall take place in the inverse order of any regular or recurring employee, the University will take date of hire into the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7Lieutenant’s job classification. 1. Within (b) NJIT shall simultaneously provide the Lieutenants’ Unit and the Lieutenant(s) concerned a two (2) weeks week notice of layoff. Lieutenants’ Unit may request and have scheduled a meeting with the determination that there Manager of Labor Relations to discuss possible alternatives; however, the final discretion rests with NJIT. (c) When a Lieutenant is scheduled for a need layoff due to reduce reduction or reorganization in the workforce, he/she shall be permitted, to the extent permitted by law, to exercise his/her seniority rights to replace (bump) a meeting will be arranged between Sergeant or other commissioned police officer with less seniority provided the Parties Lieutenant with greater seniority is qualified in all respects to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left perform the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed of the bumped officer in accordance with the prevailing job description for that position. 3. Next(i) The Lieutenants’ Unit may discuss any questions of “qualifications” with the Manager of Labor Relations through the labor management committee established under Article VI, the Parties will examine the list Labor/Management Committee, of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positionsthis Agreement. 4. The Parties will explore (ii) Salary Range and Step placement for a Lieutenant, successfully exercising the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the Universitycontractually authorized bumping privilege, employees will shall be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages.as follows: 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week The Lieutenant shall be placed at the same or nearest higher step on the commissioned police officer salary range or within the Sergeants’ salary band from that salary occupied by the Lieutenant prior to layoff, if available in the range and/or band. If not available then the Lieutenant shall be placed at the closest step available within the appropriate range or salary within the band. (d) The parties hereto commit to work together toward minimization of notice under step 5departmental, volunteer to take university and bargaining unit disruption caused by implementation of the contractually authorized layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsbumping scheme.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. It is agreed that there (a) The company will be no permanent layoffs, save and except as set out below. Prior endeavor to effecting layoffs of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two give at least (2) two weeks notice of layoff where business circumstances permit. Where business circumstances do not permit this notice, the Company will explain the circumstances to the Union at the time the notice is given. (b) In laying off, and in determining shift assignment as between employees doing the same job, seniority shall be the determining factor as follows: (i) All jobs with Learner periods shall be filled by the senior persons who are fully qualified on the job, (have successfully completed all of the determination Learner Periods of the job as evidenced by documentation on Company records) or currently in a Learner position on the job. However it is understood and agreed the Company shall have the right to retain the most senior fully qualified employee if it establishes that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within not one (1) week fully qualified employee available to train on the same shift, (ii) All jobs that do not have Learner Periods shall be filled in order of notice under step 5seniority. However it is understood and agreed that in all cases the company shall have the right to pass over an employee if it establishes that he does not have the necessary skill, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) ability and physical fitness to perform the senior employee’s workwork available. In such case, For a layoff which in the exchange judgment of the company will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to extend beyond three (3) monthsconsecutive days, ap pli c at io n of seniority shall be by department or skilled occupational group w i t h i n the department. A longer layoff will be dealt with by applying seniority on a plant- wide basis. When the Company shuts down it’s operations for a specific period of time, any available work assignments during the shutdown period will be dealt with by applying seniority on a plant wide basis as per 8.05 (a). At the end of the shut-down period, all employees who were reassigned or laid off will return to the job they were holding immediately prior to the shutdown. The Company will provide a familiarization period of 5 working days to employee’s who bump into a job. The Company will provide a familiarization period of ten (10) working days to employees who bump to a job, where the job has changed as evidenced by G-Forms attached to the job description dated after the learner periods were completed.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff. It A. When an employee is agreed that there will to be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employeelaid off, the University will take shall implement such layoff in accordance with the following steps provisions set forth below. When circumstances permit, the University shall notify the local AFSCME President at least thirty (30) days in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7advance of a layoff. 1B. Employees may be laid off at any time as a result of adverse circumstances; reallocation of resources; reorganization of degree or curriculum offerings or requirements; reorganization of academic or administrative structures, programs, or functions; curtailment or abolishment of one or more programs or functions; shortage of work; or a material change of duties. Within two (2) weeks The University shall notify AFSCME when a layoff is to take place. C. The layoff unit may be at an organizational level such as a campus, division, college, school, department, area, program, or other level of organization as the Chief Executive Officer deems appropriate. In designating the makeup of the determination that there is a need to reduce layoff unit, the workforce, a meeting will be arranged between Chief Executive Officer or designee may consider the Parties to review the circumstances special qualifications and to mutually explore optionsrelevant experience required for specific positions and exclude such positions from layoff. 2D. The University shall direct laid off employees to Human Resourcesfor employmentcounseling. E. Employees are to be informed of layoff as soon as practical. The Parties will explore knownWhere circumstances permit, upcoming attrition such as retirementsall employees are to be provided with at least thirty (30) calendar days’ notice. However, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could completed his/her position orientation year shall be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments given no less than fourteen (LTA14) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of calendar days’ notice of layoff or in lieulieu of thereof, plus their severance entitlementtwo weeks’ pay at the employee’s current regular hourly rate, but or a combination of notice and pay. A notice of layoff shall have no recall be sent to the employee by certified mail, return receipt requested, or delivered in person to the employee. The notice to the employee of layoff shall include the effective date of layoff, the reason for layoff and any appeal/grievance rights. This provision does not apply if , including applicable filing deadlines. F. Consistent with the senior procedures established for the University’s Employee Assistance Program, employees participating in an EAP who receive a notice of layoff may continue to participate in that program for a maximum of ninety (90) days following the layoff, or as otherwise agreed to by the employee has unique skills which cannot be replaced in up to three (3) monthsand theUniversity.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It is agreed The Association acknowledges that there will be no permanent layoffs, save and except as set out below. Prior the Company has the right to effecting layoffs determine positions for In the event of any regular or recurring employeelayoff, the University will take Company agrees to meet with the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks of the determination that there is a need Association to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances discuss said layoffs and to mutually explore options. 2provide notice, fourteen calendar days in advance of affected employees being so notified. Such notice shall include the date of layoff, number, headquarters, position title and salary classification of affected employees. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies Association agrees not to determine if there is an employee who is leaving disclose the layoff or has left any details pertaining to the work place whose work could notice provided until affected employees have received individual notice from the Company. any vacant position covered by the Agreement. Recall may be done by a qualified telephone, or if not contacted by telephone, by registered letter to the employee’s last recorded address, at any time within forty-five calendar days from the date of layoff. It is the responsibility of laid off employees to keep the Company informed, in writing, of their current address and telephone number. The employee who shall advise the Company within five calendar days of the date of recall as to their decision. Once recall has been accepted, the employee shall report for duty within fourteen calendar days from the date of recall, unless otherwise will be laid offagreed to. Such of two two An employee will be placed permanently laid off and deemed terminated where: equivalent combination of notice and pay in lieu of notice two weeks, In the position. 3. Nextcase of multi-incumbent positions, where there are no differences between incumbents on the basis of skill, ability, performance, qualifications, and headquarters, the Parties will examine the list of employees holding contract positionsjunior incumbent, or external applicants according to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will Net Credited Service date shall be laid off and provided first. employees shall not have the right to bump or otherwise move, into any other position under the provisions of this Article. Laid off employees shall have the right to be recalled for up to forty-five calendar days, in order of to the position, salary the employee has rejected a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above stepsrecall, it is determined by the University that a layoff will be requiredor, the least senior employee in has failed to notify the redundant position will be identified and provided with notice Company of his/her decision within five calendar days of being recalled, or the employee has accepted but did not report for duty within fourteen calendar days of recall or as otherwise agreed above, or, pursuant to the employee elects to take severance pay prior to the expiration of the forty-five calendar day recall period, or, the employee is not recalled within forty-five calendar days from the date of layoff. 6. An classification and headquarters, from which they were laid off, providing Regular Time work becomes available during this time. The right of recall for laid off employees shall expire at the end of forty-five calendar days from the date of Layoff, at which time the laid off employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer shall be deemed to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possiblebe permanently laid off, and the senior therefore terminated. During recall, an employee will be may make application in accordance with Article 7 to A permanently laid off and will therefore terminated employee shall receive severance pay as follows: One week per completed Net Credited year of Service for the remainder first five years of notice employment, and two weeks per completed Net Credited year of layoff in lieuService thereafter to a combined total of thirty-five weeks maximum. Through written agreement between the Company and Employee, plus a laid off employee may elect to forfeit their forty-five calendar day recall period to receive their severance entitlementpay upon their date of layoff. In this event, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot would be replaced in up to three (3) monthspermanently laid off and terminated.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It is agreed that there will be no permanent layoffs, save 1. The Employer shall notify and except as set out below. Prior to effecting layoffs consult the Union at least four weeks in advance of any regular or recurring employeelayoff. Layoffs shall be by inverse order of seniority within job classification. Job classifications are defined as the job titles listed in Appendix A. Any employee notified of layoff who has greater seniority than employees in other classifications may, at the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks option of the determination employee being laid off, claim a position in another classification if, in the opinion of the Employer, he/she has the job-related qualifications to perform the job. Disputes on this point are subject to the grievance/arbitration procedure. The result of this layoff procedure should be that there is a need the most senior employees who have the job-related qualifications to reduce perform the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionsremaining jobs are retained. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end Any employee dismissed in a layoff shall be given eight weeks' advance notice and severance pay at the rate of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the positiontwo weeks' pay per year of employment. 3. NextEmployees on layoff will be covered for full health and welfare benefits for a period of three months from the date of layoff. If employment is not gained in the first three months, the Parties this period of coverage will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positionsextended for an additional three months. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be Each employee laid off to reduce the force shall be placed upon a rehire list and provided shall remain on the list for two years. Said laid-off employee shall be notified by the Employer of openings covered by this Agreement and shall be able to apply for vacant positions in accordance with Article IV. Time spent on a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% rehire list by a laid-off employee shall not constitute a break in continuity of normal wagesservice and seniority, nor shall time on such list be counted as service time. No pension credits shall be earned during layoff periods. 5. If after having explored The Employer agrees to discuss with the above stepsGuild, it is determined by at least forty-five (45) days in advance, any proposal to abolish, create or reclassify jobs that fall within the University that a layoff will be required, bargaining unit. The Employer agrees to discuss with the least senior employee in Guild the redundant status of any position will be identified and provided with notice of layoff. 6. An employee who has left unfilled for more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months, including the disposition of work normally carried out by the person in that position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It a. The Clerk and/or the Board of County Commissioners shall be the sole determiners of when layoffs within the Clerk's Office are necessary. The Employer may lay off employees when such action is agreed that there determined to be necessary by reason of lack of work, lack of funds, or reorganization of the Clerk's Office. The Clerk shall have the right to determine by job classification the number of employees to be reduced within the Clerk's Office. The Union will be no permanent layoffs, save and except as set out below. Prior to effecting notified of the specific job classifications in which layoffs of any regular or recurring employee, the University will take place and the number of employees in those job classifications who are designated for layoff status. b. If the Clerk and/or the Board of County Commissioners determines that a layoff is necessary within certain job classifications within the Clerk's Office, then and in that event, employees in the affected job classification shall be laid off in the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7.order: 1. Within two () Temporary, seasonal, or casual employees; 2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position.Probationary employees; 3. Next, the Parties will examine the list of ) Regular part time and regular full time employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions – Regular part time and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, full time employees will be laid off from the affected job classifications, giving consideration to seniority; provided, however, consideration shall also be given to employee work history and provided a Supplemental Employment Benefit the ability of the remaining employees to top up Employment Insurance Benefits perform the variety of tasks required of that classification without further training. When two or more employees have relatively equal work history, skill, and ability to 80% of normal wages. 5. If after having explored do the above stepswork without further training, it is as determined by the University that a layoff will be requiredClerk, the employee(s) with the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of first. c. The person targeted for layoff in lieu, plus their severance entitlement, but shall have no recall rightsa one-time option to “bump” the employee with the least bargaining unit seniority in the department who is at the same or lower pay band, provided that the retained employee has the necessary minimum qualifications for the position. This provision The retained employee shall have his/her salary set at the highest step in the applicable pay band that does not apply if the senior employee has unique skills which cannot be replaced result in up to three (3) monthsa pay increase.

Appears in 1 contract

Samples: Labor Agreement

Layoff. It The parties agree that the effect of a layoff is agreed that there will be no permanent layoffsnegotiable, save and except as set out below. Prior to effecting layoffs of any regular or recurring employeetherefore, the University will take following language is intended to both clarify and establish procedures for any impending layoffs realized by members of the following steps Bargaining Unit and any subsequent recall. A. Trial Service Employees B. Full time regular employees In the event of a layoff for any reason, employees shall be laid off in sequential the inverse order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7of their seniority within their job classification within their Departmental Division. . 1. Within two Employees being laid off shall be given written notice of such layoff thirty (230) weeks days prior to the layoff if possible. In no event shall written notice of the determination that there is a need to reduce the workforcelayoff be less than ten (10) working days. Said notice of layoff shall identify what options, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionsif any, an employee shall have in lieu of layoff. 2. The Parties will explore knownOptions in lieu of layoff: For the purpose of this section, upcoming attrition such the use of the term “may” only relates to whether or not the facts exist which establish the layoff option. If the option exists, it is mandatory that the City identify it in the notice of layoff under Section 4 above. A. SAME JOB CLASSIFICATION WITHIN DEPARTMENTAL DIVISION: Employees may be given the option to supplant any less senior employee within their Departmental Division who occupies the same job classification as retirementsthe laid off employee. If this option exists, resignationsnone of the other options listed below shall be offered. B. LOWER JOB CLASSIFICATION WITHIN DEPARTMENTAL DIVISION: Employees may be granted, end as an option in lieu of contracts layoff, the opportunity to take a demotion to a lower job classification, in which he or she has previously held status within their Departmental Division, if he or she has the ability and existing vacancies current qualifications to determine if there is an employee who is leaving or has left perform the work place whose work could of that position. The employee being displaced shall then have the same opportunities as any other employee subject to layoff, or C. VACANT POSITION WITHIN THE BARGAINING UNIT: Employees may be done by a qualified employee who otherwise will be laid off. Such employee will granted the opportunity to be placed in any other Department in a vacant position for which he or she has the ability and qualifications to perform the work. “Vacant position. 3. Next, ” shall mean a posted vacant position for which the Parties will examine Department is actively attempting to fill at the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice time of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.

