LAYOFFS AND RECALL. 16.01 It is not the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employer. 16.02 In the event of lay-off, employees shall be laid off in reverse order of their seniority provided that those persons retained have the necessary skills, qualifications, and ability to perform the duties of those jobs maintained. a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to: i) Accept the lay-off and be recalled under the terms of the Collective Agreement or; ii) Displace the most junior permanent Educational Assistant in the Division. b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September. c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period. 16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job. 16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work. 16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof. 16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure. 16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours. 16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there. 16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
LAYOFFS AND RECALL. 16.01 It is not the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employer.
16.02 a. In the event of lay-offthat a layoff is necessary, employees shall be laid off in the affected classification(s) in reverse order of their seniority provided seniority. Within a classification, an employee identified for layoff shall bump the least senior employee in said classification if senior to that those persons retained have the necessary skills, qualificationsemployee. An employee notified of layoff may elect to bump into a classification which he/she previously held, and ability shall bump the least senior employee in that classification so long as senior to perform the duties that employee. An employee notified of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first layoff shall have five (5) working days to decide if he/she wishes to bump or take layoff.
b. Employees on layoff shall be entitled to recall as follows:
1. completion of 6 months - completion of 2 years of employment: 1 year
2. beginning 3rd year - completion of 6 years of employment: 2 years
3. beginning of 6th year or more: 3 years Any employee with five (5) years of service or more who is laid off shall continue to receive health insurance from the Town under the same terms (co-share, copayments, level of benefits, etc.) as current employees receive/pay for a period of two (2) months following layoff and commencing with the first of the month following layoff.
c. When a position becomes available which was previously held by an employee on the recall list, that employee shall be recalled. If more than one employee on the recall list held the position, recall shall be by seniority.
d. Notice of recall shall be sent to the employee by certified mail. Within 5 calendar days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end notice of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not givenrecall, the employee must notify the Town of intention to accept the recall. Within 14 calendar days of notifying the Town of intention to accept the recall, the employee must return to Town employ. The Town shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting fulfilled its obligations by mailing the recall notice by certified mail to the mailing address provided by the employee, who shall have the obligation to inform the Town of latest mailing address.
e. If a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become becomes available having comparable hours.
16.08 All Educational Assistants laid off shall be placed which was not previously held by any employee on a the recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain all employees on the recall list in excess will be notified of twelve (12) school months following the month in which vacancy, and may submit a letter of interest within the layoff occurredstated time period. The most senior employee on the recall list who is qualified for the position shall be appointed.
f. Seniority shall be cumulative during periods of layoff, during periods of maternity/parental leave, and during periods of sick leave without pay. Seniority shall not be cumulative during all other leaves without pay.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
LAYOFFS AND RECALL. 16.01 It 8.1 The employer will give notice of any intended layoff thirty (30) days before layoff becomes effective, or alternately will pay any employee laid off thirty (30) days’ salary in lieu of notice.
8.2 In the event the layoff is not due to emergency conditions the intent Employer shall give one (1) week notice, or alternately will pay any employee laid off, one (1) week’s salary in lieu of these lay-off notice.
8.3 If a reduction of the office staff is necessary due to economic reasons, the Employer shall meet with the Union representatives and recall in the event of agreement, the following procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employeradopted.
16.02 (a) In the event of bumping due to lay-off, or recall from lay-off, the Company will provide training in order that continuity of employment is maintained for senior employees. Such training should be for a period of fifty (50) days if required.
(b) Employees who are displaced from their jobs as a result of such a bump-back procedure may themselves move back and replace employees shall be laid off having lesser seniority in reverse order of their seniority provided that those persons retained have any lower or equal classification providing such employee has the necessary skills, qualifications, and ability to perform the duties required work. Employees who have suffered one bump- back shall be given credit for full office wide seniority in the lower or equal classification for the purposes of those jobs maintainedany future moves.
a(c) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school yearThe Company, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant upon recalling, shall do so in the Division.
b) Where there are Educational Assistants who are on lay-off or who are inverse order of seniority. They shall rehire the last employee laid off at the end of Juneproviding however, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled such employee has the necessary skills, qualifications, and ability to perform the required work for the position for which such employee is rehired. Under no circumstances shall the Company hire from the open market while employees on the recall list qualified to perform the duties of the vacant position are available for recall. The last employee laid off from a job will be the first recalled to that job.
16.04 New employees 8.4 An employee recalled and reinstated to the former position held shall not be hired if there are employees on lay-off with receive the necessary skills, qualifications, and ability to perform the workcurrent rate of pay for such former position.
16.05 In the event 8.5 Any notice of lay-off, every recall to any employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have has been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished made by registered mail to the Union, last address recorded with the Company. An employee shall keep the Company informed of address and any changes thereto. The employee shall be called back return to work as required beginning with the most senior Educational Assistant and descending from therewithin twenty (20) calendar days of receipt of notice.
16.09 No Educational Assistant 8.6 An employee who does not wish to be recalled shall be permitted to have her name remain on advise the recall list Company accordingly in excess of twelve (12) school months following the month in which the layoff occurredwriting.
Appears in 2 contracts
Samples: Labour Agreement, Labour Agreement
LAYOFFS AND RECALL. 16.01 It A) When there is not a reduction of working forces within a division, the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees following procedure shall govern in making layoffs: Layoff shall be indicated by division as defined in Article 15.C.
B) Temporary (excluding employees hired on a seasonal basis for the Separation Certificate issued by summer months, April through October), part-time, and probationary employees (in that order) who perform bargaining unit work shall be laid off first within a division before the Employerlayoff of any bargaining unit members within that division. When an employee exercises bumping rights into a division as a result of a layoff as explained above, the temporary (excluding employees hired on a seasonal basis for the summer months, April through October), part-time, and probationary employees (in that order) who perform bargaining unit work shall be laid off before the layoff of any bargaining unit members within that division.
16.02 In C) If additional layoffs are necessary, seniority employees in the event of lay-off, employees affected division shall be laid off in reverse order of the seniority, provided those who desire to exercise their seniority provided that those persons retained have the necessary skills, qualifications, and ability must be able to perform the duties of those jobs maintainedremaining work without additional training or additional supervision.
aD) In order The procedure used to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect toaccomplish this shall be as follows:
i1) Accept Employees who are displaced by elimination of their job, or another employee bumps them, shall displace an employee with lesser seniority in their division. The employee who cannot displace an employee within their classification shall displace a less seniority employee in a lower classification in their division if the lay-off and be recalled under the terms employee is fully capable of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Divisionperforming such work with minimal additional training.
b2) Where there are Educational Assistants Employees who are on lay-off or who are laid off at the end of June, displaced within their division and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is going to be laid offoff shall bump any employee in other divisions with less bargaining unit seniority if the employee is fully capable of performing such work with minimal additional training. An employee bumping to another division may only bump into the lowest classification in a division and may not bump into a higher classification from that classification which the employee holds at the time of their displacement.
