Common use of Layoffs and Re-employment Clause in Contracts

Layoffs and Re-employment. The employer may lay off whenever it appears that financial considerations require layoff or whenever there is a diminished need for employee services. Employees shall be laid off in each affected job classification by inverse order of seniority in that job classification; employees shall be recalled in inverse order of layoff, the first to be laid off shall be the last to be recalled. No new employees in affected job classifications shall be hired while former employees who are on the laid off list are willing and qualified to accept the jobs available. In the event of a recall of any classification in a job family, re-employment will be offered to members of that job family who remain on the recall list by M-DCPS seniority in the job classification of the position to be filled. An employee cannot be recalled to a position which was classified higher than his/her position at the time of layoff. An employee who is recalled for a lower position than his/her position at the time of layoff and who declines the offered position shall retain his/her recall rights. Notification of recall or other job recovery options will be furnished by certified mail to the last home address, with a copy to DCSMEC. The employee shall be expected to notify immediately and report within three working days to the new assignment. If an employee fails to report to a new assignment within the three workdays, he/she shall be removed from the recall list, and shall be deemed to have forfeited further claim to any recall rights. The individual next in the recall sequence shall be notified to report to the new assignment, and so on. Recalled former employees must meet the job qualification requirements existing at the time of layoff in order to be rehired. Any sick leave forfeited at the time of layoff and termination shall be restored at the time of recall and rehire. An employee notified for layoff may bump down or an employee laid off may bump back to any job classification which carries a lower designation within his/her craft, or to Trades Helper, provided his/her over-all job family seniority is greater than the employee in the classification whom he/she seeks to replace. The bumping procedure shall afford the same rights of bumping and recall to any employee who is laid off because he/she was bumped. Employees on layoff for 12 continuous months will be considered terminated and will lose all recall rights.

Layoffs and Re-employment. The employer may lay off whenever it appears that financial considerations require layoff or whenever there is a diminished need for employee services. Employees shall be laid off in each affected job classification by inverse order of seniority in that job classification; employees shall be recalled in inverse order of layoff, the first to be laid off shall be the last to be recalled. No new employees in affected job classifications shall be hired while former employees who are on the laid off list are willing and qualified to accept the jobs available. In the event of a recall of any classification in a job family, re-employment will be offered to members of that job family who remain on the recall list by M-DCPS seniority in the job classification of the position to be filled. An employee cannot be recalled to a position which was classified higher than his/her position at the time of layoff. An employee who is recalled for a lower position than his/her position at the time of layoff and who declines the offered position shall retain his/her recall rights. Notification of recall or other job recovery options will be furnished by certified mail to the last home address, with a copy to DCSMEC. The employee shall be expected to notify immediately and report within three working days to the new assignment. If an employee fails to report to a new assignment within the three workdays, he/she shall be removed from the recall list, and shall be deemed to have forfeited further claim to any recall rights. The individual next in the recall sequence shall be notified to report to the new assignment, and so on. Recalled former employees must meet the job qualification requirements existing at the time of layoff in order to be rehired. Any sick leave forfeited at the time of layoff and termination shall be restored at the time of recall and rehire. An employee notified for layoff may bump down or an employee laid off may bump back to any job classification which carries a lower designation within his/her craft, or to Trades Helper, provided his/her over-all job family seniority is greater than the employee in the classification whom he/she seeks to replace. The bumping procedure shall afford the same rights of bumping and recall to any employee who is laid off because he/she was bumped. Employees on layoff for 12 continuous months will be considered terminated and will lose all recall rights.