Appears in 1 contract

Samples: Working Agreement

Layoff. It is agreed If it becomes necessary to reduce St. Christopher’s Pediatric Associations work force because of lack of work, funding or an emergency that there will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employeecurtails normal operation, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7.shall apply: 1. Within In the event of a layoff within a department, unit, or shift, all non-bargaining unit Employees in the classification affected, including all daily and traveling agency employees, shall be laid off first. Probationary Employees within the job classification shall be laid off next, followed by regular full-time and part-time employees, based on their bargaining unit seniority. The Practice shall allow nurses to voluntarily reduce hours or take a layoff in the affected area, in order to meet the necessary reduction. The order of any layoff shall be based on inverse bargaining seniority order, which can be superseded only in the situation where a nurse with less than ten (10) years of seniority has at minimum, an unpaid suspension in the immediately preceding six (6) months for engaging in a pattern of conduct that has led to such unpaid suspension. 2. In the event an Employee is scheduled to be laid off in one department/unit and there exists a vacant position or a position filled by a probationary Employee in another department which the Employee has the present qualifications, skills, ability, licensure and/or certification to perform; then bargaining unit seniority shall prevail in assigning such Employee scheduled to be laid off to such vacant position or position filled by the probationary Employee. 3. If there are no vacant positions or positions occupied by Probationary employees available, employees targeted for layoff may bump the least senior comparable employee in the bargaining unit, provided they have more bargaining unit seniority and have the requisite qualifications, skill and ability to perform the job with an orientation, which could vary from nurse to nurse but could take up to two (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will Employees to be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will shall be required, the given at least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice, or pay in lieu thereof, except in emergency situations. Probationary Employees need not be given any notice under step 5prior to layoff. 4. While rare, volunteer it is recognized that an Employee may be retained due to take special training, knowledge or ability who has less seniority than the layoff if one who is to be laid off. The Practice will state the junior employee has reason in writing to the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, Union and the senior employee will be laid off affected Employee. Disputes regarding this paragraph are subject to Article 14, Grievance Procedure and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsArbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It is agreed that there will 13.01 There shall be no permanent layoffsregular full-time employees laid off in a classification, save and except as set out below. Prior to effecting in a department, while there are non-regular employees working in that classification. 13.02 If layoffs of any regular or recurring employeeoccur, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified junior regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a shortfull-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior time employee in the redundant position classification will have the right to displace a part-time employee in their job classification, preferably on their shift if possible, otherwise on any shift plant wide, providing they are able to perform the work. 13.03 Failing this, the regular full-time employee shall then be identified able to exercise their seniority to displace the most junior regular full-time employee in their job classification, plant wide, providing they are able to perform the work. 13.04 Failing this, the regular full-time employee shall then be able to exercise their seniority to displace the most junior regular full-time employee plant-wide, providing they are able to perform the work. 13.05 Failing this, the regular full-time employee shall then be able to exercise their seniority to displace the most junior regular full-time employee in the next highest job classification, providing they are fully qualified and provided with notice willing to perform the available work. In order to accommodate this, the Company will layoff the necessary non-regular employee to make room for the bumping. 13.06 The most junior regular full-time employee so bumped may exercise his/her right to bump the most junior regular full-time employee plant wide providing they are fully qualified and willing to perform the available work and the company will layoff the number of non-regular employees to make this bumping possible. 13.07 A regular full-time employee who exercises their right to displace another employee pursuant to the foregoing shall be paid the rate of the job classification in which they exercise their displacement rights. 13.08 For the purpose of this Article, non-regular employees shall be defined as any part-time employee, agency employee, student or probationary employee. 13.09 A regular full-time employee displaced at any stage, other than the one (1) day layoff referred to in 13.15 shall continue the aforementioned procedure. 13.10 Recall shall be in reverse order of layoff. The last regular FT employee laid off (providing they still have recall rights) shall be the first employee entitled to recall providing they are fully qualified and willing to perform any available permanent work. It is understood and agreed that such permanent available work shall not be construed as a vacancy under Article 12 – Seniority, Section 12.08. 6. An employee 13.11 Employees who has more seniority than the identified employee may, within are laid off shall have recall rights for one (1) week year if they have seniority of notice under step 5, volunteer one (1) year or more. Employees with less than one (1) year seniority shall have recall rights equivalent to take their length of service. 13.12 For the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such casepurpose of layoff, the exchange Co-chair of the facility shall have super seniority within their respective departments. 13.13 When a shift change occurs, because of lay-off in the bargaining unit, reference to Article 8.01(b) will take place as soon as possible, and not be applicable. 13.14 The Company will “call back” employees by seniority until the senior daily schedule requirements are met on a first call only basis. 13.15 In the event that an employee will be is laid off and is unable to bump a same day shift as a result of the shift schedules, the employee will receive accept a one (1) day lay-off and be scheduled for the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsnext scheduled shift accordingly.

Appears in 1 contract

Samples: Collective Agreement

Layoff. It is agreed that there (a) The company will be no permanent layoffs, save and except as set out below. Prior endeavor to effecting layoffs of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two give at least (2) two weeks notice of layoff where business circumstances permit. Where business circumstances do not permit this notice, the Company will explain the circumstances to the Union at the time the notice is given. (b) In laying off, and in determining shift assignment as between employees doing the same job, seniority shall be the determining factor as follows: (i) All jobs with Learner periods shall be filled by the senior persons who are fully qualified on the job, (have successfully completed all of the determination Learner Periods of the job as evidenced by documentation on Company records) or currently in a Learner position on the job. However it is understood and agreed the Company shall have the right to retain the most senior fully qualified employee if it establishes that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within not one (1) week fully qualified employee available to train on the same shift, (ii) All jobs that do not have Learner Periods shall be filled in order of notice under step 5seniority. However it is understood and agreed that in all cases the company shall have the right to pass over an employee if it establishes that he does not have the necessary skill, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) ability and physical fitness to perform the senior employee’s workwork available. In such case, For a layoff which in the exchange judgment of the company will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to extend beyond three (3) monthsconsecutive days, ap pli cat io n of seniority shall be by department or skilled occupational group w i t h i n the department. A longer layoff will be dealt with by applying seniority on a plant- wide basis. When the Company shuts down it’s operations for a specific period of time, any available work assignments during the shutdown period will be dealt with by applying seniority on a plant wide basis as per 8.05 (a). At the end of the shut-down period, all employees who were reassigned or laid off will return to the job they were holding immediately prior to the shutdown. The Company will provide a familiarization period of 5 working days to employee’s who bump into a job. The Company will provide a familiarization period of ten (10) working days to employees who bump to a job, where the job has changed as evidenced by G-Forms attached to the job description dated after the learner periods were completed.

Appears in 1 contract

Samples: Collective Agreement

Layoff. It If a reduction in the work force, as determined by the City Manager is agreed necessitated by, but not limited to, the following: a material change in duties or organization, adverse working conditions, return of employee from leave of absence, or shortage of work or funds; the City Manager shall notify the affected employee(s) of the intended action and the reason for the layoff. Immediately following a decision which may involve the potential layoff of employees, the City Manager shall freeze all current vacancies in the Police Department in similar and related classifications to those likely to be targeted for layoff and notify the Police Chief that there such current and anticipated vacancies will be no frozen until further notice. As determined by official City payroll records: all service in the employ of the City shall be counted toward the establishment of an employee's City Seniority Service Date, including, for example, permanent, probationary, provisional, temporary (full-time and intermittent), as well as leaves of absences for obligatory military service while an employee with the City. Less than full-time service will be consolidated in equivalences of full-time service for the purpose of establishing the City Seniority Service Date. Time off as a result of formal disciplinary action will be subtracted from the City Seniority Service Date. All full-time services in the employ of the City in a promotional rank above the entry level rank shall be counted toward the establishment of an employee's Seniority Service Date for that rank, including probationary and permanent layoffsstatus service as well as leave of absences for obligatory military service while an employee of the City. Time off as a result of disciplinary action will be subtracted from the Rank Seniority Service Date. In computing both City and Rank Seniority, save all time spent on paid leave of absence shall be included and except all time spent on unpaid leave of absence shall be excluded. Unpaid absences equal to or greater than one full pay period will extend the Adjusted Service Date, which governs vacation accrual advancement. The Adjusted Service Date referenced within this section shall not apply in the determination of Departmental seniority within the Police Department when used for the purposes of vacation signup, shift signup, or any other bidding process that orders the SLPOA MOU January 1, 2023 - June 30, 2028 selection process by Departmental seniority. Departmental seniority will be based upon the date hired without respect to any leaves of absence approved by the Police Chief or associated to time off protected by the Family Medical Leave Act (FMLA). Whenever a layoff of one or more employees becomes necessary, as set defined above, such layoffs shall be made according to classification Seniority Lists. Upon receiving notification that the City Manager will proceed with a possible reduction in the work force, and following receipt of information concerning the specific positions involved, Human Resources will establish separate Probationary and Permanent Seniority Lists for each classification targeted for layoff. The names of all City employees holding permanent and probationary status appointments in a given classification will be listed on the appropriate list in descending order by City Seniority Service Date in the entry level positions and by Rank Seniority Service Date in the promotional position of Police Sergeant. Except as provided in retreat rights below, employees on all lists shall be laid off on the basis of their Seniority Service Date, (i.e., employees with the least amount of total service shall be laid off first). All emergency, temporary, and provisional employees working in classifications similar to those identified for layoff must be terminated prior to the layoff of probationary or permanent status employees. Employees on the Probationary Status Seniority List for a specific classification will be laid off prior to employees on the Permanent Status Seniority List for that class. Probationary or permanent status employees temporarily acting out belowof classification or holding a provisional appointment in another classification will only be listed on a Seniority List of the class in which they hold permanent or probationary status targeted for layoff. Prior to effecting layoffs of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within If two (2) weeks of or more employees on a Seniority List have identical Seniority Service Dates, the determination that there is a need to reduce the workforce, a meeting will tie shall be arranged between the Parties to review the circumstances and to mutually explore options. 2broken based on established Departmental procedures for awarding serial numbers in such instances. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is Before an employee who is leaving with permanent or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will probationary status may be laid off and provided from employment with the City of San Leandro, consideration must be given to the employee's right to voluntarily demote to a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% lower-level classification from which they were originally promoted or any subsequently created intermediate level classification for which the employee possesses the basic minimum qualifications. In the process of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be requiredretreating, the Rank Seniority Date List shall be utilized. Employees with the least senior employee amount of Rank Seniority shall retreat first. Any voluntary demotion to a rank below the employee's current rank shall be based on a Rank Seniority Date which is derived from a combination of all credited service in the redundant position will rank to which the employee has voluntarily demoted and all credited service in higher ranks held on a probationary or permanent status. The demoting employee has a right to be identified and provided with notice of layoff. 6retained in the highest pay step possible, which is equal to or less than their present pay step. An employee who has more seniority than the identified employee mayinvolved in a layoff does not have a right of mandatory placement to positions with a higher pay step, within one (1) week i.e. promotion. Provisional employees shall be notified individually, in writing, of notice under step 5, volunteer to take the pending layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, with no less than fifteen (15) calendar days' notification if targeted for release or reassignment. Permanent and probationary status employees should be notified individually, in writing, of pending layoffs as soon as possible, with no less than fifteen (15) calendar days' notification if SLPOA MOU January 1, 2023 - June 30, 2028 targeted for release or demotion. Notice to an employee absent from work for any reason shall be sent by U.S. Mail - Return Receipt Requested. If an employee fails to accept a bona fide offer of demotion within five (5) calendar days after receipt of the senior offer, the employee forfeits further right to employment retention. Acceptance of a demotion does not remove the right of appeal under the appeal procedure described below. The names of all probationary and permanent employees released or demoted from positions in the competitive service as a result of layoff or demotion must be placed on Reemployment Lists for those classifications from which the employee was removed, as well as all other classifications to which they have demotion rights in accordance with employee retreat rights. The Reemployment List for employees who were laid off shall remain in effect for two (2) years from the date of the layoff. Said list shall remain in effect indefinitely for employees who were demoted. Vacancies in any classification for which there is an active Reemployment List must use the Reemployment List to fill their positions and may not use any other recruitment or appointment method to fill a vacancy until appropriate Reemployment Lists have been exhausted. When a vacancy occurs in a class for which there is a Reemployment List, the name of the employee on the appropriate Reemployment List with the highest Seniority Date shall be certified to the Police Chief. Employees so certified from the Reemployment Priority List must be appointed to the existing vacancy. If a former employee fails to accept a bona fide written offer of reemployment with five (5) calendar days after receipt of the offer, their name will be removed permanently from the Reemployment List from which the offer was made. Failure to accept an offer of reemployment to the class with the highest pay step for which the employee is eligible for reemployment will result in automatic removal from all Reemployment Lists. However, the employee may decline (or accept) reemployment to a lower pay step classification without jeopardizing their standing on the Reemployment List for the classification from which they were originally terminated. Upon reappointment to the classification from which the employee was originally separated or demoted, the employee has the right to be placed at the pay step, which the employee held at the time of layoff or demotion. Upon reappointment to the classification from which the employee was originally separated or demoted, a medical examination may be required to determine compliance with physical/mental requirements of the position to which the employee is being reappointed. Such examination(s) shall be performed by a City designated physician and shall be at City expense. Any permanent or probationary status employee, who is laid off or demoted as a result of layoff, who believes that the layoff procedure has been improperly administered as it pertains to the employee's case, may appeal the action under the Grievance Procedure. In addition, employees may, at all times, before, during and will receive subsequent to layoff, review all records, including Seniority Lists, Reemployment Lists, which pertain to their classification and their rights under the remainder provisions of notice of the layoff in lieupolicy. SLPOAMOU January 1, plus their severance entitlement2023 - June 30, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.2028