E) Employees to be laid off for an indefinite period of time shall have at least fourteen (14) calendar days notice of layoff. The Chapter Chairman, Vice Chapter Chairman, and Secretary shall receive a list from the Employer of the employees being laid off on the same date the notices are issued to the extent that such minimum notice employees.
F) When the working force is not givenincreased after a layoff, the employee shall receive pay employees will be recalled according to seniority in lieu thereof.
16.06 Grievances concerning lay-offs and recalls reverse order of the Layoff Section. Notice of recall shall be initiated sent to the employee at Step II their last known address by certified mail. If the employee fails to call or personally appear to the Human Resources Department within ten (10) calendar days of the grievance procedure.
16.07 Notwithstanding mailing date of the provisions of Article 15.01notice, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off they shall be placed on a recall listconsidered as having quit. If the employee calls the Human Resources Department within ten (10) calendar days of the notice, with copy furnished to the Union, and they shall be called back report to work as required beginning with directed, but be allowed up to fourteen (14) calendar days from the most senior Educational Assistant and descending from theredate of the phone call or personal appearance to report to work provided reasons satisfactory to the Employer are given for the requested extension of time.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
LAYOFFS AND RECALL. 16.01 It is 21.01 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 of hours shall not the intent of these lay-off and recall procedures be considered to apply to the normal summer periodbe a layoff. However, where knowna reduction in hours that exceeds twenty percent (20%) of an employee’s scheduled hours may, recall dates of ten (10) month employees shall be indicated on at the Separation Certificate issued by the Employeremployee’s option, trigger bumping rights as per Article 21.03.
16.02 21.02 In the event of lay-offa layoff, employees shall be laid off by job category in reverse order of their seniority provided that those persons retained within a Department. Employees subject to layoff and who have the necessary skills, qualifications, and ability to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their acquired seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four written notice of layoff as follows:
(a) One (1) weeks’ notice after (3) three continuous months of employment.
(b) Four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereofafter twelve (12) continuous months of employment.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½c) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list Five (5) weeks’ notice after five (5) years continuous employment plus one (1) additional weeks’ notice for each additional two (2) years in excess of five (5) years of employment to a maximum of twelve (12) school months following weeks’ notice. The Employer may substitute the month equivalent pay in which lieu of notice and a copy of the notice of layoff occurredshall be forwarded to the Union.
21.03 A laid off employee may bump a junior employee in any Department, provided the laid off employee has more seniority and is willing and qualified and has the ability to do the job of the less senior employee. However, in no circumstances will an employee affect a promotion through a bump.
21.04 Employees on layoff shall be recalled by Department in order of seniority, subject to their willingness, qualifications and ability to do the work available. It shall be sufficient for the Employer to send notice of recall to the employee by registered mail to the employee’s last known address. An employee who is recalled to work after a layoff must return to work within three (3) calendar days if unemployed, and within fourteen (14) calendar days if employed elsewhere and required to provide fourteen (14) days’ notice to that Employer. An employee employed elsewhere shall give the Employer notice of their intent to return to work within three (3) calendar days of receipt of the notice of recall.
21.05 The Employer is not required to give notice to an employee who is terminated for cause; hired for a project or temporary position; or in cases where an employee is offered and refuses alternative employment.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LAYOFFS AND RECALL. 16.01 It is not the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated 14.1 The City may layoff an employee based on the Separation Certificate issued by elimination of the Employer.
16.02 In the event employee’s position due to lack of lay-offwork, lack of funds, reorganization, elimination of services/functions or other similar reasons. Additionally, employees shall may be laid off through displacement by an employee through the bumping procedure outlined in reverse order this Agreement. Employees who bump downward or accept vacant positions in a lower class shall be considered laid off from their former classification for the purpose of their seniority provided that those persons retained have the necessary skills, qualifications, and ability to perform the duties recall rights under this Article. Forced reduction of those jobs maintainedhours shall also be considered a layoff.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five 14.2 Two (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (42) weeks’ notice of such layoffs shall be given as soon as possible before the date on scheduled layoff.
14.2.1 Termination of non-critical employees and consultants within the Camas Public Library.
14.2.2 Temporary reduced work hours programs including reduced work weeks and furloughs/ shutdowns.
14.2.3 Attrition-based programs such as early retirements and voluntary layoffs.
14.2.4 Reduction of paid leave balances or accrual rates.
14.3 Application of the principle of seniority shall apply in the case of layoff and reinstatement provided that the remaining employees shall have the skill and ability to do the work as determined in a fair and equitable manner.
(a) In layoff, the last employee employed shall be the first laid off provided the senior employee is capable of performing the work with skill and ability as determined by the Library Director.
(b) The last employee laid off shall be given the first opportunity to be reinstated provided however, that such employee has the qualifications and abilities for the position for which he/she is to be laid off, and reinstated. Any notice of re-employment to the extent that such minimum notice is not given, the an employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have has been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished made by phone or certified mail. The employee shall keep the Employer advised of his/her current address. Failure of such employee to the Union, and report for reinstatement shall be called back to work as required beginning with the most senior Educational Assistant and descending from thereresult in loss of seniority.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
LAYOFFS AND RECALL. 16.01 It is not the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employer.
16.02 10.01 In the event of laya temporary layoff, as per Article 2.09, the Employer will advise the employees of necessity of layoffs. This does not include instances where the charity’s license has been suspended or cancelled. The eligible employee will be entitled for all benefits until the end of the month, in which the layoff occurred, at no cost to the employee from the date of layoff.
10.02 In the event of a permanent layoff, as per Article 2.10, the Employer will provide termination pay, as per Article 27.05 and an XXX will be mailed to the employee’s address on file.
10.03 When the Employer identifies that a layoff is required, the Employer will meet with the Union to discuss and make every reasonable effort to lessen disruption to the employees. The Employer will identify classifications in which the layoffs are to occur, the required skills reasonably necessary to be maintained, and the number of positions to be eliminated. The Employer will then meet with each affected employee with a readily available Union Representative, as defined in Article 8, and present the options available to the employee. The employee will be required to elect their option within forty-offeight (48) hours. The Union recognizes the Employer’s responsibility to maintain the best possible workforce to ensure the efficient and productive operation of its business, subject to the provisions of the Collective Agreement.
10.04 Prior to eliminating any full-time positions, the Employer shall adjust or eliminate part-time, temporary, or acting hours of work prior to affecting any full-time employees.
10.05 The Employer agrees to make every reasonable effort, including offering part-time hours to full-time employees, where possible, to maintain any affected employees within the bargaining unit and give preference to any employees affected by layoff for any vacancy for which they are qualified.