Layoffs and Re-employment. The employer may lay off whenever Section 1 If, due to operational changes solely within the control of the Company, other than changes in motor transportation operations, it appears necessary to reduce the work force by layoff of such regular employees (not seasonal or temporary) prior to the expiration of this Memorandum of Agreement on January 31, 1999, the Company will give the Union at least sixty (60) days written notice prior to the date that financial considerations require such a layoff may occur. During the sixty (60) day period the Company will discuss the proposed changes with the Union for the purpose of determining ways and means of avoiding the layoff or whenever there lessening its effect on such employees. A. The layoff problem will be considered resolved if sufficient regular employees on the payroll, excluding seasonal and temporary employees are offered other job opportunities or accept voluntary forms of termination. B. If the layoff problem is a diminished need for not resolved in accordance with the foregoing, either the Company or the Union may, prior to such layoffs, terminate the working agreement by giving sixty (60) days written notice. C. The Company will be under no obligation to implement any employee services. Employees acceptance of other job opportunities or voluntary termination with severance until the Union enters into an agreement with the Company signifying its acceptance of the resolution of the problem. Section 2 Layoffs at the terminal shall be laid off in each affected job classification by inverse order made on the basis of terminal seniority. The employee at the terminal with the least amount of seniority in that job classification; employees shall be recalled in inverse order of layoff, the first to be laid off assuming that there is a senior qualified replacement. Section 3 Recalls from layoff at the terminal shall be made on the basis of terminal seniority. The last employee laid off shall be the last first to be recalled. No new employees in affected job classifications . Section 4 If an employee who has completed a year of net credited service, and who is laid off, is recalled to a regular or temporary position within one year from and after the date when his layoff becomes effective, his layoff shall not be hired while former employees who are on the laid off list are willing and qualified to accept the jobs available. In the event of regarded as a recall of any classification in a job family, re-employment will be offered to members of that job family who remain on the recall list by M-DCPS seniority break in the job classification continuity of the position to be filledhis Company service. An employee cannot be recalled shall continue to accumulate seniority during layoffs of a position which was classified higher than his/her position period of thirty (30) days or less. Section 5 Laid off employees desiring to avail themselves of this recall privilege must file their address with the proper officials of the Company at the time of layoff. An employee who is recalled for a lower position than his/her position at the time of layoff and keep the Company advised of any change in address. Laid off employees who declines are offered recall to employment with the Company must accept such offer promptly and must report for duty within two weeks from the date of the notice to return to work. If the employee is unable to do so for some reason which is acceptable to the Company and the Union, in which case he may be put to work when he does report provided the Company can use his services at that time or he may be offered position shall retain his/her recall rightsto employment again at a later date. Notification For the purpose of recall or other job recovery options this provision, the Company will be furnished have been deemed to have properly notified the employee if the notice is sent by certified registered mail to the last home address, with a copy to DCSMEC. The employee shall be expected to notify immediately and report within three working days to address given by the new assignment. employee. Section 6 If an employee fails to report to a new assignment within the three workdays, he/she shall be removed from the recall list, and shall be deemed to have forfeited further claim to any recall rights. The individual next in the recall sequence shall be notified to report to the new assignment, and so on. Recalled former employees must meet the job qualification requirements existing at the time of layoff in order to be rehired. Any sick leave forfeited at the time of layoff and termination shall be restored at the time of recall and rehire. An employee notified for layoff may bump down or an employee laid off may bump back to any job classification which carries a lower designation within his/her craft, or to Trades Helper, provided his/her over-all job family seniority is greater than the employee in the classification whom he/she seeks to replace. The bumping procedure shall afford the same rights of bumping and recall to any employee who is laid off because he/she was bumped. Employees on layoff for 12 continuous months and desires to be recalled, complies with all the foregoing provisions, but he is not recalled to service within one (1) year from the date of layoff, his services will be considered terminated and will lose all recall rightsat the expiration of the one (1) year period.

Layoffs and Re-employment. The employer may lay off whenever it appears that financial considerations require layoff or whenever there is a diminished need for employee services. Employees shall be laid off in each affected job classification by inverse order of seniority in that job classification; employees shall be recalled in inverse order of layoff, the first to be laid off shall be the last to be recalled. No new employees in affected job classifications shall be hired while former employees who are on the laid off list are willing and qualified to accept the jobs available. In the event of a recall of any classification in a job family, re-employment will be offered to members of that job family who remain on the recall list by M-DCPS seniority in the job classification of the position to be filled. An employee cannot be recalled to a position which was classified higher than his/her position at the time of layoff. An employee who is recalled for a lower position than his/her position at the time of layoff and who declines the offered position shall retain his/her recall rights. Notification of recall or other job recovery options will be furnished by certified mail to the last home address, with a copy to DCSMEC. The employee shall be expected to notify immediately and report within three working days to the new assignment. If an employee fails to report to a new assignment within the three workdays, he/she shall be removed from the recall list, and shall be deemed to have forfeited further claim to any recall rights. The individual next in the recall sequence shall be notified to report to the new assignment, and so on. Recalled former employees must meet the job qualification requirements existing at the time of layoff in order to be rehired. Any sick leave forfeited at the time of layoff and termination shall be restored at the time of recall and rehire. An employee notified for layoff may bump down or an employee laid off may bump back to any job classification which carries a lower designation within his/her craft, or to Trades Helper, provided his/her over-all job family seniority is greater than the employee in the classification whom he/she seeks to replace. The bumping procedure shall afford the same rights of bumping and recall to any employee who is laid off because he/she was bumped. Employees on layoff for 12 continuous months will be considered terminated and will lose all recall rights.