Appears in 1 contract

Samples: Memorandum of Understanding

Layoff. It is agreed that there While ACLU-VA will be no permanent attempt to avoid layoffs, save in the event that the Employer determines economic or operational circumstances require reductions in force, the Employer will give the Union thirty (30) days’ notice of their intent to layoff bargaining unit employees and except shall meet and confer with the Union over alternatives to layoffs and effects of layoffs during the thirty-day notice period. At the time the Employer gives notice of intent to layoff, it will inform the Union of the following: 1) number of employees to be laid off in each department, 2) an explanation for layoffs, 3) the identity by position and name of the Bargaining Unit Employees to be laid off, 4) the reason each Bargaining Unit Employee was selected for layoff, and 5) the date of the layoff. Any unit member whose position may be subject to a layoff, per the Employer’s notice, shall be permitted to use five (5) hours of their work week during the notice period to look for alternative employment. At the conclusion of the above-mentioned thirty (30) day period, if the parties have not reached an agreement as a result of good-faith meeting and conferring, the Employer shall have the discretion to move forward with the layoff plans, subject to the provisions set out forth below. Note: The Employer has discretion to provide pay in lieu of work attendance during the thirty (30) day notice period. In those limited circumstances, the employer will consult with the union prior to notifying the employee. A. Prior to effecting implementing any layoffs of any regular or recurring employeeemployees, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7.Employer shall: 1. Within two (2) weeks of Seek volunteers to be laid off, but the determination that there is Employer retains the exclusive right to accept or not accept a need to reduce the workforce, a meeting will volunteer for layoff. Requests for voluntary layoffs shall not be arranged between the Parties to review the circumstances and to mutually explore optionsunreasonably denied. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end Layoff temporary employees prior to any involuntary layoffs of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the positionregular employees. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It (a) If a reduction in force is agreed that there will be no permanent layoffsnecessary, save and except as set out below. Prior to effecting layoffs shall take place in the inverse order of any regular or recurring employee, the University will take date of hire into the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7Sergeant’s job classification. 1. Within (b) NJIT shall simultaneously provide the SOA and the Sergeant(s) concerned a two (2) weeks week notice of layoff. SOA may request and have scheduled a meeting with the determination that there Manager of Labor Relations to discuss possible alternatives; however, the final discretion rests with NJIT. (c) When a Sergeant is scheduled for a need layoff due to reduce reduction or reorganization in the workforce, he/she shall be permitted, to the extent permitted by law, to exercise his/her seniority rights to replace (bump) a meeting will be arranged between Sergeant or other commissioned police officer with less seniority provided the Parties Sergeant with greater seniority is qualified in all respects to review perform the circumstances and to mutually explore optionswork of the bumped officer. 2(i) For the purpose of this Agreement “qualifications” shall be determined by NJIT. The Parties However, the SOA may discuss any questions of “qualifications” with the Manager of Labor Relations through the labor management committee established under Article VI, (ii) A Sergeant with no previous commissioned police officer experience at NJIT, who successfully exercises his/her bumping privileges into a commissioned police officer position, shall serve a ninety (90) day performance based probationary period. During said period, if NJIT is not satisfied with the Sergeant’s performance, but not earlier than sixty (60) days into the probationary period, it will explore known, upcoming attrition then place such as retirements, resignations, end Sergeant on layoff. A Sergeant thus laid off shall remain entitled to recall for the remainder of contracts the recall period but shall not be entitled to bump again unless recalled and existing vacancies to determine if there he/she successfully completes the associated probationary period after which he/she is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be again laid off. Such employee will be placed in Existence of the positionprobationary period satisfies the notice of layoff requirement. Nothing herein waives or modifies the right of NJIT to terminate a Sergeant for just cause at any time. Discharge during the probationary period is not grievable. 3. Next(iii) Salary Range and Step placement for a Sergeant, successfully exercising the Parties will examine the list of employees holding contract positionscontractually authorized bumping privilege, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can shall be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions.as follows: 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week The Sergeant shall be placed at the same or nearest higher step on the commissioned police office salary range from that step occupied prior to layoff, if available in the range. If not available within the range, then the Sergeant shall be placed at the closest step available within the appropriate range. (d) The parties hereto commit to work together toward minimization of notice under step 5departmental, volunteer to take university and bargaining unit disruption caused by implementation of the contractually authorized layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsbumping scheme.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It When there is agreed that there will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs an indefinite reduction of any regular or recurring employeethe working forces in the department, the University will take following procedure shall govern in making layoffs: A. Part-time and temporary employees in the following steps applicable classification affected, if any, in sequential order as outlined the department shall be laid off first, in Article(s) 11.4, 11.5, 11.6 and 11.7any order. 1. Within two (2) weeks B. Probationary employees in the applicable classification affected shall be laid off next, in any order. C. Department seniority within rank for police officers and within classification for Dispatchers and Para- professionals shall govern layoffs and recalls and the employee who has the lowest department seniority in the rank or classification shall be the first to be laid off and the last to be recalled, provided that the remaining personnel have the ability to perform the duties required of the determination that rank or classification. In the event there is a need reduction of force in the classifications of School Liaison Officer and Detective, seniority in rank shall prevail. Employees so reduced shall take their position in such lower rank or classification in accordance with their seniority. In the event of an increase in force, or a vacancy in the previously held classification, the demoted officer or employee shall not be required to reduce reclassify for the workforce, a meeting will position he occupied and shall be arranged between the Parties re-called to review the circumstances and to mutually explore optionssuch position. 2. D. The Parties will explore knownemployer agrees to demote corporals to police officer in the event there are layoffs, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee a corporal has less seniority than the police officer who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will scheduled to be laid off. Such employee If a corporal is demoted he will then be placed laid off instead of the more senior police officer. In the event of an increase in force, or a vacancy in the previously held classification, the demoted officer shall not be required to reclassify for the position he occupied and shall be re-called to such position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or E. A police officer who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be is laid off and provided has more department seniority may displace a Supplemental Employment Benefit Dispatcher or Paraprofessional with less seniority in the department, in which event the police officer shall be paid and receive all benefits of the Dispatcher or Para- professional he displaces. If a police officer who is laid off had previously been a Dispatcher or Paraprofessional, his seniority as both a police officer and Dispatcher and/or Paraprofessional shall be used to top up Employment Insurance Benefits determine if he can displace a Dispatcher or Paraprofessional at the time of layoff. If a police officer displaces a Dispatcher or Paraprofessional, the police officer's service in and contributions to 80% the Retirement System for police officers shall be frozen until he resumes service as a police officer. While in the Dispatcher or Paraprofessional classification, such police officer shall accumulate service in and make contributions to the retirement system covering Dispatchers and Paraprofessionals. If the police officer returns to a police officer position, he shall be governed by the provision of normal wagesSection 10.7 as to his service in and contributions to the retirement system covering Dispatchers and Paraprofessionals. 5. If after having explored 17.2 A Dispatcher or paraprofessional shall not use his seniority to displace a police officer at the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice time of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It 31.1 Bargaining unit employees shall not be laid off if the City is agreed using temporary employees to do their work. Temporary employees will not be utilized to do the work of bargaining unit employees on the layoff list. 31.2 Layoffs are that there will the discretion of the City. A layoff is defined as a separation of employment. Layoffs may be no permanent due to an elimination of positions. An employee shall be given written notice of layoff or pay in lieu of notice, at the employee’s option, at least thirty (30) calendar days before the effective date, stating the reasons for the layoffs, save and except as set out the options the employee has (see below). Prior The employee shall have seven (7) calendar days from the receipt of the layoff letter to effecting layoffs notify the City of any regular or recurring the employee's option. A copy of the layoff letter shall also be forwarded to the Union. Upon request by the Union, the University will take City shall meet with the Union to discuss alternatives to layoff. 31.3 The layoff procedure shall occur in the following steps manner: (a) The City shall notify, in sequential order as outlined writing, all affected employees of the employee's seniority and the employee's contractual rights. The City shall notify the Union of the seniority of all employees in Article(s) 11.4, 11.5, 11.6 and 11.7all affected positions in writing. 1(b) The City shall determine the specific positions to be eliminated and employees in those positions shall be notified of layoff. Within two (2) weeks If the City selects positions occupied by employees who have greater seniority than other employees with the same classification in a department, the City shall meet with the Union to discuss its decision. Except in the case of a medical layoff where the determination that there is a need to reduce parties engaged in the workforceinteractive process, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving notified of layoff shall have the following options: (1) Accept the layoff. (2) Request assignment to a vacant position within the City for which he/she possesses the necessary qualifications. (3) Displace the employee with the lowest seniority in the same classification in the designated layoff area if the employee is qualified for that position. (4) Displace the employee with the lowest seniority in a classification with a lower pay range in the designated layoff area if the employee is qualified for that position. (5) Displace the employee with the lowest seniority in a classification in the designated layoff area in which the employee has prior service. Displaced employees shall be allowed to select option 1 through 3 above. If there is no position available via those options the employee may select either option 4 or has left 5. (c) For the work place whose work could purpose of this Article, if passing a test is a requirement for new hires for a particular position, a "qualified" employee must pass or have passed the test new hires must pass to be done by a qualified employee who otherwise will be laid off. Such employee will be placed in considered for the position. 3. Next(d) For the purpose of this Article, the Parties will examine the list of employees holding contract positions, or external applicants “designated layoff area” shall be considered to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one be: (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications Public Works* (as defined in Article 18.22) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, Community and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three Economic Development* (3) months.Finance, Information Systems, GIS, and Municipal Court (4) Mayor’s Office and Programs, City Attorney (5) Library

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It is agreed that there will ‌ (a) In the event of a layoff the Employer, Bargaining Unit Chairperson and BCGEU Staff Representative shall meet to discuss the location, classifications and positions of employees which may be no permanent layoffs, save and except as set out belowaffected by the layoff. Prior to effecting layoffs any layoff the employer may canvass any employee or group of any employees to invite resignation with severance as provided for in clause 12.4 (d). (b) In the event of layoff for regular employees, such layoff shall occur in reverse order of service seniority within a classification in the layoff and recall unit affected. (c) An employee affected by a layoff may bump a junior regular employee in the same or recurring employeelower classification within her layoff and recall unit, the University will take the following steps in sequential order as outlined in Article(s) 11.4Appendix III, 11.5, 11.6 and 11.7provided she has the necessary qualifications to perform the job. It is understood that employees electing severance under this provision shall not be entitled to bumping rights or recall. 1. (d) An employee may bump from one location within layoff and recall unit to another location within the same layoff and recall unit only if there are no junior employees in jobs for which she may be qualified, in her own work location. (e) An employee shall be given a reasonable amount of time on the job to acquire facility in the performance of the new job. (f) Within two (2) weeks of the determination being given notice that there she is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such , or that she is being bumped by another employee, the employee will be shall advise the Employer that she wishes to exercise bumping rights under this clause and the new position she wishes to occupy. (g) In the event that an employee is not placed in a job via (c) and (d) above she shall have the position.option of taking priority over the most senior casual employee in either: 3(i) her own location; or (ii) within her layoff and recall unit, and commence her placement on the casual recall list as the casual employee with the most seniority in that office. Next, This option must be exercised by the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments employee within two (LTA2) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs weeks of the University, employees will be laid off employee being placed in a job via (c) and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages(d) above. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.

Appears in 1 contract

Samples: Collective Agreement

Layoff. It 31.1 Bargaining unit employees shall not be laid off if the City is agreed that there using temporary employees to do their work. Temporary employees will not be no permanent utilized to do the work of bargaining unit employees on the layoff list. 31.2 A layoff is defined as a separation from the City due to an elimination of positions or a reduction in hours. An employee shall be given written notice of layoff or pay in lieu of notice at least fifteen (15) calendar days before the effective date, stating the reasons for the layoffs, save and except as set out belowthe options the employee has. Prior The employee shall have seven (7) calendar days from the receipt of the layoff letter to effecting layoffs notify the City of any regular the employee's option. A copy of the layoff letter shall also be forwarded to the Union. The City shall meet with the Union to discuss alternatives to layoff. 31.3 The layoff procedure shall occur in the following manner: (a) The City shall notify, in writing, all affected employees of the employee's seniority and the employee's contractual rights. The City shall notify the Union of the seniority of all employees in all affected positions in writing. (b) The City shall determine the specific positions to be eliminated or recurring employeereduced in hours and employees in those positions shall be notified of layoff. If the City selects positions occupied by employees who have greater seniority than other employees with the same classification in a department, the University will take City shall meet with the Union to discuss its decision. An employee who is notified of layoff shall have the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7.options: 1. Within Accept the layoff or reduction in hours. 2. Request assignment to a vacant position within the City for which he/she possesses the necessary qualifications. 3. Displace the employee with the lowest seniority in the same classification in the designated layoff area if the employee is qualified for that position. 4. Displace the employee with the lowest seniority in a classification with a lower pay range in the designated layoff area if the employee is qualified for that position. 5. Displace the employee with the lowest seniority in a classification in the designated layoff area in which the employee has prior service. Displaced employees shall be allowed to select option 1 through 3 above. If there is no position available via those options the employee may select either option 4 or 5. (c) For the purpose of this Article, if passing a test is a requirement for new hires for a particular position, a "qualified" employee must pass or have passed the test new hires must pass to be considered for the position. (d) For the purpose of this Article, “designated layoff area” shall be considered to be: 1. Public Works* 2. Community and Economic Development* 3. Finance, Information Systems, GIS, and Municipal Court 4. Mayor’s Office and Programs, City Attorney 5. Library 6. Police *Support Specialist positions in Public Works and Community and Economic Development may bump between these two (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionsdepartments. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is 31.4 Employees who displace an employee who is leaving or has left in a lower classification shall go to the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the positionstep closest to, but not higher than, their current salary. 3. Next, the Parties will examine the list 31.5 Ties in seniority shall be broken by date of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5application. If after having explored the above stepsa tie still exists, it is determined shall be broken by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layofflot. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It The Employer recognizes that layoffs have significant negative impact on employees. The Hospital shall make every reasonable effort to avoid layoffs. The Employer retains the authority and discretion to determine whether, when and to what extent a layoff of bargaining unit employees is agreed that there will to be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7implemented. 1. Within two (2) weeks of Should a layoff be necessary, the determination that there is a need anticipated length and reasons for such shall be sent to reduce the workforceUnion. Such notification shall be given as soon as possible. As permitted by law, a meeting minimum layoff notice of twenty (20) calendar days shall be provided to the Union, the employees affected and those who might be affected before any layoff takes place. At the same time employees shall be advised of all vacant positions, except in situations that the Hospital could not have reasonably foreseen; such as natural disaster (such as fire, flood, act of God, explosion, prolonged equipment failure or war) and in those cases the Hospital will give such notice as is reasonable and practicable under the circumstances. Employees shall subsequently be arranged between advised of any bumping rights they may have after the Parties to review the circumstances Union and to mutually explore optionsHospital management have met. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end At the request of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. NextUnion, the Parties will examine Employer and the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this Union shall meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week to discuss any possible layoff in order to explore alternatives to layoff including, but not limited to, job sharing and voluntary reduction of notice under step 5, volunteer to take hours. The Hospital will advise the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s workUnion of all vacant positions and/or bumping rights. 3. In such casethe event the Employer decides to effectuate a layoff, the exchange Hospital will take place as soon as possiblefirst ask for volunteers. If there are no volunteers, and the senior employee or there are an insufficient number of volunteers, employees will be laid off, by bargaining unit seniority. Layoffs will occur according to the following procedures: a) Temporary and probationary employees shall be laid off and will receive first in that order. b) Non-probationary employees within the remainder of notice of layoff in lieu, plus their severance entitlement, but cost center (i.e. full-time or part-time) shall have no recall rights. This provision does not apply if be the senior employee has unique skills which cannot next to be replaced in up to three (3) monthslaid off based on bargaining unit seniority.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It Xxxxxx is agreed that there will be no permanent layoffsa separation of an employee from service of the Center because of lack of work, save and except as set out belowlack of funds, or reorganization. Prior to effecting layoffs In the event of any regular or recurring employeea layoff, the University Center will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within give at least two (2) weeks weeks’ advance written notice to the employee. A copy of each written notification shall be provided to the Union. This advanced notice requirement shall not apply to probationary employees, temporary employees, or in emergency situations. The parties agree that employees in teaching classifications are employed on an annual basis even though no work may be required of them during the summer vacation period and even though they receive their salary during the normal school term each year. Accordingly, they are not laid off at the end of the determination that there is normal school year and the above requirements for a need to reduce written notice of layoff do not apply in such instances. In the workforceevent the employee’s services will not be required at the commencement of the next school term, the requirement for notification of layoff provided above shall apply. When layoffs occur, temporary employees in a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will classification shall be laid off. Such employee will be placed off first, followed then by probationary employees in the position. 3classification, followed then by employees in the classification who have completed the probationary period. NextWhen layoffs occur, employees who have completed the Parties will examine the list probationary period shall have priority for remaining hours of work in a classification over employees holding contract positionsworking in temporary, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more less than twenty-six (26) weeks. Should this meet the needs of the Universityhour-per-week, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above stepsor probationary status, it is determined by the University that a layoff will be requiredhowever, the least senior employee Center shall retain the right to determine the number of employees required and the number of hours assigned to each employee. Layoffs shall be by job classification in the redundant position will be identified and provided with notice inverse order of layoff. 6employment. An employee who subject to layoff in a classification to which the employee has more seniority than been promoted to from a lower classification shall be offered a position in a classification from which he/she was promoted within the identified employee may, within one (1) week of notice under step 5, volunteer two years prior to take the layoff if date. Additionally, employees subject to layoff shall be offered other open positions within the junior employee has the minimum required qualifications (as defined in Article 18.2) center that they are qualified to perform by virtue of prior experience or training. The pay rate for an employee subject to layoff who transfers to a position in another classification shall be adjusted to the senior pay rate that applies to the employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsnew classification.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It is agreed The Company recognizes the desirability in general, of retaining employees with longer continuity of service, and the Union recognizes that there the Company must maintain an effective force. The Company shall provide written notice of layoff of one (1) month to the Union and to each employee so affected, unless the circumstancesresulting in the layoff are not within the control of the Company. Cases of contemplated layoff will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks discussed by representatives of the determination that there is a need Company with representatives of the Union to reduce explore ways of assisting affected employees in obtaining suitable employment or outside the workforce, a meeting Company. Layoffs will be arranged between in reverse order of seniority in the Parties classification provided that the senior employees have the qualifications, experience, and ability to review perform the circumstances and remaining work following a reasonable familiarizationperiod, not to mutually explore options. 2exceed four (4)weeks. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an An employee who is leaving designated for layoff in accordance with this Article will have the alternative of being laid off or displacing an employee with less seniority, in an alternate classificationin the same or lower salary range, provided the employee designated for layoff has left the qualifications, experience and ability to perform the required work place whose work could be done by following a qualified employee who otherwise reasonable familiarization period, not to exceed four (4)weeks. In the event of possible layoff the Company will be laid off. Such employee will be placed cease to hire new staff in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions classification affected and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees employee with seniority will be laid off and provided while a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above stepsprobationary employee, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6area affected, is retained. An employee on the seniority list who has is laid off and does not otherwise voluntarily resign, shall be retained on the recall list for a period equal to the employee’s length of service but not more seniority than twelve (12) months unless recalled within that period to work at the identified employee may, within one (1) week of notice under step 5, volunteer to take same classification level which the layoff if took place. The Company will maintain a recall list, a copy of which will be provided monthly to the junior employee Union. Recalls shall be made from the recall list in reverse order of layoff provided that the eligible person has the minimum required qualifications (as defined in Article 18.2) qualifications, experience and ability to perform the senior employee’s work. In such caseNo new employee shall be hired in the classification affected until those on the recall list have been given the opportunity of recall. Upon request, employees on the exchange will take place as soon as possible, and the senior employee recall list will be laid off sent copies of the Vancouver job and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not be entitled to apply if the senior employee has unique skills to positions for which cannot be replaced in up to three (3) monthsthey are qualified.