10.06 In the event that a layoff is required, the employee with the least seniority within the classification shall be the first displaced from the classification, having consideration for the skills required as per Article 10.03.
10.07 An employee to be laid off shall be allowed to displace any employee with less service seniority, as per Article 3, within their department, in another classification, provided that the senior employee is qualified to fill the position of the displaced employee. A part-time employee displacing into a lower classification will not be able to displace a full-time employee. An employee who elects to displace another employee shall make his/her election within forty-eight (48) hours of receipt of layoff notice, and if the employee has not elected to displace within that time, he/she will be deemed to have accepted the layoff. Employees exercising displacement rights shall be given a fair trial period, of four hundred eighty (480) hours, in the new classification. If the employee fails to complete the trial period, or elects to not complete the trial period, they will be laid off if there is no position within the department to which they can bump. An employee on disability, WCB, leaves of absence of any nature (including jury duty and bereavement), or vacation, who is identified for layoff, will be considered laid off immediately, however, the layoff will not be affected until such time that they return to work. Employees electing to displace an employee in another classification will be dovetailed into the classification and will have their classification seniority adjusted to reflect the time spent in the classification they are joining.
10.08 If the number of full-time positions in the department affected by layoff is to be increased, employees shall be laid off in reverse entitled to be recalled to their previous positions. Employees will be recalled to their previous position by order of their seniority provided that those persons retained have classification seniority, including any employees who elected to take a part-time position to avoid a layoff. Upon refusal, the necessary skills, qualifications, and ability next most senior employee on the recall list will be contacted. The method of contact will be by double registered mail. An employee being recalled must return to perform the duties of those jobs maintained.
awork within seven (7) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between double registered mail, except in the parties that failure to do so cases of illness/injury (evidence of illness or injury will mean that be required) or vacation (as long as the Educational Assistant accepts lay-off at employee has notified the end Employer of the notice period.
16.03 absence). Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day medical evidence will be given primary consideration the seven (7) days notice period upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall clearance for return to work. Employees on vacation will be placed on a recall list, with copy furnished to given the Union, and shall be called back to work as required beginning with seven (7) days notice period upon the most senior Educational Assistant and descending previously provided date of return from there.
16.09 No Educational Assistant shall be permitted to have her name remain on vacation. If the employee refuses the recall list in excess of twelve they will no longer have recall rights. The mandatory recall period will be effective for six (126) school months following the month in which the layoff occurredlayoff.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LAYOFFS AND RECALL. 16.01 It 21.1 An Employee is not considered to be laid off when:
(a) there is a reduction in a Full-time and/or Part-time Employee's hours of work as contained in the intent of these lay-off and recall procedures to apply to the normal summer period. However, original posting;
(b) where known, recall dates of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employeran Employee's position is declared redundant.
16.02 21.2 In the event of lay-offa layoff the Employer agrees to notify all Employees of such layoff at the earliest possible date. However, employees notice of layoff will be given within the following time limits based on years of service: Less than one year of service - two weeks notice One year to two years of service - one month notice Two years to five years of service - two months notice Five years or more of service - four months notice In the event of a layoff, Employees shall be laid off in the reverse order of their seniority provided that those persons retained have the necessary skills, qualifications, and ability to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off noticeseniority. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability providing they are qualified to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform do the work.
16.05 In 21.3 Reduction in the event of lay-off, every employee affected work force shall be given accomplished in the following manner:
(a) The Employee(s) who is/are declared surplus shall first bump the most junior Employee within their geographical work area and job. Should the surplus Employee be the most junior employee in that job in that geographical work area, that Employee may elect to bump the most junior Employee in their job in another geographical work area. It is agreed and understood that Full-time Employees may bump other Full-time Employees with less seniority in their own geographical work area or another geographical work area before they will be required to bump Part-time Employees.
(b) Notwithstanding the above, the surplus Employee may elect to bump any Employee who has less seniority in another job classification provided that the surplus employee is capable of performing the work.
(c) Any Employee displaced due to the above process shall be afforded the same bumping rights as the original laid off Employee, except that, eventually, the most junior Employee will be laid off.
(d) Any Employee, not wishing to bump, shall accept the lay off and normal recall rights shall apply.
(e) Employees moving to the same or lower job classification shall not suffer any loss of wages. They shall be red circled for four (4) weeks’ notice before months then move to the rate of the new job at their grid level.
(f) Employees required to move to a new job classification above their own shall be placed on the new grid at a level of pay that is equal to or if no equal rate is available, then to the rate that is next immediately above their own rate and then continue to move through the new grid according to length of service with the Employer.
(g) The Employee must indicate in writing to the Chief Administrative Officer, or his/her designate, with a copy to the President of the Local, their intention to displace another Employee as far in advance as possible, but not later than five (5) working days following their date on which she is of notice. Failing to indicate their intent to displace another Employee within this time period, the Employee shall be deemed to have opted to be laid offoff and Article 21.3 shall not apply.
21.4 RECALL
(a) No new Employee shall be hired until those on layoff for less than twenty-four (24) months are given the first opportunity of re-employment to any vacancy for which the Employee is qualified or has the equivalent experience to do the job. Such offer must be accepted or rejected within five (5) working days of being notified that a job vacancy exists. Refusal to accept a vacancy, which has been offered, shall be considered as a resignation from the Board except when recall requires a relocation of residence to another municipality.
(b) It shall be the duty of all employees to notify the Employer promptly, in writing, of any change of address. If an Employee should fail to do this, the Employer shall not be responsible for failure of a notice to reach them, and any notice sent by the Employer by registered mail to the extent that such minimum notice is not givenaddress which appears on the Employer's personnel records, shall be deemed conclusively to have been received by the employee shall receive pay in lieu thereofEmployee or laid off person.
16.06 21.5 Grievances concerning lay-offs and recalls shall be initiated at Step II 2 of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It A) When there is not a reduction of working forces within a division, the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees following procedure shall govern in making layoffs: Layoff shall be indicated on by division as defined in Article 15.C.
B) Seasonal, temporary, part-time, and probationary employees (in that order) who perform bargaining unit work shall be laid off first within a division before the Separation Certificate issued by layoff of any bargaining unit members within that division. When an employee exercises bumping rights into a division as a result of a layoff as explained above, the Employerseasonal, temporary, part-time, and probationary employees (in that order) who perform bargaining unit work shall be laid off before the layoff of any bargaining unit members within that division.