Appears in 1 contract

Samples: Collective Agreement

Layoff. It Section 1. An appointing authority may lay off a bargaining unit member whenever such action is agreed made necessary by reason of shortage of work or funds, the abolition of a position or because of changes in organization; however, no regular employee shall be laid off while there are temporary, provisional or probationary employees serving in the same class of position for which the regular employee is eligible and available. Section 2. Whenever the layoff of one or more employees shall become necessary the appointing authority shall notify the Director of Human Resources, at least ten days in advance, of the intended actions and the reasons therefore. The Director of Human Resources shall thereupon furnish to the appointing authority the names of the employees to be laid off in the order in which such layoff shall be effected. The Director of Human Resources shall make every effort to notice the Union in advance of classes within the bargaining unit that there will be no permanent involved in the layoff. Section 3. Such layoff shall be made within classifications of positions and departments when probationary and regular employees are involved. Temporary and provisional employees, irrespective of department, shall be laid off, in that order, prior to layoff of probationary or regular employees. Section 4. The order of layoff shall be in reverse order of total continuous City service upon the date established for the layoff to become effective. In the event of a tie in total continuous City service, the employees’ most recent performance evaluation rating shall control. Section 5. In lieu of the foregoing provisions governing layoffs, save and except whenever a layoff occurs as set out below. Prior to effecting layoffs a result of any abolition of a position occupied by a regular or recurring employee, the University will take City Manager may, in his/her discretion, offer to the affected employee one (1) of the following steps in sequential order as outlined in Article(soptions: (a) 11.4Allow the employee to retire early without penalty, 11.5if the employee is otherwise eligible for early retirement and such employee is within four (4) years of normal retirement (55 years of age). This option shall be governed by the provisions of the applicable Pension Ordinance; or (b) Allow the employee to transfer to another position. If the compensation to be paid to the employee at the transferred position is lower than that paid to the employee when his original position was abolished, 11.6 compensation will continue to be paid at the rate existing and 11.7. 1. Within two paid to the employee for the eliminated position when the layoff occurred, according to the following schedule: Years of Total Compensation Continuous Service Constant Eight (8) years Two (2) weeks of years Over fourteen (14) years Three (3) years Over twenty (20) years Four (4) years; or (c) The employee may be given severance pay as provided in the determination that there is a need to reduce the workforcePay Ordinance, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionsSection 20- 79. 2Section 6. The Parties will explore knownAny interruption of employment not in excess of fifteen calendar days because of adverse weather conditions, upcoming attrition such as retirements, resignations, end shortage of contracts and existing vacancies to determine if there is an employee who is leaving materials or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positionsequipment, or external applicants to Limited Term Appointments (LTA) for other unexpected or who are on probation to determine whether the redundancy can unusual reasons shall not be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of considered a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6Section 7. An employee who has more seniority than been laid off may submit a written request to the identified employee may, within Director of Human Resources to have their name placed on a reemployment list for their class. The reemployment list will remain valid for one (1) week year following the date of notice under step 5, volunteer to take layoff. The reinstated employee shall be treated as a new entrant. Section 8. The City shall be prohibited from changing the layoff if job descriptions of any position within the junior employee has bargaining unit within the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, 60 days before and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months60 days after a layoff.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It A. Layoff is agreed that there will be no permanent layoffs, save and except defined as set out below. Prior to effecting layoffs of any regular or recurring employee, a reduction in the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7work force. 1. Within two (2) weeks of Layoffs, as required, shall be made within the determination that there is a need to reduce affected classifications in the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionsaffected department. 2. The Parties will explore knownIn the event of a layoff, upcoming attrition such as retirementsa nurse who may be temporary, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving contractual or has left the work place whose work could be done by a qualified employee who otherwise will probationary shall be laid off. Such off before a seniority employee will be placed in the positionaffected classification. 3. NextIf a further reduction in the work force is required, such reduction in the Parties case of seniority employees will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved made by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twentypart-six time seniority employees (26excluding job share employees) weeksin inverse order of bargaining unit seniority within the affected classification in the affected department. Should this meet further reductions in the needs of the Universityaffected classification be necessary, full-time seniority employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% by inverse order of normal wagesbargaining unit seniority in the same manner as part-time employees. 54. If after having explored When a seniority employee is laid off, due to a reduction in the above stepswork force, it is determined by the University that a layoff will he or she shall be required, permitted to exercise his/her seniority rights to replace the least senior employee in an equal or lower job classification wherein they have superior bargaining unit seniority. Such employee may replace an employee in an equal or lower job classification under the redundant position will be identified following conditions: a. They shall have bargaining unit seniority as required and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.234, Seniority, of this Agreement. b. Current ability to do the available work and meet the qualifications. c. Any employee who has exercised his/her “replacement rights” under this Article shall be provided a sixty (60) day training and orientation period for the position consistent with Macomb County Health Department Practice Standards and/or Medical Standing Orders. An additional thirty (30) day training and orientation period may be utilized, at the Employer's discretion, if the employee's performance is not deemed satisfactory. At the conclusion of the thirty (30) day trial and orientation period, if the Employer determines the employee is unable to successfully perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be placed on layoff. d. A seniority employee who qualifies for rights as set forth above, shall have the right to exercise such right or to accept layoff. Failure of the affected employee to exercise such “replacement rights” at the time of layoff, will result in forfeiture of “replacement rights” during the term of such layoff. B. Employees to be laid off and for an indefinite period of time will receive the remainder of have at least ten (10) working days notice of layoff in lieusuch layoff. The staff council chairperson and the Association shall receive a list from the Employer, plus their severance entitlementof the employees being laid off, but shall have no recall rights. This provision does not apply if on the senior employee has unique skills which cannot be replaced in up same date as the notices are issued to three (3) monthsthe employees.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It is agreed that there will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employee, Should the University will take Employer determine the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks of the determination that there is a need to reduce the workforcework force, a meeting will it shall occur as follows: A. Temporary employees in the affected Divisions shall be arranged between the Parties to review the circumstances and to mutually explore options. 2laid off first. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there If further reduction is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise necessary then probationary employees will be laid off. Such employee will be placed in the positionoff next. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who B. If further reductions are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the Universitynecessary, employees will be laid off by classification in reverse order of seniority (least senior to most senior). Employees who are to be laid off may choose to exercise bumping rights using their seniority and provided qualification as follows: 1. Into any classification within their division in which they can meet minimum qualifications and in which the movement is lateral or a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wagesdemotion. 52. If after having explored the above steps, it is determined by the University that Employees who are unable to bump anyone within their Division or classification may then bump a layoff will be required, the least less senior employee in another Division or classification which the redundant position employee holds the qualifications as outlined in the job description. In no case shall an employee gain in wages or hours through the bumping process. 3. Employees who are displaced from their work assignment because of a layoff or other Employer actions will be identified allowed to use their seniority to 4. The Board reserves the right to schedule a “bumping” meeting with the Union and provided with notice of layoffall potentially affected employees to complete this bumping process at a single meeting. 6. An C. Any employee who has more seniority than bumping rights as set forth above shall have the identified employee may, within one (1) week of notice under step 5, volunteer right to take either exercise the bump or to accept the layoff if until recalled. D. The employees who are displaced after the junior employee bumping process has the minimum required qualifications (as defined in Article 18.2) to perform the senior been exhausted shall be laid off. The employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will seniority shall be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in frozen for up to three (3) monthsyears or the duration of his/her seniority at the time of layoff whichever is less, or until recalled to a position within the bargaining unit, which ever comes first. E. Employees to be laid off for an indefinite period of time will have at least ten (10) work day’s notice of layoff except in emergency. The local Union President or their designated representative shall be sent a list of the employees being laid off. F. Laid off employees and 10-month employees may sign up in the Maintenance Office for substitute work in their own Division or in other Divisions on the basis of seniority and qualifications. A copy of the signed substitute sheet will be given to the president of the Union. G. An employee who has been laid off, and who is called to substitute in his/her own Division, will be paid at Step 1. When the employee is called to substitute in other than his/her own division, s/he will be paid at the district sub rate. H. A laid off employee who is assigned to a position known to be vacant for at least twenty-five (25) work days shall have medical, optical and dental insurance effective the first of the month following assignment.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It A. An employee may be laid off by the Employer in the manner herein provided when there is agreed that a lack of work or funds, which requires a reduction in personnel. Under this contract there will be no permanent layoffsminimum number of bargaining unit employees that the City must retain at work, save and except those clerical employees remaining on the job as set out below. Prior of October 1, 2012 shall not be subject to effecting layoffs layoff during the term of this contract. B. No regular employee shall be laid off while there are limited term, part-time, probationary or provisional employees serving positions in the same classification, nor shall any probationary employee be laid off while there are limited term, part-time or provisional employees serving in positions in the same classification. C. When the need arises for laying off regular or recurring employeeemployees, the University will take individual employees shall be laid off in the following steps in sequential inverse order of their seniority, as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7already defined. D. When the need arises for laying off of an employee serving a promotional probationary period, such employee shall be returned to a position in the classification from which he was promoted and layoff shall be made from said classification in the manner herein provided. E. Should the City determine to lay off an employee from a job classification with the least amount of City-wide seniority. This employee shall have the right to bump into ajob classification of equivalent or lower compensation level, provided: (1. Within ) The bumping employee has more City-wide seniority than the bumped employee; (2) the bumping employee is capable of performing the bumped employee's job with a minimum of four (4) week trial period. F. The Employer shall furnish the Local Union President a list of the employees to be laid off two (2) weeks in advance of the determination that there is layoff and a need copy of the layoff notice shall be furnished to reduce the workforce, a meeting will be arranged between the Parties employees two (2) weeks prior to review the circumstances and to mutually explore optionsbeing laid off. 2. The Parties will explore knownG. Notwithstanding anything to the contrary herein, upcoming attrition such contained in this collective bargaining agreement, seniority as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed utilized in the position. 3. Nextparties' collective bargaining agreement, the Parties will examine the list of employees holding contract positionsincluding but not limited to, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can determining layoffs and bumping rights, shall be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University actual time that a layoff will be required, bargaining unit member is employed by the least senior employee in City as an active member of the redundant position will be identified and provided bargaining unit. Any portion of an employee's career of employment with notice the City that is served outside of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but bargaining unit shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthscounted towards that employee's seniority.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It is agreed that there (a) A layoff shall be defined as a cessation of employment or the elimination of a job resulting from a reduction of the amount of work required to be done by the Employer. A reduction in the number of an employee's scheduled hours of work does not constitute a layoff unless the employee has their hours reduced in excess of seven and one-half hours or more every two weeks for a period in excess of eight weeks. (b) If the Employer intends to reduce an employee's scheduled hours of work, a minimum of two weeks' written notice will be no permanent layoffs, save given to the employee. If the reduction of an employee's scheduled hours of work results in the loss of an employee's entitlement to benefits under Article 26 - Health and except as set out below. Prior to effecting layoffs of any regular or recurring employeeWelfare Benefits, the University employee will take retain their entitlement to such benefits during the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) first four weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionsreduction of hours. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left (c) In the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility event of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the Universitylayoff, employees will shall be laid off and provided by job classification in reverse order of seniority within a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wagesclassification. 5. If after having explored (d) A laid off employee may bump the above steps, it is determined by the University that a layoff will be required, the least senior most junior employee in any classification, provided the redundant position will be identified and provided with notice of layoff. 6. An laid off employee who has more seniority than and is qualified and has the identified ability to do the job of the less senior employee. However, in no circumstances will an employee may, within one affect a promotion through a bump. (1e) week of notice under step 5, volunteer to take A laid off employee who bumps the layoff if the most junior employee has shall be paid at the minimum required qualifications hourly rate of the classification they are bumping into, at the rate corresponding with their previous placement on the grid. (as defined f) Employees who are laid off will have the option of having their name included on both the casual call-in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, list for their department and the senior employee will recall list. Such laid-off employees shall notify the department manager in writing of their desire to be laid off and will receive placed on the remainder of notice of layoff casual call-in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthslist.