16.02 In C) If additional layoffs are necessary, seniority employees in the event of lay-off, employees affected division shall be laid off in reverse order of the seniority, provided those who desire to exercise their seniority provided that those persons retained have the necessary skills, qualifications, and ability must be able to perform the duties of those jobs maintainedremaining work without additional training or additional supervision.
aD) In order The procedure used to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect toaccomplish this shall be as follows:
i1) Accept Employees who are displaced by elimination of their job, or another employee bumps them, shall displace an employee with lesser seniority in their division. The employee who cannot displace an employee within their classification shall displace a less seniority employee in a lower classification in their division if the lay-off and be recalled under the terms employee is fully capable of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Divisionperforming such work with minimal additional training.
b2) Where there are Educational Assistants Employees who are on lay-off or who are laid off at the end of June, displaced within their division and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is going to be laid offoff shall bump any employee in other divisions with less bargaining unit seniority if the employee is fully capable of performing such work with minimal additional training. An employee bumping to another division may only bump into the lowest classification in a division and may not bump into a higher classification from that classification which the employee holds at the time of his displacement.
E) Employees to be laid off for an indefinite period of time shall have at least fourteen (14) calendar days notice of layoff. The Chapter Chairman, Vice Chapter Chairman, and Secretary shall receive a list from the Employer of the employees being laid off on the same date the notices are issued to the extent that such minimum notice employees.
F) When the working force is not givenincreased after a layoff, the employee shall receive pay employees will be recalled according to seniority in lieu thereof.
16.06 Grievances concerning lay-offs and recalls reverse order of the Layoff Section. Notice of recall shall be initiated sent to the employee at Step II his last known address by certified mail. If the employee fails to call or personally appear to the Human Resources Department within ten (10) calendar days of the grievance procedure.
16.07 Notwithstanding mailing date of the provisions of Article 15.01notice, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off he shall be placed on a recall listconsidered as having quit. If the employee calls the Human Resources Department within ten (10) calendar days of the notice, with copy furnished to the Union, and he shall be called back report to work as required beginning with directed, but be allowed up to fourteen (14) calendar days from the most senior Educational Assistant and descending from theredate of the phone call or personal appearance to report to work provided reasons satisfactory to the Employer are given for the requested extension of time.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALL. 16.01 It is 20.01 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 of hours shall not the intent of these lay-off and recall procedures be considered to apply to the normal summer periodbe a layoff. However, where knowna reduction in hours that exceeds twenty-five (25%) of an employee’s scheduled hours may, recall dates of ten (10) month employees shall be indicated on at the Separation Certificate issued by the Employeremployee’s option, trigger bumping rights as per Article 20.03.
16.02 20.02 In the event of lay-offa layoff, employees shall be laid off by job category in reverse order of their seniority. Employees subject to layoff and who have acquired seniority provided that those persons retained have the necessary skills, qualifications, and ability to perform the duties shall be given written notice of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect tolayoff as follows:
(i) Accept the lay-off and be recalled under the terms one (1) weeks notice after (3) three continuous months of the Collective Agreement oremployment;
(ii) Displace three (3) weeks notice after twelve (12) continuous months of employment; The Employer may substitute the most junior permanent Educational Assistant equivalent pay in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end lieu of June, notice and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end copy of the notice periodof layoff shall be forwarded to the Union.
16.03 20.03 A laid off employee may bump a junior employee, provided the laid off employee has more seniority and is willing and qualified and has the ability to do the job of the less senior employee. However, in no circumstances will an employee affect a promotion through a bump.
20.04 Employees on layoff shall be recalled in order of seniority, subject to their seniority provided that the person recalled has the necessary skillswillingness, qualifications, qualifications and ability to perform do the duties work available. It shall be sufficient for the Employer to send notice of recall to the employee by registered mail to the employee’s last known address. An employee who is recalled to work after a layoff must return to work within three (3) calendar days if unemployed, and within fourteen (14) calendar days if employed elsewhere and required to provide fourteen (14) days notice to that employer. An employee employed elsewhere shall give the Employer notice of their intent to return to work within three (3) calendar days of receipt of the jobnotice of recall.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice 20.05 The Employer is not given, the required to give notice to an employee shall receive pay who is terminated for cause; hired for a project or temporary position; or in lieu thereofcases where an employee is offered and refuses alternative employment.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It is 21.01 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 of hours shall not the intent of these lay-off and recall procedures be considered to apply to the normal summer periodbe a layoff. However, where knowna reduction in hours that exceeds twenty percent (20%) of an employee’s scheduled hours may, recall dates of ten (10) month employees shall be indicated on at the Separation Certificate issued by the Employeremployee’s option, trigger bumping rights as per Article 21.03.
16.02 21.02 In the event of lay-offa layoff, employees shall be laid off by job category in reverse order of their seniority provided that those persons retained within a Department. Employees subject to layoff and who have the necessary skills, qualifications, and ability to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their acquired seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four written notice of layoff as follows:
(i) One (1) weeks’ notice after (3) three continuous months of employment.
(ii) Four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereofafter twelve (12) continuous months of employment.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½iii) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list Five (5) weeks’ notice after five (5) years continuous employment plus one (1) additional weeks’ notice for each additional two (2) years in excess of five (5) years of employment to a maximum of twelve (12) school months following weeks’ notice. The Employer may substitute the month equivalent pay in which lieu of notice and a copy of the notice of layoff occurredshall be forwarded to the Union.
21.03 A laid off employee may bump a junior employee in any Department, provided the laid off employee has more seniority and is willing and qualified and has the ability to do the job of the less senior employee. However, in no circumstances will an employee affect a promotion through a bump.
21.04 Employees on layoff shall be recalled by Department in order of seniority, subject to their willingness, qualifications and ability to do the work available. It shall be sufficient for the Employer to send notice of recall to the employee by registered mail to the employee’s last known address. An employee who is recalled to work after a layoff must return to work within three (3) calendar days if unemployed, and within fourteen (14) calendar days if employed elsewhere and required to provide fourteen (14) days’ notice to that employer. An employee employed elsewhere shall give the Employer notice of their intent to return to work within three (3) calendar days of receipt of the notice of recall.
21.05 The Employer is not required to give notice to an employee who is terminated for cause; hired for a project or temporary position; or in cases where an employee is offered and refuses alternative employment.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It a. A layoff is not defined as a permanent reduction in force in any occupied bargaining unit position.
b. When it becomes necessary to layoff, the intent of these lay-off and recall procedures to apply to the normal summer periodfollowing principles shall apply:
1. However, where known, recall dates of ten (10) month employees shall Employees will be indicated selected for layoff based on the Separation Certificate issued by Employer’s operational needs;
2. All probationary Employees within the Employer.
16.02 In the event of lay-off, employees adversely affected classification shall be laid off first, provided there are seniority Employees qualified to perform the available work (as defined in reverse order of their seniority Section 5.c. below);
3. If layoffs are still necessary, the least senior Employee in the affected classification shall be laid off first, provided that those persons retained have the necessary skillsremaining seniority Employees are qualified to perform the available work (as defined in Section 5.c. below).