Appears in 1 contract

Samples: Collective Agreement

Layoff. It Section 1. A layoff is agreed that there will defined as a separation from the service for involuntary reasons not reflecting discredit on an employee. An employee shall be no permanent layoffsgiven written notice of layoff as far in advance as possible but not less than fifteen (15) calendar days before the effective date, save stating the reasons for the layoff. Section 2. The layoff procedure shall occur in the following manner: A. The OSFM shall determine the specific positions to be vacated and except as set out belowemployees in those positions shall be notified of layoff. Prior The Agency shall notify, in writing, all affected employees of their service credits and contractual bumping rights. The Agency shall notify the Union of the service credits of all employees in all affected positions in writing. The OSFM shall also post a copy of the service credits of all affected positions on employee bulletin board and mail a copy to effecting layoffs all employees not having a formal office. B. Temporary employees working in the classification in which a layoff occurs shall be terminated prior to the layoff of trial service or regular employees. C. Employees shall be laid off and service credits calculated within the following separate categories: Permanent full-time positions; Permanent part-time positions. An initial trial service employee can not displace any regular or recurring status employee, the University will take . D. An employee notified of a pending layoff shall select one (1) of the following steps options and communicate such choice in sequential order as outlined writing to the Personnel Section within five (5) calendar days from the date the employee is notified in Article(swriting and has a service credits list provided (in hand) 11.4, 11.5, 11.6 and 11.7to the affected employee. 1. Within two (2) weeks of The employee may displace an employee in the determination that there OSFM with the lowest service credits in the same classification for which he/she is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionsqualified. 2. The Parties will explore knownemployee may demote to the lowest service credits position in any classification for which he/she is qualified within the OSFM. Employees who elect to demote shall be placed on any layoff list of his/her choice, upcoming attrition such as retirementswithin the OSFM, resignations, end of contracts and existing vacancies for the classification from which he/she demoted. 3. The employee may elect to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such An employee will who elects to be laid off shall be placed on any layoff list of his/her choice, within the OSFM, for the classification from which he/she was laid off. E. To be qualified for the options under Section 3(D)(1) and (2) the employee must meet all of the minimum qualifications for the position's classification and must be capable of performing the specific requirements of the position as stated in the position description within two weeks. An employee who is seeking to bump another employee has no right to a trial service period of any duration in the position into which the employee is attempting to bump. Further, the two week time period is for the purposes of orienting an employee to the position, not training the employee to perform the work. Therefore, it is necessary that the employee can perform all of the duties and responsibilities of the position as determined by the Agency prior to bumping into the position. F. When exercising an option under Section 3(D)(1) and (2) an employee shall only be eligible to displace another employee with a lower service credit. Section 3. NextComputation of service credit for regular status employees shall be made as follows: A. One (1) point per month for each full month of unbroken service in OSFM service and one-half (.5) point per month for each full month of unbroken service in State service excluding temporary service. A break in service is a separation or interruption of employment without pay of more than two (2) years. All part-time service shall be credited on a prorated basis. Periods of leave without pay will be deducted from service credit calculations. When a layoff is announced, service credit scores shall be frozen on that date until the layoff and any subsequent bumping activity is completed. B. If two (2) or more employees have equal service credits, the Parties will examine tie shall be broken as follows, with most credit given to: 1. Length of continuous service with the OSFM; 2. Length of continuous service in the job classification. Section 4. Any trial service employee who is laid off or demoted in lieu of layoff shall not be placed on the OSFM layoff list, but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether eligibility that existed at the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into time of appointment from the positionslist. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. Section 5. If after having explored Any employee demoted in lieu of layoff may request at that time and shall be paid for all accrued compensatory time at the above steps, it is determined by the University that a layoff will be required, the least senior employee rate being earned prior to demotion in the redundant position will be identified and provided with notice lieu of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It When there is agreed that there will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs an indefinite reduction of any regular or recurring employeethe working forces in the department, the University will take following procedure shall govern in making layoffs: A. Part-time and temporary employees in the following steps applicable classification affected, if any, in sequential order as outlined the department shall be laid off first, in Article(s) 11.4, 11.5, 11.6 and 11.7any order. 1. Within two (2) weeks B. Probationary employees in the applicable classification affected shall be laid off next, in any order. C. Department seniority within rank for police officers and within classification for Dispatchers and Paraprofessionals shall govern layoffs and recalls and the employee who has the lowest department seniority in the rank or classification shall be the first to be laid off and the last to be recalled, provided that the remaining personnel have the ability to perform the duties required of the determination that rank or classification. In the event there is a need reduction of force in the classifications of School Liaison Officer and Detective, seniority in rank shall prevail. Employees so reduced shall take their position in such lower rank or classification in accordance with their seniority. In the event of an increase in force, or a vacancy in the previously held classification, the demoted officer or employee shall not be required to reduce reclassify for the workforce, a meeting will position he occupied and shall be arranged between the Parties re-called to review the circumstances and to mutually explore optionssuch position. 2. D. The Parties will explore knownemployer agrees to demote sergeant to police officer in the event there are layoffs, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee a sergeant has less seniority than the police officer who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will scheduled to be laid off. Such employee If a sergeant is demoted he will then be placed laid off instead of the more senior police officer. In the event of an increase in force, or a vacancy in the previously held classification, the demoted officer shall not be required to reclassify for the position he occupied and shall be re-called to such position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or E. A police officer who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be is laid off and provided has more department seniority may displace a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% Dispatcher or Paraprofessional with less seniority in the department, in which event the police officer shall be paid and receive all benefits of normal wages. 5the Dispatcher or Para-professional he displaces. If after having explored the above steps, it a police officer who is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off had previously been a Dispatcher or Paraprofessional, his seniority as both a police officer and will receive Dispatcher and/or Paraprofessional shall be used to determine if he can displace a Dispatcher or Paraprofessional at the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.time of

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It is agreed that there 1. Layoff shall be defined as a reduction in work force beyond normal attrition. 2. The employer will determine what programs are to be eliminated or reduced. 3. Probationary employees, within the affected classifications, will be no permanent layoffslaid off first. 4. Employees in a full-time position, save and except who are reduced to a lesser position, shall have recall rights to a full-time position. (see B. Recall #5). 5. Laid off employees who desire to work as set out belowsubstitutes or fill temporary vacancy during a layoff period, will notify the superintendent's office of their availability. Prior The employer will attempt to effecting layoffs call qualified substitutes from this list. If a temporary vacancy is available, laid off employees not currently filling a temporary vacancy shall be called in seniority order to fill the position, providing they meet any necessary training requirements. a. A position known to be a temporary vacancy is not subject to recall. b. Employees selected to fill temporary vacancies will be called when such positions become available. 6. In temporary reductions of any regular or recurring employeeemployees for periods of less than thirty days, the University will employee of highest seniority within the classification may opt to take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7reduction layoff. Such employee must be working an equal or less number of hours than the lower seniority employee who is scheduled for layoff. 17. Within Dual Seniority a. Employees will have seniority within their highest paid position, and will have total seniority for all classifications they have worked in. b. Total years of seniority within both classifications could not be used to bump within the higher paid job classification. c. In the event of a layoff, they could use their total seniority to bump down to a lower paid classification, provided they have experience in that classification. d. Employees who have been laid off within a job classification, who have no previous experience in lower job classification, may make application to fill jobs being held by probationary employees in the lower job classification. 8. A voluntary leave in lieu of layoff will be considered by the employer under the following conditions: a. The granting of such leave will prevent the layoff of a less senior employee. b. Such leave is requested in writing by the employee at least two (2) weeks in advance of the determination that there is a need to reduce the workforce, a meeting effective date of layoff. c. Seniority shall accumulate during such leave. Accumulated sick days and salary step placement shall be frozen during such leave. d. Return from such leave will be arranged to a position in the same classification as the employee held prior to leave provided that the person returning from leave has greater seniority than the lowest senior person within the classification. e. Date of return shall be mutually agreed upon between the Parties employer and employee prior to review the circumstances effective date of the leave. Return date may be adjusted by mutual agreement between the employer and employee if requested by either party prior to mutually explore optionsthe end of the leave period. 29. The Parties Persons on layoff will explore knownnot lose previously accumulated seniority or sick leave, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving but will not accumulate additional seniority or has left sick leave during the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the positionlayoff period. 310. NextPrior to layoff notices being sent to employees, the Parties district will examine discuss the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether tentative layoff plans with the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positionsUnion President. 411. The Parties Employees will explore the possibility of receive a short-term layoff of no more than twenty-six fourteen (2614) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with calendar day notice of layoff. 612. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be Employees being laid off and will shall receive fringe benefits through the remainder end of notice of layoff the month in lieuwhich they are laid off, plus their severance entitlementor thirty (30) calendar days, but shall have no recall rightswhichever is greater. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsEmployees may continue insurance benefits on a self-pay basis during layoff, as per COBRA.

Appears in 1 contract

Samples: Master Agreement

Layoff. It If it is agreed determined by the City Manager that there will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employeea layoff is necessary, the University will take following provision shall apply: Employees within the classification involved shall be laid off in the following steps order of appointments: part-time probationary, full-time probationary, part-time regular and full- time regular. The order of layoff of part-time regular and full-time regular employees shall be based on the length of service of the employee within the classification. Length of service shall include the length of time in sequential order the present classification as outlined well as any previously held classifications. In any case in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within which the length of service is equal between two (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Nextmore affected employees, the Parties will examine employee with the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can higher rated current performance evaluation shall be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeksretained. Should this meet the needs of the UniversityCity be forced to consider layoffs, temporary employees will be laid off and provided before any regular employee occupying an equivalent classification loses their position. No situation shall occur where a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% regular employee loses their job while a temporary retains theirs when they have been working side-by-side in the same capacity, no matter what the length of normal wages. 5. If after having explored time that the above steps, it is determined temporary has been employed by the University City. It is understood by all parties hereto that this MEMORANDUM OF UNDERSTANDING represents a layoff will complete and final understanding on all negotiable issues between the City and the Association. This MEMORANDUM OF UNDERSTANDING supersedes all previous memoranda of understanding or memoranda of agreement between City and Association except as specifically referred to in this MEMORANDUM OF UNDERSTANDING. All ordinances or rules covering any practices, subjects, or matter not specifically referred to in this MEMORANDUM OF UNDERSTANDING shall not be requiredsuperseded, modified, or repealed by implication or otherwise by the provisions hereof. The parties, for the term of this MEMORANDUM OF UNDERSTANDING, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject, or matter not specifically referred to or covered in this MEMORANDUM OF UNDERSTANDING even though such practice, subject, or matter may not have been within the knowledge of the parties at the time this MEMORANDUM OF UNDERSTANDING was negotiated and signed. In the event any new practice, subject, or matter arises during the term of this MEMORANDUM OF UNDERSTANDING and any action is proposed by the City, the least senior employee in Association shall be notified and shall have the redundant position will be identified right to meet and provided with notice confer upon request. In the absence of layoff. 6. An employee who has more seniority than agreement on such a proposed action, the identified employee may, within one (1) week of notice under step 5, volunteer City reserves the right to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsnecessary action by Management Direction.

Appears in 1 contract

Samples: Memorandum of Understanding

Layoff. It 16.01 Employees shall be laid off in each job classification in reverse of seniority and recalled in order of seniority. 16.02 Laid off employees who wish to be notified of job vacancies, other than those to which they have recall rights, may signify their desire in writing prior to lay-off and shall be entitled to apply for such jobs in compliance with 14.05(e). 16.03 The Employer shall give employees who are to be laid off as much advance notice as is agreed possible and in no case shall notice or pay in lieu of notice be less than the amounts provided under the Employment Standards Act. 16.04 As a result of a layoff, no employees will have their regular work hours increased. 16.05 As a result of attrition, no employee shall have their regular work hours increased unless approved by the employee and the Union. 16.06 No new employee shall be hired until all laid off employees in that there will be no permanent layoffs, save and except as set out below. Prior job classification have been given the opportunity to effecting layoffs return to work in compliance with 14.05 (e). 16.07 In the event of any regular or recurring employeelayoff, the University will take Employer shall lay off employees within their classification starting with the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7least senior. 1. Within two (2i) weeks accept the layoff; or ii) displace an employee who has lesser seniority, and is of the determination that there same status (full or part-time), if the employee originally subject to the layoff is a need to reduce qualified for and can perform the workforce, a meeting will duties without training other than orientation. Such employee so displaced shall be arranged between the Parties to review the circumstances laid off and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is may bump an employee who is leaving of the same status (full or has left part-time), and who is a less senior employee, if the work place whose work could be done by a employee originally subject to layoff is qualified for and can perform the duties without training other than orientation. Such employee who otherwise will so displaced shall be laid off. iii) where a full-time employee cannot bump another full-time employee in accordance with the above, she can displace a part-time employee who is less senior provided she is qualified for and can perform the duties without training other than orientation. Such part-time employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will so displaced shall be laid off and provided a Supplemental Employment Benefit shall be entitled to top up Employment Insurance Benefits to 80% of normal wages. 5the rights as set out in (ii) above. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An A part-time employee who has more seniority than cannot bump another part-time employee shall likewise have the identified right to displace a less senior full-time employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to provided she is qualified for and can perform the senior employee’s workduties without training other than orientation. In such case, the exchange will take place as soon as possible, and the senior Such full-time employee will so displaced shall be laid off and shall be entitled to the rights set out in (ii) above. The decision of the employee to choose (i), (ii), or (iii) shall be given in writing to the Manager within seven (7) calendar days following the notification of layoff. An employee failing to do so, will receive be deemed to have accepted the remainder of notice of layoff in lieu, plus layoff. Any other employee subsequently bumped must exercise their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to bumping rights within three (3) monthsdays of their being bumped. iv) orientation is defined as an opportunity for the Employer to advise the bumping employee of any particular requirements, procedures, or aspects of the job and for bumping employees to become familiar with the job processes and requirements. It is not a training period. An employee shall have the opportunity of recall from a layoff to an available opening, in order of seniority, provided she has the qualifications and ability to perform the work without training other than orientation. The positions shall be posted first. Applicants currently working, as well as those on layoff, will be considered in accordance with the job posting procedure in Article 15. A laid off employee shall retain the rights of recall for a period of thirty (30) months from the date of layoff. In determining the ability of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. In the event of a layoff commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the layoff commenced. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, 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 Employer of her intention to return to work within five (5) 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 Employer (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within seven (7) working days after being notified. 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 to work. The employee is solely responsible for her proper address being on record with the Employer. Employees recalled to temporary positions as a result of being the successful applicant are entitled to refuse such an offer without losing their recall rights. Employees recalled to permanent positions as a result of being the successful applicant will be advised that the recall satisfies the requirements for recall in the Collective Agreement and that they will not be entitled to further recall. When a laid off employee bids for and is successful in obtaining a posted permanent position, she shall have no further recall rights. Employees on layoff are responsible for maintaining the necessary qualification for performing the work from which they are laid off. If the Employer lays off employees from a particular Program, the employees will be considered qualified for the purposes of recall in that Program during their entire recall period, unless prohibited by law. Persons on layoff shall be deemed to have applied for all such jobs while they retain recall rights. Notice of Layoff In the event of a proposed layoff of a permanent or long-term nature, the Employer shall provide to the affected employees, written notice of layoff, or pay in lieu thereof in accordance with the Employment Standards Act. A layoff of a long-term nature is defined as a layoff for a period of more than twelve (12) weeks.

Appears in 1 contract

Samples: Collective Agreement

Layoff. It When the Board determines it is agreed that there necessary to reduce the bargaining unit staff, the following procedures will be no permanent layoffsfollowed with respect to ancillary staff members whose employment is not regulated by the Michigan Teachers’ Tenure Act: a. The Board will determine the educational program(s) to be offered, save the number of persons to be laid off, and except as set out belowthe specific position(s) to be reduced or eliminated. Prior to effecting layoffs The Association shall be notified of any regular or recurring employeeproposed layoffs through its President, and shall be advised in writing by the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 Board concerning which positions and/or teachers would be affected including transfers and 11.7reassignments. 1b. An ancillary staff member not subject to the Teacher Tenure Act (“Staff Member”) being laid off pursuant to the foregoing procedure shall be offered an opportunity to displace (i.e. “bump”) the least senior staff member in the District in a specific position (if any) for which the laid off staff member is certified and qualified. Within The staff member shall be advised of the specific position into which he/she may “bump”; and, if he/she elects to “bump,” the staff member being “bumped” will be laid off instead; provided, however, that the “bumped” staff member shall also be afforded the same “bumping” rights. A staff member who elects not to exercise his/her “bumping” rights may not, following layoff, choose to do so. c. For the purposes of bumping, a part-time staff member may bump the least senior full or part time staff member in a specific position (if any) for which the laid off part time staff member is certified and qualified. A part-time staff member may decline a full time bump and retain rights to recall when available. d. A reduction in hours shall constitute a partial layoff; a staff member whose hours are reduced may elect to accept partial employment or be laid off. Rejection or acceptance of partial employment will not affect the staff member’s right to recall when available. e. Staff members being laid off shall be notified in writing not less than thirty (30) calendar days before their work is to be curtailed. f. Staff members who have not completed their period of probation with the District at the time of their layoff shall retain recall rights (unless abandoned or forfeited) with the District for a period not exceeding two (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of years following their layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.

Appears in 1 contract

Samples: Master Agreement

Layoff. It is agreed that there will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employeeIf it becomes necessary for a layoff, the University will take following procedure shall be utilized: Layoffs shall be by classification (current classifications are: full time Road Deputies, part-time Road Deputies, full-time Corrections employees, part time corrections employees, part-time bailiffs). When the following steps number of employees in sequential the work force is reduced, employees shall be laid off in reverse seniority order as outlined based upon the classification in Article(s) 11.4which they are employed and which is subject to the layoff, 11.5, 11.6 and 11.7. 1they shall be recalled in the same order. Within two (2) weeks Part-time Road Deputies shall be laid off prior to the layoff of a full-time Road Deputy. Part-Time Corrections employees shall be laid-off prior to the layoff of full-time Corrections employees. Non-probationary full time Road Deputies whom are laid off and whom do not have the requisite classification seniority to bump a full time Road Deputy may bump the least senior full time Corrections employee if the Road Deputies departmental seniority is greater than the departmental seniority of the determination last Corrections employee hired in that there is a need to reduce the workforceclassification, part time Corrections employees or part-time bailiffs. However, a meeting will be arranged between full time Road Deputy whom bumps a Corrections employee must, within one year, successfully complete all education and certification requirements then required for Corrections employees. A failure to complete such requirements within one year shall result in the Parties to review immediate layoff of the circumstances and to mutually explore options. 2former Road Deputy, without bumping rights. The Parties will explore knownIf the Sheriff, upcoming attrition such as retirementsin his statutory discretion permits, resignations, end of contracts and existing vacancies to determine if there is an a Corrections employee who is leaving subject to layoff and who is currently MCOLES certified may be permitted to bump a full time Road Deputy if the Corrections employee’s departmental seniority is greater than the departmental seniority of the last Road Deputy hired in that classification, a part time Road Deputies or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4part-time bailiff. The Parties will explore compensation and benefits shall be at the possibility lower classified position based upon years of a short-term layoff of service. There shall be no more bumping between classifications other than twenty-six (26) weeks. Should provided for in this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wagesSection. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It is agreed that If there will are changes of duties in the organization, lack of work, or lack of funds, the City Manager may lay off employees. Layoffs are at the discretion of the City. All temporary and seasonal positions shall be no permanent layoffs, save and except as set out below. Prior laid off prior to effecting layoffs the layoff of any regular or recurring employeestatus bargaining unit employees, so long as the University will take temporary work falls within the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 usual and 11.7. 1. Within two (2) weeks customary duties of the determination that there is bargaining unit employees. An employee shall be given notice of a need to reduce layoff as soon as reasonably possible, but no less than fourteen (14) calendar days before the workforce, a meeting effective date. Notice of the layoff will be arranged between given to the Parties to review the circumstances Union, or designee, and to mutually explore options. 2the employee. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will Employees shall be laid off and provided in a Supplemental Employment Benefit department in the inverse order of their bargaining unit seniority within the job description affected by the layoff. The City Manager shall first make every reasonable effort to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored integrate those employees into another position for which the above stepsemployee is qualified, it is as determined by the University that City, by transfer or consider alternatives to layoff by the Union. Within individual departments, a bargaining unit employee scheduled for layoff will be required, may bump the least senior employee at the same or lower salary range occupying a position the employee previously held in the redundant position will be identified and provided with notice of layoff. 6employee’s present department. An employee who has more seniority than wishing to bump must exercise his or her right within five (5) calendar days from the identified date he/she receives his or her layoff notice. To bump to the position, the employee may, within one (1) week of notice under step 5, volunteer to take must have completed probation in the layoff position he/she is bumping to. A bump will only be allowed if the junior employee has the minimum required qualifications (as defined in Article 18.2) is still able to perform the senior employee’s workessential functions of the job and has all the qualifications presented in the job description. In such casethe event an employee does not currently have the relevant certification/license, the exchange will take place as soon as possible, employee is still eligible to exercise this bumping right provided the pertinent certification/license is and the senior employee will can be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three obtained within six (36) months.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It ‌ A layoff shall be defined as a reduction in the work force, an employee's position being eliminated, or a reduction in the employee’s regular hours of work as defined in this Agreement. (a) The Employer will give as much notice as is agreed that there will feasible but not less than thirty (30) calendar days to the employee(s) directly affected. (b) Employees shall be no permanent layoffslaid off in reverse order of their bargaining unit seniority. (c) For Recreation and Culture staff, save and except as set out below. Prior to effecting layoffs for a program of any regular ten (10) weeks or recurring employeeless, the University reduction in hours will take not constitute a layoff and bumping within the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7Instructor group cannot occur unless the person affected has no assignments. Bumping within the Instructor group cannot occur after the commencement of a program. 1. Within two (2d) weeks Employees who have received layoff notice or who have been bumped shall have the right to bump employees with less seniority, provided that: (i) employees exercising that right have the required qualifications to perform the duties of the determination that there position they wish to bump into; (ii) the right to bump shall include the right to bump up where an employee is unable to exercise their bumping rights to retain a need to reduce the workforcesimilar shift, a meeting will be arranged between the Parties to review the circumstances benefits and to mutually explore optionsninety-five percent (95%) of gross pay. 2. (e) The Parties incumbent employee(s), whose hours have been reduced or whose position has been eliminated or who have been bumped, will explore known, upcoming attrition such as retirements, resignations, end have five (5) working days to advise the Employer of contracts their intent to: (i) accept the reduction in hours and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed remain in the position; or (ii) exercise their seniority rights; or (iii) to be placed on the recall list. 3. Next(f) The Employer shall provide a current seniority list specifying the name(s), position(s) held, the Parties number of hours of work, full time or part time status and incumbent employee’s seniority date. (i) Employees who have received layoff notice will examine be advised of any postings that may have closed but have not yet been awarded. Such employees, if they believe they are qualified for such postings, will have one working day after receipt of notice of the unfilled posting to have their name added to the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positionsapplicants. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26ii) weeks. Should this meet the needs of the UniversityUpon moving into their new position, employees will be required to complete a trial period as per 14.03(a). If employees do not successfully complete this trial period, they will be placed on the recall list. (h) Providing the laid off employee is qualified, they shall receive first option in line of seniority for all Auxiliary employment and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wagesseniority shall accrue for all time worked. 5(i) Any permanent employee who is laid off shall have recall rights to their former classification for a period of eighteen (18) months provided they remain qualified. (j) Employees on the recall list shall be recalled to positions in order of bargaining unit wide seniority provided they are qualified. If after having explored New employees shall not be hired until those laid off have been given the above stepsopportunity of recall. (k) In the event of a vacancy occurring while employees are laid off, it is determined by Article 14 applies to all employees, including employees on the University that a layoff recall list. The Employer shall notify employees on the recall list of all vacancies. (l) Recall notices will be requiredsent by registered mail to the employees being recalled with copies to the First Vice President, Second Vice President (Xxxxxxxx River), and President of the least senior employee in the redundant position will be identified and provided with notice of layoffUnion. 6. An employee who has more seniority than (m) Grievances concerning xxxxxx and recalls shall be initiated at Step 3 of the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsGrievance Procedure.

Appears in 1 contract

Samples: Collective Agreement

Layoff. It is agreed that there will Layoffs shall be no permanent layoffs, save and administered in accordance with university policy except as set out stated below. Prior to effecting layoffs of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7.: 1. Within two Effective January 1, 2000, seniority will prevail in layoffs due to economic reasons or reorganization. Bumps shall be only within a job title in a University Operating Unit or to the immediate prior title on the Campus (2) weeks See Appendix A for listing of the determination that there is a need to reduce the workforce, a meeting University Operating Units). Seniority will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are prevail on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, call backs within one (1) week year from layoff. A list of notice under step 5, volunteer vacant positions will be available for review in the Campus Human Resources Offices. A staff member who chooses to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) fill a vacancy or to perform the senior employee’s work. In such case, the exchange will take place as soon as possiblebump another staff member, and is subsequently informed by the senior employee will campus Human Resources department that the salary of the vacant or bump position is more than 10% below his or her current salary, shall be allowed to reconsider their decision and to go on to the recall list. Within their respective departments/work units, regular supervisors shall not be laid off and will receive before temporary or probationary supervisors in the remainder same job classification. Supervisors shall serve a probationary period of notice one-hundred eighty (180) calendar days in a new position whether such placement is due to filing a vacancy, exercising a bump, or as a result of layoff a recall, except that a supervisor who bumps or is recalled in lieu, plus their severance entitlement, but to the same job title within the same department shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in required to serve a probationary period. A probationary period can be extended, at the option of the University, up to three an additional thirty (330) monthsdays. If the Supervisor fails the probationary period, his/her employment at the University shall be terminated and all layoff and recall rights shall cease.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It is agreed that there will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs In the case of any regular or recurring employeelayoff of employees, the University will take work force shall be reduced within the affected job classification based on Employer seniority in the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7.manner: 1. Within two (2) weeks of the determination that there is i. Temporary employees within a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees job classification will be laid off and provided a Supplemental Employment Benefit prior to top up Employment Insurance Benefits to 80% of normal wagesregular employees. 5ii. Temporary employees, working in a job classification represented by this agreement will be terminated prior to layoff of regular employees working in that job classification. Temporary employees working on special projects or in a job classification not represented by this agreement are not required to be terminated prior to layoff of bargaining unit members. In the event of layoff, qualified bargaining unit members may request to bump Temporary employees working on special projects or in a job classification not represented by this agreement, and may be granted those assignments, at the Employer’s discretion. iii. In the case of the necessity to abolish a position within a job classification which is within a job family (as listed in Appendix B) the employee may bump the least senior person within the job classification on the basis of Employer seniority provided s/he is qualified to perform the duties of the position. If after having explored there are no employees with less seniority in the above steps, it is determined by job classification the University that a layoff employee will be required, have the right to bump the least senior employee with less seniority in the redundant position next lowest job classification(s) within the job family provided s/he is qualified to perform the duties and responsibilities of the position. The excess employees within the job family will be identified and provided with receive notice of layoff. 6iv. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff If all options in #3 above have been exhausted or if the junior employee is in a single class title, regular employees who receive a notification of layoff shall have the right to bump the least senior employee with less seniority in a job classification(s) where the notified employee has completed the minimum required qualifications (as defined in Article 18.2) probationary period and the notified employee is qualified to perform the duties and responsibilities of the position. If the employee is not qualified or the previously held position has been abolished they can bump the least senior employee’s workemployee with less seniority in a position equal in pay grade within the job family of the previously held position provided they are qualified to perform the duties of the position. In such caseIf the employee is not qualified or the previously held position has been abolished and there are no job classifications equal in pay grade to the previously held position, the exchange will take place as soon as possible, and employee shall have the right to bump the least senior employee will be laid off with less seniority in the next lowest job classification within the job family. v. In this section, the term ‘qualified’ means (a) meeting the minimum qualifications prescribed for the position; and will receive (b) able, within thirty calendar days, to properly perform all of the remainder duties and responsibilities of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.position