4. In layoff situations, qualificationsthe Employer will give as much notice as is reasonably practical under the circumstances.
c. As used in this Section 5, “qualified” shall be defined as a reasonable belief on the part of the Employer, through reference to Employer records (which may include verifiable previous work experience within or outside the Park District), that the Employee has the job experience, educational background, and skill and ability to then perform all of the required job duties and responsibilities of those jobs maintainedthe available work with only an orientation period. The Employer may also rely on performance reviews and discipline and attendance records in making its selection. The orientation period referred to above shall be for the purpose of acquainting the Employee with the peculiarities of the job but shall not constitute, nor shall it include, any training.
a) In order to minimize d. Recall is defined as the potentially disruptive nature requested return of an Educational Assistant laya laid-off during the school year, an Educational Assistant who has received Employee to a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms previously held position. The names of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at Employees shall be placed on a layoff list for a period of time equal to the end Employee’s length of June, and there will not be sufficient positions in September for them all continuous service up to be recalled, then the Employer will laya maximum of twenty-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off noticefour months. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in seniority order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the jobthey are qualified as set forth in subsection c. above.
16.04 New employees e. The Employer’s decisions under this Section S shall not be hired if there are employees on lay-off with the necessary skills, qualifications, overturned unless arbitrary and ability to perform the workcapricious.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALL. 16.01 It is not the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employer.
16.02 a. In the event of lay-offthat a layoff is necessary, employees shall be laid off in the affected classification(s) in reverse order of their seniority provided seniority. Within a classification, an employee identified for layoff shall bump the least senior employee in said classification if senior to that those persons retained have the necessary skills, qualificationsemployee. An employee notified of layoff may elect to bump into a classification which he/she previously held, and ability shall bump the least senior employee in that classification so long as senior to perform the duties that employee. An employee notified of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first layoff shall have five (5) working days to decide if he/she wishes to bump or take layoff.
b. Employees on layoff shall be entitled to recall as follows:
1. completion of 6 months - completion of 2 years of employment: 1 year
2. beginning of 3rd year - completion of 6 years of employment: 2 years
3. beginning of 6th year or more: 3 years Any employee with five (5) years of service or more who is laid off shall continue to receive health insurance from the Town under the same terms (co-share, copayments, level of benefits, etc.) as current employees receive/pay for a period of two (2) months following layoff and commencing with the first of the month following layoff.
c. When a position becomes available which was previously held by an employee on the recall list, that employee shall be recalled. If more than one employee on the recall list held the position, recall shall be by seniority.
d. Notice of recall shall be sent to the employee by certified mail. Within 5 calendar days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end notice of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not givenrecall, the employee must notify the Town of intention to accept the recall. Within 14 calendar days of notifying the Town of intention to accept the recall, the employee must return to Town employ. The Town shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting fulfilled its obligations by mailing the recall notice by certified mail to the mailing address provided by the employee, who shall have the obligation to inform the Town of latest mailing address.
e. If a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become becomes available having comparable hours.
16.08 All Educational Assistants laid off shall be placed which was not previously held by any employee on a the recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain all employees on the recall list in excess will be notified of twelve (12) school months following the month in which vacancy, and may submit a letter of interest within the layoff occurredstated time period. The most senior employee on the recall list who is qualified for the position shall be appointed.
f. Seniority shall be cumulative during periods of layoff, during periods of maternity/parental leave, and during periods of sick leave without pay. Seniority shall not be cumulative during all other leaves without pay.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALL. 16.01 It is not the intent 11.01 Seniority of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated considered as their length of employment from date of (re)hire and shall be recognized on an Employer-wide basis. New employees shall be placed on the Separation Certificate issued seniority list upon the completion of a total of ninety (90) days of employment in a two (2) year period and their respective seniority shall be dated back to the date of their most recent hiring.
11.02 Seniority lists shall be maintained at all times by the EmployerEmployer and shall be available to the Union.
16.02 In 11.03 Seniority rights shall cease and an employee shall be deemed to be terminated if he:
a. voluntarily quits the event employ of lay-offthe Employer;
b. is discharged and such discharge be not reversed through the Grievance Procedure;
c. fails to report on the first day following the expiration of a leave of absence, unless he has a justifiable reason;
d. is laid off for a continuous period of more than three (3) consecutive months and has less than two (2) years of seniority;
11.04 When the Employer deems it necessary to reduce the work force, he shall consult the Union on the need for layoffs. Where a reduction of the workforce is inevitable, probationary employees shall be laid off in reverse order of their seniority first. Thereafter, provided that those persons retained the Employer shall retain a competent and efficient work force and provided that the employees affected have the necessary skillssubstantially equal skill, competence, efficiency, ability and qualifications, layoffs shall be determined by seniority so that the last hired shall be the first laid off. Provided that the Employer shall retain a competent and efficient work force and provided that the employees affected have substantially equal skill, competence, efficiency, ability to perform and qualifications, recalls shall be determined by seniority so that the duties of those jobs maintainedlast laid off shall be the first recalled.
a11.05 The Employer agrees to notify the Union of any recall and layoff which are out of seniority sequence and the reasons why.
11.06 The Employer shall give one (1) In order week’s notice of the need for a layoff wherever possible, to minimize the potentially disruptive nature Union and will meet with the Union Representative and the Xxxxxxx or Stewards immediately after the giving of an Educational Assistant lay-off during such notice to review the school year, an Educational Assistant who has received situation.
11.07 The Employer shall not be required to give one (1) week’s notice of layoff or pay in lieu when circumstances beyond the control of the Employer cause a lay-off notice during the school year may elect to:stoppage of operations.
i) Accept the lay-11.08 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements acceptable with the Employer to return.
11.09 Any appeal in regard to a layoff must be recalled taken up under the terms first step of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant Grievance Procedure hereinafter set forth within the first five (5) working days of receipt of workdays after the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice periodlayoff took place.
16.03 Employees shall be recalled in order of their seniority provided that 12.01 The Employer will provide transportation to and from jobs from the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she Employer’s shop. If an employee’s car is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.used for such
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It is not a) Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the intent control of these lay-the Employers, the Employers will notify employees who are to be laid off and recall procedures to apply to the normal summer period. However, where known, recall dates of at least ten (10) month working days prior to the effective date of layoff. If the employee has not had the opportunity to work during the ten (10) days referred to above, he will be paid for those days for which work was not made available. The aforementioned ten (10) days notice will be limited to those Regular Full-time, Regular Part-time, and Auxiliary employees shall be indicated on the Separation Certificate issued by the Employerwho acquired seniority rights in either a regular seniority pool or auxiliary seniority pool.