Appears in 1 contract

Samples: Labor Agreement

Layoff. It When it becomes necessary to lay off Employees, preference for continued employment shall be given to full-time employees in the order of their seniority to the work available in their job classification. When an Employee in a higher classification has no opportunity for work within their classification, they may bump an employee in a lower classification of work provided they is agreed qualified to do the work and is more senior by date of employ in the bargaining unit than the person they is bumping. Such employee shall then be paid at the appropriate rate of pay in the lower classification or category of work. If work later becomes available in his or her prior higher classification of work, they may return to that classification provided there will is no more senior person in a similar circumstance who wishes to return to the classification. After layoff, Employees shall be rehired in the inverse order (i.e. most senior full-time employee first), for work available in their job classification. If no permanent layoffswork is available in their classification, save they may return to work at a lower classification of work provided they is qualified to do the work and except as set out belowis more senior by date of employ in the bargaining unit than the person they is bumping. Prior Such employee shall then be paid at the appropriate rate of pay in the lower classification or category of work. If work later becomes available in their prior higher classification of work, they may return to effecting layoffs of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks of the determination that classification provided that there is no more senior person in a need similar circumstance who wishes to reduce return to the workforceclassification. Employees who are eligible for recall shall be given fourteen (14) days’ notice of recall, which shall be sent to the Employee by certified or registered mail with a meeting will be arranged between copy to the Parties Union. It is the responsibility of the laid-off Employee to review keep the circumstances Employer aware of their current mailing address and to mutually explore options. 2that the Employees laid off so notify the Employer by registered, return receipt mail. The Parties will explore known, upcoming attrition such as retirements, resignations, end Employee must notify the Employer of contracts and existing vacancies their intention to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments return within seven (LTA7) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs calendar days after receiving notice of the University, employees will be laid off recall and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, shall make their employment available within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsweeks of notice of intention to return to duty. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice by certified or registered mail, return receipt requested, to the last mailing address provided by the Employee to the Employer. Once an Employee has been afforded the opportunity of recall under this section and has refused such recall or has been unresponsive to the certified or registered mail in the allotted time provided under this section, they shall be deemed to have waived all recall rights under this section.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It is agreed If it becomes necessary to reduce St. Christopher’s work force by because of lack of work, funding or an emergency that there will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employeecurtails normal operation, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7shall apply. 1. Within In the event of a layoff within a department, unit, or shift, all non-bargaining unit Employees in the classification affected, including all daily and traveling agency employees, shall be laid off first. Probationary Employees within the job classification shall be laid off next, followed by regular full-time and part-time employees, based on their bargaining unit seniority. SCHC shall allow individual RNs to voluntarily reduce hours or take a layoff in the affected area, in order to meet the necessary reduction. The order of any layoff shall be based on inverse bargaining seniority order, which can be superseded only in the situation where a nurse with less than ten (10) years of seniority has at minimum, an unpaid suspension in the immediately preceding six (6) months for engaging in a pattern of conduct that has led to such unpaid suspension. 2. In the event an Employee is scheduled to be laid off in one department/unit and there exists a vacant position or a position filled by a probationary Employee in another department which the Employee has the present qualifications, skills, ability, licensure and/or certification to perform; then bargaining unit seniority shall prevail in assigning such Employee scheduled to be laid off to such vacant position or position filled by the probationary Employee. 3. If there are no vacant positions or positions occupied by Probationary employees available, employees targeted for layoff may bump the least senior comparable employee in the bargaining unit, provided they have more bargaining unit seniority and have the requisite qualifications, skill and ability to perform the job with an orientation, which could vary from unit to unit and nurse to nurse but could take up to two (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will Employees to be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will shall be required, the given at least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice, or pay in lieu thereof, except in emergency situations. Probationary Employees need not be given any notice under step 5prior to layoff. 4. While rare, volunteer it is recognized that an Employee may be retained due to take special training, knowledge or ability who has less seniority than the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) one who is to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off (such as an Operating Room specialty that would normally require 6-9 months of orientation). If this occurs, SCHC will state the reason in writing to the Union and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rightsaffected Employee. This provision does not apply if the senior employee has unique skills which cannot be replaced in up Disputes regarding this paragraph are subject to three (3) monthsArticles 12/13 Grievance Procedure and Arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It is agreed that there (A) Should it become necessary to lay-off employees the Company shall give the Union, the stewards in the section or department involved and the employees involved at least five (5) working days notice, if practical, of all proposed layoffs. (B) In case of layoffs in a department or in the plant, the Company will be governed by the following, provided there are no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7.reasonable objections: 1. Within two (2) weeks of The employee with the determination least seniority in the job where the layoff is to occur shall be removed from that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionsposition. 2. This employee may displace the least senior person in the job within the same Pay Grade Listed in Schedule "A". The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, thus displaced may then displace the least senior employee in the redundant position will be identified Pay Grade immediately below the one from which he was removed, providing his seniority permits. This procedure shall carry on until an employee is displaced from the bottom Pay Grade and provided with notice of layofflaid off. 63. An If the employee who has more decides not to displace the least senior employee in his Pay Grade for reasons other than physical, he shall have exhausted his rights in that Pay Grade and will proceed to the Pay Grade immediately beneath. 4. Each employee transferred into a new job shall have a training period equivalent to thirty (30) working days. After the 30 day trial period, should the employee fail to qualify to perform the new job, he shall be placed on lay-off. 5. Should an employee decide after one week's trial that he is not satisfied with the new job, he shall be entitled to a voluntary lay-off and shall retain his place on the lay-off list according to his seniority. If, however, the employee does not want the job, after thirty (30) working days, he shall be considered a resignation and will lose his place on the seniority than list. (C) When it becomes necessary to conduct a lay-off, all probationary and part-time employees shall be the identified employee may, within one (1) week first to be laid-off with the exception of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (skilled workers as defined in Article 18.2XI. (D) For lay-off purposes only, elected officers shall head the seniority list, on a plant-wide basis, during their term of office, and stewards shall head the seniority list, on a plant-wide basis, during their term of office only on the shift they represent. (E) In case of a lay-off to a point where there are the same number of non-stewards as there are stewards, the Company shall have a choice of laying off either the least-senior stewards or the least-senior non-stewards. (F) When a job becomes available, and there are employees on Lay-off, the Company shall post all openings in accordance with Article XIII. If no employees apply for the job or no employees are selected, the Company shall recall employees that are on Lay-off. Employees shall be recalled in seniority order providing the laid-off employee was laid-off from a position at or above the Grade of the recalled job. (G) Should the job being recalled be the same job that the laid-off employee previously held and he refuses to return to the available job, such employee shall lose all seniority rights including recall rights. (H) Should the job being recalled be a different job, at the same or lower pay grade, as the job the laid-off employee previously held he will be included in a training program for thirty (30) working days. After the 30-day period, should the employee fail to quality to perform the senior new job he shall resume his lay-off status of the previously held job until the job he previously held becomes available. (I) Should the laid-off employee’s 's last Grade level be higher than the job being recalled and he refuses to return to work. In such case, at the exchange will take place as soon as possiblelower paid position, and he shall remain on Layoff until a position becomes available in the senior employee will Grade previously held, or his Recall rights have been exhausted, in accordance with Article XI. (J) No new employees may be laid off and will receive hired until all employees with seniority rights, who are qualified to performance the remainder of notice of layoff in lieuavailable work, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up been recalled to three (3) monthswork.

Appears in 1 contract

Samples: Asset Purchase Agreement (Insilco Holding Co)

Layoff. It is agreed that there will be no permanent layoffs, save and except as set out below1. Prior to effecting layoffs of any regular or recurring employeeimplementing a dDistrict-wide reduction in personnel, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks Superintendent or designee shall meet with representatives of the determination that there is a need FOPE to reduce discuss the workforce, a meeting will be arranged between the Parties to review the circumstances proposed Board action and to mutually explore optionssolicit their suggestions. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end Board shall then determine the net number of contracts positions to be reduced and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed classification in the positionwhich layoff shall occur. 3. NextFor the purposes of this layoff procedure, "work location" shall be defined as either a school, or a center, or, in the case of county employees, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positionsdepartment. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will Employees shall be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% by job classification at the work location in reverse order of normal wagestotal county seniority with the least senior person being laid off first. 5. When employees of the same job classification at the same work location have the same total county seniority, lay off shall be in reverse order of total work location seniority. 6. When employees of the same job classification at the same work location have the same total county seniority and the same total work location seniority, lay off shall be based on the employment date as reflected on the Personnel Action Form (PAF) with the person having the most recent employment date being laid off first. 7. For the purposes of this aArticle, as soon as any bargaining unit member receives notification that he/she is not being reappointed to his/her current position in the subsequent fiscal year, a lay- off/recall list for the subsequent fiscal year shall be established for the specified job classification. No vacancy for any position in a fiscal year for which a lay-off/recall list exists shall be posted until said lay-off/recall list has been exhausted. Nothing in this section shall prohibit the effected employee from applying for any vacancy posted in the current fiscal year for which the employee is qualified. 8. The order of layoff shall be as follows: a. First - Temporary employees shall be terminated. b. Second - Probationary employees shall be terminated. c. Third - Permanent part-time employees shall be laid off. d. Fourth - Permanent full-time employees shall be laid off. 9. If after having explored layoffs occur, written notice of layoff will be given to the above stepsemployee and to the FOPE twenty (20) working days before the action is to become effective. Should an employee be laid off without notice, it then the employee shall receive full pay and benefits for the required period of notice. 10. Any employee who would have qualified for retirement during the school year in which the layoff takes place may, with the approval of the Superintendent, be permitted to work through the date in order to qualify for retirement. 11. Any employee who is determined by laid off/terminated due to the University that elimination of his/her job shall be placed on the recall list and the recall procedure as outlined below will apply. Written notice of such a layoff will be requiredgiven to the employee and to the FOPE twenty (20) working days before the action is to become effective. Thereafter, the least senior FOPE may request and shall be entitled to receive written documentation from the Board showing the basis for the job elimination. In the event the employee in believes that the redundant position will be identified and provided with notice of layoff was arbitrary or capricious, the employee may file a grievance to protest the layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It is agreed that there The Employer agrees to give as much advance notice of layoffs and recalls as reasonably possible. In the event of a proposed layoff of a permanent or long-term nature, the Employer will provide the Union with at least eight (8) weeks’ notice. During the eight (8) week notice period, the Employer, if requested, will meet with the Union Negotiating Committee to discuss possible ways and means of avoiding or minimizing potential adverse effects upon employees in the bargaining unit. In the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with notice in accordance with the Employment Standards Act. However, the Employment Standards will be no permanent layoffs, save deemed to provide notice to the affected employee as follows: if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice The following procedure shall apply in the event of a layoff: The classification in which the layoff is to occur will be identified; Probationary and except as set out belowtemporary employees who are employed within such classifications will be laid off first; Part time employees who are employed within such classifications will be laid off second in reverse order of their seniority; Full-time employees within such classifications shall then be laid off in the reverse order of their seniority; Full-time employees may be laid off prior to part-time employees in a classification provided the total ratio of part-time to full-time employees across all classifications within the establishment does not increase. Prior to effecting layoffs of any regular or recurring A part-time employee, with seniority, who is subject to a layoff shall have the University will take right to either; accept the following steps layoff; or displace a part-time employee who has less bargaining unit seniority in sequential order as outlined the same classification or in Article(s) 11.4another classification on the employee’s preferred shift or another shift. The decision of an employee to choose either or above, 11.5, 11.6 and 11.7. 1. Within shall be given in writing to the Administrator within two (2) weeks calendar days from the notification of layoff. Employees failing to do so shall be deemed to have accepted the determination that there layoff. A full-time employee with seniority who is subject to a need layoff shall have the right to reduce either: accept the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is layoff; or displace an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed less bargaining unit seniority in the position. 3. Next, same classification or in another classification on the Parties will examine the list of employees holding contract positions, employee’s preferred shift or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4another shift. The Parties will explore decision of an employee to choose either or above, shall be given, in writing, to the possibility of a short-term layoff of no more than twenty-six Administrator within two (262) weeks. Should this meet calendar days from the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice notification of layoff. Employees failing to do so shall be deemed to have accepted the lay off. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.

Appears in 1 contract

Samples: Collective Agreement

Layoff. It is agreed that (a) In the event of a layoff the Company shall give one (1) week’s advance notice except where the Company does not have sufficient notice of the circumstance giving rise to the layoff and except where it follows a temporary recall. (b) A layoff of less than four (4) working days or resulting from a government Declared Emergency shall not involve bumping. (c) Subject to the Company’s right to maintain a competent workforce, where there will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs a layoff of any regular or recurring employeemore than three (3) working days, the University Company will take first determine the following steps classifications(s) and number of positions to be affected. The Company will layoff by classification subject to the following; (i) In layoffs from the classifications Shipper/Receiver or lower rated positions, the employee(s) laid off will be the junior employee(s) in sequential order as outlined in Article(s) 11.4the classification, 11.5, 11.6 and 11.7commencing with any Probationary employee. 1. Within two (2ii) weeks In layoffs from classifications rated higher than Shipper/Receiver, the Company shall consider skill, and ability of the determination that there is a need to reduce employees. Where those factors are relatively equal the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition junior employee in such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise classification will be laid off. Such employee . (iii) The Company will be placed issue notice(s) of layoff to the affected employee(s) in the positionclassification(s) and such employee(s) will hereinafter be referred to as “surplus” employee(s)” who will have the displacement rights which follow. 3(iv) The surplus employee and the first employee bumped by the surplus employee may exercise their seniority to bump the lowest seniority employee in a lower rated classification. NextIf such bump is into a classification rated higher than Shipper/Receiver, the Parties will examine surplus employee must have the list of existing skill and ability to perform the work in such classification. All other employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, displaced may only bump the least senior employee in the redundant position will be identified and provided with notice of layoffbargaining unit. 6. (v) Employees who bump during a layoff shall receive the established rate of pay for the position to which they bump. (vi) In the event of a recall, vacant positions shall be filled first, where possible, by returning involuntarily displaced employees who have indicated their desire to return to the classifications which they last held prior to the most recent layoff in the order of their plant wide seniority, (d) An employee who has more seniority than finished his/her probationary period will be given five (5) working day’s notice in advance of the identified employee may, within one (1) week date of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications or pay in lieu thereof. (as defined in Article 18.2e) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee Notice of layoff will be laid off posted on the bulletin board and hand delivered to the affected employee (with a copy to the Unit Chairperson) unless such employee is not at work when notice is to be given in which case notice will receive be delivered by registered mail. The time limit in 10.05(a) will run from the remainder time of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if posting on the senior employee has unique skills which cannot be replaced in up to three (3) monthsbulletin board.

Appears in 1 contract

Samples: Collective Agreement

Layoff. It A. Layoff as used in this Article means: (i) reduction in the work force; (ii) for bargaining unit members working in more than one classification, elimination of all hours worked by them in any one classification; or (iii) for Full Time employees, as defined by Article I, any reduction in total hours (total posted hours for the employee's positions). B. As provided in the Seniority Article, seniority is agreed that there bargaining unit wide, based on employment within the bargaining unit, and transfers with employees moving from one bargaining unit classification to another. C. Bargaining unit members will not be laid off without at least thirty-one (31) calendar days’ notice except in an emergency, or in the event of bumping, in which case they will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within given at least two (2) weeks weeks’ notice whenever reasonably possible. D. In the event of a layoff, the determination that there is a Employer and the Association will meet to discuss implementation, including transfer of employees and adjustment of hours. The procedure below need not be followed; the parties may agree to place any employee(s) in any position(s). Bargaining unit members will assume positions as mutually agreed between the Employer and the Association. Affected employees will have input into such decision. E. Unless otherwise agreed, so long as the remaining employees have the necessary qualifications, skill and ability to perform all remaining work: 1. The Employer will first lay off (or reduce the workforce, a meeting will be arranged between hours of) probationary bargaining unit member(s) working in the Parties to review the circumstances and to mutually explore optionsclassification. 2. The Parties Employer will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving thereafter lay off (or has left reduce the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed hours of) the least senior bargaining unit member(s) working in the positionclassification. 3. Next, Bargaining unit members who would be laid off may thereafter bump according to the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees following procedure. An employee must normally bump into the positionsbumped employee's entire schedule in that classification and cannot bump into part of an employee's assignment. (An employee may, however, bump into an employee's entire bus run that makes up less than the employee's entire bus schedule; for purposes of this Article, a bus run is the bus driver's entire morning, midday or afternoon schedule notwithstanding that the particular schedule includes bussing of students from more than one school.) Schedules for employees desiring to work in more than one classification must be compatible. 4. a. The Parties Employer will explore notify affected bargaining unit member(s) of the possibility of pending layoff. b. A bargaining unit member with the necessary seniority, who would otherwise be laid off, has the option to bump: (1) A less senior employee with a short-term layoff of compatible schedule (including bus runs that make up less than a full schedule) in the same classification as such layoff/ elimination; (2) A less senior employee with a compatible schedule in the same classification grouping but in a lower classification; or (3) A less senior employee with a compatible schedule in the Building Custodian classification, a less senior employee with a compatible schedule in the Bus Driver classification (including bus runs that make up less than a full schedule), a less senior employee with a compatible schedule in the Satellite Kitchen Worker classification (so long as no more than twenty-six (26) weeks. Should this meet the needs fifty percent of the University, employees will be Satellite Kitchen Workers working in any one building are laid off and provided or otherwise eliminated from such positions during any one school year) or a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% less senior employee with a compatible schedule in the Main Kitchen Worker classification (so long as no more than fifty percent of normal wagesthe Main Kitchen Workers working in any one building are laid off or otherwise eliminated from such positions during any one school year). 5. (4) If after having explored an employee can demonstrate qualifications, skill and ability to fill a position in an equal or higher paid classification, whether or not in the above steps, it is determined by the University that a layoff will be requiredsame classification grouping, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive considered for the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) monthsposition.

Appears in 1 contract

Samples: Master Agreement

Layoff. It In the event it becomes necessary to lay off employees for any reason, employees shall be laid off in reverse order of their current evaluation score within that job classification within the District. The job classifications are Custodians; Head Custodians; Aids; Building Secretaries; Central Office Secretaries. The evaluation tool is agreed appended to this Agreement. The Employer may also choose to use an inverse seniority method (last hired, first furloughed, within classification) as the sole factor for layoff instead of the evaluation score. The Employer shall provide training to employees on the performance evaluation system. The Employer will notify employees of the method and forms to be used prior to the beginning of the performance evaluation rating period. The District shall provide the Association with the evaluation score ranking list by no later than June 1. The list shall serve as the list for any furloughs occurring within the succeeding school year. Employees with less than one year’s service shall be deemed as having an evaluation score of zero if the District has not yet evaluated the employee. Evaluation scores shall be based solely on the current- calendar year’s evaluation. When an employee is to be laid off due to a reduction in the work force within a job classification, or because he is being bumped by a higher scoring employee, he shall be given a five (5) work day notice or pay in lieu of such notice, at the option of the Employer. For employees who are absent from work for any reason on the day such notice is to be given, the Employer will mail a certified letter to the employee and the Association on the day that there such notice was to be given. Employees being laid off or bumped shall be permitted to bump the lowest scoring employee in the District in either the same job classification or another classification where he is qualified to perform the work as determined by the Employer. This bumping will be no permanent layoffs, save and except as set out belowpermitted without the interruption of his continuous service. Prior Employees desiring to effecting layoffs of any regular bump to another building or recurring employee, to another classification must advise the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within Superintendent’s office within two (2) weeks work days of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2his receipt of such notice of layoff. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee Employees changing classifications will be placed on step within the new classification, but in no event with a reduction of pay – these employees shall be “red circled” and paid above the position. 3. Next, applicable schedule and shall receive no annual increase in wage until such time as the Parties will examine classification schedule is at or above the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4red circled rate. The Parties will explore the possibility order of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, employees will be recall for laid off and provided a Supplemental Employment Benefit employees shall be the highest scoring employee qualified for the open position. The District shall offer employment to top up Employment Insurance Benefits employees from the recall list prior to 80% of normal wagesadvertising for outside hires. Employees on the recall list who refuse comparable employment shall be removed from the list. 5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It Where it becomes necessary to reduce the working force within a classification the following procedure will be observed: Probationary employees (in the classification) shall be terminated before Bargaining Unit employees are affected. If further reductions are necessary the employee in the classification with the least unit-wide seniority shall be displaced. Any employee so displaced from his/her classification shall have the right to displace any employee in the plant who is agreed that in a job grade no higher than the one from which the employee was displaced if the displaced employee can satisfy the following conditions: The displaced employee must have greater unit-wide seniority than the individual he/she wishes to displace and he/she must be capable of performing the function within a trial period of five days, and may be required to successfully complete a job-related test before being accepted. Displaced employees will be allowed a maximum of twenty-four hours to decide which position they will bump into. In every case where a senior employee is to be laid off while an employee with less seniority is to stay on or in a case where a senior employee is to have his grade reduced while a less senior employee remains at a higher grade there will be no permanent layoffs, save and except as set out below. Prior an explanation given to effecting layoffs of any regular or recurring employee, the University will take Xxxxxxx from the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within two (2) weeks department of the determination that there is a need to reduce more senior employee outlining the workforce, a meeting reasoning behind the company’s actions. Employees who have the same seniority date will be arranged between have the Parties to review the circumstances and to mutually explore options. 2first letter of their surname effect their seniority by alphabetical order. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is In all cases where an employee who is leaving or has left changes grade as the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed result of this layoff procedure he/she shall receive the top rate in the position. 3new grade, provided the top rate does not exceed his/her current rate. Next, If the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs top rate of the Universitynew labour grade exceeds his/her current rate, employees will he/she shall be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% paid at his/her current rate of normal wages. 5If the employee changes classification but not grade as the result of this layoff procedure he/she shall maintain the rate which he/she received on the job from which he/she was displaced. If after having explored the above steps, it an employee is determined by the University that a layoff will be required, the least senior unable to displace any employee in the redundant position unit he/she will receive notice of layoff as per section of this Agreement and at the designated time will become an inactive employee-layoff. In the case where an employee finds that he/she must take a reduction of two job grades or more as a result of the bumping procedure he/she will have the option of taking the status of layoff rather than accept such lower position. An employee’s job grade shall be defined as follows for the sole purpose of this layoff vs. grade decrease clause. An employee’s job grade is the highest job grade in which he/she has accumulated at least six months working experience. The employee, must however, have worked at least five working days in that grade during the twelve months prior to the invoking of the layoff procedure. In case of temporary layoffs of four working days or less, the seniority provisions herein may be waived. Temporary layoffs will not be abused by The Company, and will be identified and provided with notice restricted to one “temporary layoff’ per employee in any six month period. LAYOFF NOTICE In the event of layoff. 6impending layoff due to lack of work, the employee affected shall be given forty-eight hours advance notice; or in lieu thereof, sixteen hours pay. The Local Union President shall be notified prior to the employees, where practical. Absence due to layoff as a result of lack of work, for a period equalling the employee’s seniority but not to exceed twenty-four months. Sickness or accident (including maintenance of welfare benefits) for a period of up to twenty-four months. leave of absence (including welfare benefits). (Exception: Article 1 sub paragraph Absence from employment while serving in Canada’s Armed Forces under the rights granted by existing statutes. An employee who has more shall lose his/her seniority than standing and his/her name shall be removed from all seniority lists for any one of the identified following reasons: The company will provide the union a report. If the employee may, within one (1) week of notice under step 5, volunteer voluntarily quits; If the employee is discharged and is not reinstated; If the employee is on layoff status and fails to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of answer a notice of layoff in lieu, plus their severance entitlement, but recall (such notice to be attempted by phone and failing this must be made by registered letter accepted by someone at the last known address of the employee) within seven working days following the recall he/she shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot lose his/her seniority standing and be replaced in up to three (3) monthsconsidered terminated.

Appears in 1 contract

Samples: Collective Agreement

Layoff. It is agreed 1. The Employer shall meet with the Guild prior to or upon approval of the budget annually to identify any occupied unit positions that are being defunded by the approved budget, to review any need to reduce the overall workforce and to review all current funded vacant positions. Employees with ten (10) or more years of service whose positions are eliminated shall not be laid off. Employees hired on or after October 6, 2010, must have fifteen (15) years of service in order to not be laid off. Employees who are protected from layoff due to their length of service, as described in the preceding sentences of this Section 1, shall not have bumping rights. The Employer will place any such employee in a vacant position or otherwise assign duties. In either event, the employee will be green-circled. 2. A layoff occurs when the Employer either reduces the number of unit positions or eliminates positions associated with a specific program area. In the event of a layoff, the Employer shall notify the Guild in writing of the number of positions to be defunded and identify those positions. The Employer also shall notify each affected employee in writing that he or she has been identified for layoff, and shall provide the employee with job descriptions of all positions occupied by less senior employees, along with the seniority dates of those employees, and the job descriptions of all vacant positions. 3. If the Employer notifies the Guild that there will be no permanent layoffsa layoff, save for ninety (90) calendar days from the date of the notice there shall be a hiring freeze both for all Guild bargaining unit positions and for all non-unit positions except as set out belowfor jobs directly associated with a state or national political campaign or a time-sensitive organizing campaign. Prior to effecting layoffs An employee identified for layoff shall not be separated from employment before the end of any regular or recurring employeethis ninety (90) day period. During the freeze: (a) Upon request of an employee in a defunded position, the University will take Employer shall consider that employee for vacant non-bargaining unit positions before filling those positions with non-bargaining unit applicants. The Employer shall keep the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7Guild informed of non-bargaining unit vacancies. 1. Within two (2b) weeks of An employee accepting a temporary position during the determination that there is hiring freeze shall retain his or her rights under this Article and shall be considered a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore optionsregular employee for all purposes under this Agreement. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies (c) An employee offered a temporary position during the hiring freeze shall have five (5) working days to determine if there is an employee who is leaving accept or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in reject the position. 3. Next, (d) Rejection of an offer of a temporary position during the Parties will examine hiring freeze shall not adversely affect rights provided under this Article. (e) An employee accepting a temporary position during the list hiring freeze shall have the terms of employees holding contract positions, or external applicants this Article applied concurrently with the temporary position. (f) The Employer shall hold an identified appropriate position pursuant to Limited Term Appointments (LTASection 5(d)(i) or who are on probation to determine whether until the redundancy employee can be resolved by terminating one released from the temporary position. (g) An employee in a temporary position during the hiring freeze who successfully bids on an open position shall have that position held for him or more such positions and redeploying qualified regular and/or recurring employees into her until released from the positionstemporary position. 4. The Parties will explore From the possibility of a shortdate the AFL-term layoff of no more than twenty-six (26) weeks. Should this meet CIO gives written notice under Section 2 to the needs Guild and the affected employees until the end of the Universityninety (90) calendar day period specified in Section 3: (a) No vacant Guild position shall be filled unless all qualified employees in defunded positions are first offered the job, employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% in order of normal wages.seniority, and 5(b) The Employer shall not, without the agreement of the Guild, hire any additional consultants. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff. 6. An employee who has more seniority than the identified employee The federation may, within however, hire a consultant whose work is directly associated with a state or national political campaign after discussion with the Guild at least one (1) week before hiring such a consultant. 5. In the event of notice under step 5a layoff, volunteer the following procedure shall be followed: (a) The Employer shall notify the Guild and affected employees in accordance with Section 2. (b) The Employer and the Guild shall meet to take the layoff negotiate, if the junior employee has parties deem appropriate, an incentive package to be offered to employees and to which employees such a package shall be offered. Such negotiations shall take no longer than ten (10) calendar days. If a package is negotiated, identified employees shall be given no less than thirty (30) calendar days to accept or reject the minimum required qualifications (as defined in Article 18.2) to perform offer. Employees notified under Section 2 who do not accept the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but offer shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be replaced in up to three (3) months.an additional fourteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff. It ‌ A. A layoff is agreed that there will be no any temporary or permanent layoffs, save and except as set out below. Prior to effecting layoffs deletion of any regular a classified employee position or recurring the permanent reduction of an employee, the University will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7's hours or workdays. 1. Within B. If the District determined the need for a permanent reduction in its work force, notice of not less than two (2) weeks of the determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties provided to review the circumstances and employees to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such The District and the Association will meet, discuss, and share any pertinent information concerning the layoff prior to the employee notice. While the District reserves the right to determine positions to be eliminated, layoffs within each affected job classification will be placed in determined on the position. 3basis of seniority within such job classification. NextSpecifically, employees with least seniority will be laid off first. Where job classification dates are the Parties same, District seniority will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4apply. The Parties will explore the possibility of a short-term layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, No permanent employees will be laid off within a job classification when there are probationary, temporary, and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wagessubstitute employees in such classification. 5. If after C. Employees lacking seniority in one classification, but having explored seniority in another classification, will have the above steps, it is determined by the University that a layoff will be required, option to bump the least senior employee in the redundant alternate classification. The employee must inform the District within five (5) workdays if they opt to bump. When an employee bumps into a different paying position during a layoff, their rate of pay will be identified and provided with notice at the step of the new salary range that most closely reflects his/her seniority in that category at the time of layoff. An attempt will be made to maintain the employee's current work load and schedule. 6. An employee who has D. If two or more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer employees subject to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such casehave equal seniority, the exchange will take place determination as soon as possible, and the senior employee to who will be laid off will be made on the basis of greater total length of service within the District as per the first day of paid status in a regular position. Employees with a common seniority date will have layoff seniority established by a drawing of lots to establish their recall placement. Drawing lots for recall will occur prior to the implementation of the layoff. Drawing of lots will be performed on behalf of the affected employees by the OSEA Chapter #49 president or their designees. The outcome of the drawing will then become the employee's permanent layoff seniority. E. Employees who have been laid off or have bumped into a different classification will be placed on numerical recall lists and will receive be recalled according to such list as openings for which they meet qualifications become available. Layoff status will automatically terminate twenty-seven (27) months after the remainder effective date of notice such layoff. No new employees will be hired into classifications from which employees are laid off and remain qualified for. Notice of layoff in lieurecall will be made by certified mail. Failure to timely respond to recall, plus their severance entitlementthe maximum being ten (10) working days, but shall have no will be considered as immediate voluntary termination. Employees on recall list must keep the District updated on current address to retain recall rights. F. Opportunity to Apply for Posted Vacancies. This provision does not apply if During the senior period of time that an employee has unique skills which cannot is on a recall list they will be replaced considered as an active employee for the purpose of bidding/applying on posted vacancies. It will be the responsibility of the individual to obtain data on job vacancies. X. Xxxx Leaves Upon Recall: Following recall the employees paid leaves (referred to in up Article XII) accumulated prior to three (3) monthslayoff will be restored. No leave will be accrued during layoff. * Working days, for the purpose of this agreement, will mean non-holiday weekdays.

Appears in 1 contract

Samples: Collective Bargaining Agreement