16.02 b) In the event of lay-offa layoff, employees shall will be laid off in the reverse order of their bargaining unit-wide seniority provided that those persons retained have an employee may bump a junior employee only in cases where the necessary skills, qualifications, and ability senior employee is qualified to perform fill the duties of those jobs maintainedlower paid position.
ac) In Employees will be recalled to positions for which they are qualified, in the order to minimize the potentially disruptive nature of an Educational Assistant laytheir bargaining unit-wide seniority.
d) No new employees will be hired following a layoff until those employees who were laid off during the school year, an Educational Assistant who has received have been given a lay-off notice during the school year may elect toreasonable opportunity of recall as follows:
i) Accept the lay-off and be recalled under Employers will make every reasonable attempt to contact the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled employees in order of their seniority in the Bargaining Unit and the employees will be recalled by the Employers in such order provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties they respond within forty-eight (48) hours of the job.initial attempt of the Employers to contact them;
16.04 New ii) upon making contact with an employee, the Employers will specify the time when the employee will report for work;
iii) an employee who does not respond within forty-eight (48) hours of the initial attempt of the Employers to contact him, or who refuses to report for work will be placed at the bottom of the list of employees shall not be hired if there are employees on lay-off with eligible for recall under this Article notwithstanding his seniority in the necessary skillsBargaining Unit;
iv) an employee notified to return to work will report at the time and place specified by the Employers or, qualificationsin extenuating circumstances, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four within fourteen (414) weeks’ notice before calendar days from the date on which she is of the initial attempt of the Employers to contact him;
v) it will be the responsibility of all employees who have been laid off and wish to be laid offrecalled by the Employers to keep the Employers informed of their respective current addresses and telephone numbers;
vi) Where, due to a layoff, a Full-time employee has had his/her hours of work reduced and to the extent that such minimum notice is not givenhis/her employment status changed, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs may, at his/her option, continue to contribute to the Municipal Pension Plan. Contributions made by the Employers and recalls shall the employee will be initiated at Step II made, on the basis of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more new hours per weekworked, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished are subject to the Union, and shall be called back to work as required beginning with requirements of the most senior Educational Assistant and descending from therePension (Municipal) Act.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It
21.1 An Employee is not considered to be laid off when:
(a) there is a reduction in a full-time and/or part-time Employee's hours of work as contained in the intent of these lay-off and recall procedures to apply to the normal summer period. However, original posting;
(b) where known, recall dates of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employeran Employee's position is declared redundant.
16.02 21.2 In the event of lay-offa layoff the Employer agrees to notify all Employees of such layoff at the earliest possible date. However, employees notice of layoff will be given within the following time limits based on years of service: Less than one year of service - two weeks notice One year to two years of service - one month notice Two years to five years of service - two months notice Five years or more of service - four months notice In the event of a layoff, Employees shall be laid off in the reverse order of their seniority provided that those persons retained have the necessary skills, qualifications, and ability to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off noticeseniority. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability providing they are qualified to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform do the work.
16.05 In 21.3 Reduction in the event of lay-off, every employee affected work force shall be given accomplished in the following manner:
(a) The Employee(s) who is/are declared surplus shall first bump the most junior Employee within their geographical work area and job. Should the surplus Employee be the most junior employee in that job in that geographical work area, that Employee may elect to bump the most junior Employee in their job in another geographical work area. It is agreed and understood that Full-time Employees may bump other Full-time Employees with less seniority in their own geographical work area or another geographical work area before they will be required to bump Part-time Employees.
(b) Notwithstanding the above, the surplus Employee may elect to bump any Employee who has less seniority in another job classification provided that the surplus employee is capable of performing the work.
(c) Any Employee displaced due to the above process shall be afforded the same bumping rights as the original laid off Employee, except that, eventually, the most junior Employee will be laid off.
(d) Any Employee, not wishing to bump, shall accept the lay off and normal recall rights shall apply.
(e) Employees moving to the same or lower job classification shall not suffer any loss of wages. They shall be red circled for four (4) weeks’ notice before months then move to the rate of the new job at their grid level.
(f) Employees required to move to a new job classification above their own shall be placed on the new grid at a level of pay that is equal to or if no equal rate is available, then to the rate that is next immediately above their own rate and then continue to move through the new grid according to length of service with the Employer.
(g) The Employee must indicate in writing to the Chief Administrative Officer, or his/her designate, with a copy to the President of the Local, their intention to displace another Employee as far in advance as possible, but not later than ten (10) working days following their date on which she is of notice. Failing to indicate their intent to displace another Employee within this time period, the Employee shall be deemed to have opted to be laid offoff and Article 21.3 shall not apply.
21.4 RECALL
(a) No new Employee shall be hired until those on layoff for less than twenty-four (24) months are given the first opportunity of re-employment to any vacancy for which the Employee is qualified or has the equivalent experience to do the job. Such offer must be accepted or rejected within five (5) working days of being notified that a job vacancy exists. Refusal to accept a vacancy, which has been offered, shall be considered as a resignation from the Board except when recall requires a relocation of residence to another municipality.
(b) It shall be the duty of all employees to notify the Employer promptly, in writing, of any change of address. If an Employee should fail to do this, the Employer shall not be responsible for failure of a notice to reach them, and any notice sent by the Employer by registered mail to the extent that such minimum notice is not givenaddress which appears on the Employer's personnel records, shall be deemed conclusively to have been received by the employee shall receive pay in lieu thereofEmployee or laid off person.
16.06 21.5 Grievances concerning lay-offs and recalls shall be initiated at Step II 2 of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It is not the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employer.
16.02 In the event of lay-off, employees shall be laid off in reverse order of their seniority provided that those persons retained have the necessary skills, qualifications, and ability to perform the duties of those jobs maintained.
a) In order the circumstances where an employee is laid off, seniority within a classification will prevail. An employee subject to minimize layoff shall have the potentially disruptive nature right within seven (7) days of an Educational Assistant lay-off during written notification of the school year, an Educational Assistant who has received a lay-off notice during the school year may elect tolayoff to either:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement layoff; or;
ii) Displace an employee with less seniority, providing the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled employee has the necessary skillsrelevant skill, qualificationsability, efficiency and ability qualifications to perform the work and has previously performed the duties of the jobposition and can resume the position with a familiarization period of up to ten days. For the purposes of this Article the parties agree that Outreach and Residential shall be considered to be within the same classification.
16.04 New (b) Recall will be in the reverse order of layoff. An employee will be recalled to a classification from which she was laid off or a position previously held, providing that the employee has the relevant skill, ability, efficiency and qualifications to perform the work and has previously performed the duties of the position and can resume the position with a familiarization period of up to ten days in order of seniority. For the purposes of this Article the parties agree that Outreach and Residential shall be considered to be within the same classification.
(c) WCSWR agrees not to hire any new employees shall not be hired if while there are employees in the same classification on lay-off with layoff who have the necessary skills, qualifications, skill and ability to perform the work. For the purposes of this Article the parties agree that Outreach and Residential shall be considered to be within the same classification.
16.05 In (d) Employees who refuse to return to work when recalled under the event terms of lay-offthis provision will be considered to have voluntarily resigned unless otherwise mutually agreed.
(e) WCSWR shall give an employee who is laid off for a period of more that eight (8) weeks, every employee affected shall be given notice in writing, or pay in lieu of notice, or a combination of notice and pay in lieu of notice, in accordance with the following schedule:
(i) Up to two (2) years service – two (2) weeks;
(ii) Three (3) years service or more but less than four (4) years service – three (3) weeks;
(iii) Four (4) years service or more but less than five (5) years service – four (4) weeks’ ;
(iv) Five (5) years service or more but less than six (6) years service – five (5) weeks;
(v) Six (6) years service or more but less than seven (7) years service – six (6) weeks;
(vi) Seven (7) years service or more but less than eight (8) years service – seven (7) weeks;
(vii) Eight (8) years service or more – eight (8) weeks. The parties agree that any notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive or pay in lieu thereofof notice that an Employee receives pursuant to this provision is inclusive of any notice of termination, or pay in lieu of notice, that the Employee is entitled to pursuant to the Employment Standards Act, 2000 in the event that the Employee’s employment is terminated.
16.06 Grievances concerning lay-offs and recalls (f) Service shall be initiated at Step II calculated as defined in Article 11.01, as of the grievance proceduredate of the proposed layoff.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It is not a) Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the intent control of these lay-the Employers, the Employers will notify employees who are to be laid off and recall procedures to apply at least sixty (60) calendar days prior to the normal summer periodeffective date of layoff. HoweverIf the employee has not had the opportunity to work during the sixty (60) calendar days referred to above, where knownhe will be paid for those days for which work was not made available. The aforementioned sixty (60) calendar days notice will be limited to those Regular Full-Time, recall dates of ten (10) month Regular Part-Time and Auxiliary employees shall be indicated on the Separation Certificate issued by the Employerwho acquired seniority rights in either a regular seniority pool or auxiliary seniority pool.
16.02 b) In the event of lay-offa layoff, employees shall will be laid off in the reverse order of their bargaining unit-wide seniority provided that those persons retained have an employee may bump a junior employee only in cases where the necessary skills, qualifications, and ability senior employee is qualified to perform fill the duties of those jobs maintainedlower paid position.
ac) In Employees will be recalled to positions for which they are qualified, in the order to minimize the potentially disruptive nature of an Educational Assistant laytheir bargaining unit-wide seniority.
d) No new employees will be hired following a layoff until those employees who were laid off during the school year, an Educational Assistant who has received have been given a lay-off notice during the school year may elect toreasonable opportunity of recall as follows:
i) Accept the lay-off and be recalled under Employers will make every reasonable attempt to contact the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled employees in order of their seniority in the Bargaining Unit and the employees will be recalled by the Employers in such order provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties they respond within forty-eight (48) hours of the job.initial attempt of the Employers to contact them;
16.04 New ii) upon making contact with an employee, the Employers will specify the time when the employee will report for work;
iii) an employee who does not respond within forty-eight (48) hours of the initial attempt of the Employers to contact him, or who refuses to report for work will be placed at the bottom of the list of employees shall not be hired if there are employees on lay-off with eligible for recall under this Article notwithstanding his seniority in the necessary skillsBargaining Unit;
iv) an employee notified to return to work will report at the time and place specified by the Employers or, qualificationsin extenuating circumstances, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four within fourteen (414) weeks’ notice before calendar days from the date on which she is of the initial attempt of the Employers to contact him;
v) it will be the responsibility of all employees who have been laid off and wish to be laid offrecalled by the Employers to keep the Employers informed of their respective current addresses and telephone numbers;
vi) Where, due to a layoff, a Full-Time employee has had his/her hours of work reduced and to the extent that such minimum notice is not givenhis/her employment status changed, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs may, at his/her option, continue to contribute to the Municipal Pension Plan. Contributions made by the Employers and recalls shall the employee will be initiated at Step II made, on the basis of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more new hours per weekworked, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished are subject to the Union, and shall be called back to work as required beginning with requirements of the most senior Educational Assistant and descending from therePension (Municipal) Act.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It is 21.01 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 of hours shall not the intent of these lay-off and recall procedures be considered to apply to the normal summer periodbe a layoff. However, where knowna reduction in hours that exceeds twenty (20%) of an employee’s scheduled hours may, recall dates of ten (10) month employees shall be indicated on at the Separation Certificate issued by the Employeremployee’s option, trigger bumping rights as per Article 21.03.
16.02 21.02 In the event of lay-offa layoff, employees shall be laid off by job category in reverse order of their seniority provided that those persons retained within a Department. Employees subject to layoff and who have the necessary skills, qualifications, and ability to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their acquired seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four written notice of layoff as follows:
(i) One (1) weeks’ notice after (3) three continuous months of employment.
(ii) Four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereofafter twelve (12) continuous months of employment.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½iii) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list Five (5) weeks’ notice after five (5) years continuous employment plus one (1) additional weeks’ notice for each additional two (2) years in excess of five (5) years of employment to a maximum of twelve (12) school months following weeks’ notice. The Employer may substitute the month equivalent pay in which lieu of notice and a copy of the notice of layoff occurredshall be forwarded to the Union.
21.03 A laid off employee may bump a junior employee in any Department, provided the laid off employee has more seniority and is willing and qualified and has the ability to do the job of the less senior employee. However, in no circumstances will an employee affect a promotion through a bump.
21.04 Employees on layoff shall be recalled by Department in order of seniority, subject to their willingness, qualifications and ability to do the work available. It shall be sufficient for the Employer to send notice of recall to the employee by registered mail to the employee’s last known address. An employee who is recalled to work after a layoff must return to work within three (3) calendar days if unemployed, and within fourteen (14) calendar days if employed elsewhere and required to provide fourteen (14) days’ notice to that employer. An employee employed elsewhere shall give the Employer notice of their intent to return to work within three (3) calendar days of receipt of the notice of recall.
21.05 The Employer is not required to give notice to an employee who is terminated for cause; hired for a project or temporary position; or in cases where an employee is offered and refuses alternative employment.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It is not a) Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the intent control of these lay-the Employer, the Employer shall notify employees who are to be laid off and recall procedures to apply at least ten (l0) working days prior to the normal summer periodeffective date of layoff. However, where known, recall dates of If the employee has not had the opportunity to work during the ten (10l0) month employees days referred to above, he shall be indicated on the Separation Certificate issued by the Employerpaid for those days for which work was not made available. The aforementioned ten (l0) days notice shall be limited to those Regular Fulltime, Regular Parttime, and Auxiliary employees who acquired seniority rights in either a regular seniority pool or auxiliary seniority pool.
16.02 b) In the event of lay-offa layoff, employees shall be laid off in the reverse order of their bargaining unit-wide seniority provided that those persons retained have an employee may bump a junior employee only in cases where the necessary skills, qualifications, and ability senior employee is qualified to perform fill the duties of those jobs maintainedlower paid position.
ac) In Employees shall be recalled to positions for which they are qualified, in the order to minimize the potentially disruptive nature of an Educational Assistant laytheir bargaining unit-wide seniority.
d) No new employees shall be hired following a layoff until those employees who were laid off during the school year, an Educational Assistant who has received have been given a lay-off notice during the school year may elect toreasonable opportunity of recall as follows:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of shall make every reasonable attempt to contact the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled employees in order of their seniority in the Bargaining Unit and the employees shall be recalled by the Employer in such order provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties they respond within forty-eight (48) hours of the job.initial attempt of the Employer to contact them;
16.04 New employees ii) upon making contact with an employee, the Employer shall specify the time when the employee shall report for work;
iii) an employee who does not be hired if there are employees on layrespond within forty-off with eight hours of the necessary skillsinitial attempt of the Employer to contact him, qualifications, and ability or who refuses to perform the work.
16.05 In the event of lay-off, every employee affected report for work shall be given four placed at the bottom of the list of employees eligible for recall under this Article notwithstanding his seniority in the Bargaining Unit;
iv) an employee notified to return to work shall report at the time and place specified by the Employer or, in extenuating circumstances, within fourteen (4l4) weeks’ notice before calendar days from the date on which she is of the initial attempt of the Employer to contact him;
v) it shall be the responsibility of all employees who have been laid off and wish to be laid offrecalled by the Employer to keep the Employer informed of their respective current addresses and telephone numbers;
vi) Where, due to a layoff, a Fulltime employee has had his/her hours of work reduced and to the extent that such minimum notice is not givenhis/her employment status changed, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs may, at his/her option, continue to contribute to the Municipal Super- annuation Plan. Contributions made by the employer and recalls the employee shall be initiated at Step II made, on the basis of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more new hours per weekworked, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished are subject to the Union, and shall be called back to work as required beginning with requirements of the most senior Educational Assistant and descending from therePension (Municipal) Act.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALL. 16.01 It is not 17.01 Where layoffs (except seasonal or term layoffs) occur in the intent of these lay-off Bargaining Unit, employees in the Bargaining Unit shall have the rights and recall procedures protections provided under the Civil Service Act and Regulations.
17.02 In addition to the protections and rights under Article 17.01 above reverse seniority shall apply to layoffs, that is employees with less seniority (in the normal summer period. However, where known, recall dates of ten (10same classification or lower classification) month employees shall be indicated on the Separation Certificate issued by the Employer.
16.02 In the event of lay-off, employees shall be laid off before employees with greater seniority in reverse order of their that same classification or a higher classification, by Department and by classification, provided the employee with greater seniority provided that those persons retained have is willing to move to the necessary skills, qualifications, lower classification position and ability to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability qualified to perform the duties of the joblower classified position.
16.04 New 17.03 Notwithstanding Article 17.02 hereof, where layoffs occur in the Bargaining Unit, casual, temporary and probationary employees shall not be hired if there are employees on lay-laid off with the necessary skillsfirst, qualifications, and ability to perform the workin that order.
16.05 In 17.04 Where it is determined by the event Employer to be in the best interest of lay-offefficient operation to cancel an established position or project that has been in existence for one year or for longer period prior to the effective date of this Agreement, the Employer will make every employee affected shall be given reasonable effort to give any regular employees affected:
(a) a four (4) weeks’ month prior notice before of layoff; and
(b) reassignment, where possible, within the date on same District, Region, Branch or Department.
(c) alternate employment where possible within the public service at a comparable level of responsibility and salary.
17.05 When employees are reassigned as a result of action under Article 17.04, the employees shall be reassigned in order of seniority within classifications by Department, provided these employees have the necessary qualifications to perform the duties of the position to which she they are reassigned.
17.06 For a 12 month period, subject to the provisions of the Civil Service Act, laid off employees shall be recalled for available work in order of seniority.
17.07 Where a seasonal employee is to be laid off, and to the extent that such minimum notice is not givenplaced on inactive status, the employee shall receive pay in lieu thereofbe given not less than twenty (20) working days notice of such placement.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding 17.08 Subject to the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work the Civil Service Act no new person shall be hired in the bargaining unit until laid off employees have been unilaterally reduced during given the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hoursopportunity of recall.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALL. 16.01 It is not (a) The Employer shall notify the intent Union of these lay-off and recall procedures to apply to an anticipated layoff as soon as reasonably possible. Except in extenuating circumstances, the normal summer period. HoweverEmployer shall provide the Union with at least two (2) weeks' notice of the layoff.
(b) For the purposes of this Agreement, where known, recall dates of ten (10) month employees a layoff shall be indicated on defined as a reduction in the Separation Certificate issued by the Employerwork force.
16.02 (c) In the event of lay-offa layoff within a branch, employees the Employer shall be lay off the most junior employee(s) in the classification within the branch.
(d) A permanent employee who is laid off in reverse order of their may elect within three (3) calendar days to either:
i. Accept the layoff; or bump another employee with less seniority within the bargaining unit provided that those persons retained they have the necessary skillsqualification, qualifications, skills and ability to perform do the duties job within a one day orientation period
(e) In the event that more than one (1) permanent employee is affected by the layoff, the employees will make their claims in order of those jobs maintainedseniority.
a(f) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees An employee shall be recalled in order of their seniority provided that the person recalled has employee possesses the necessary skills, qualifications, proven skill, ability and ability experience to competently perform the duties job being claimed within a one (1) day orientation period.
(g) An employee exercising his/her right under this Article shall be paid the appropriate rate in the new classification.
(h) This Article shall not apply to layoffs and recalls of three (3) working days or less.
(a) When recalling an employee after layoff, s/he shall be notified by telephone, if unable to reach by telephone, then by registered mail to the last address of the jobemployee known to the Employer, and allowed ten (10) working days to report for work, however, s/he must advise the Employer within two (2) working days of the receipt of notification of return to work of his/her intention to return to work ifs/he wishes the Employer to hold the job open for his/her for the full ten (10) day period. If the employee is recalled and advised the Employer that s/he is not immediately available for work, other qualified employees shall be recalled but shall be temporarily employed until the employee reports within the ten (10) working day period.
16.04 (b) It shall be the employee's responsibility to keep the Employer notified as to any change in his/her address or telephone number so that they will be up-to-date at all times. If an employee fails to keep the Employer informed of his/her current address and telephone number, the Employer shall not be responsible for failure of a notice to reach such employee.
(a) New employees shall not be hired if there until those employees who are employees on lay-laid off with and possessing the necessary skills, required qualifications, proven skill, ability and ability experience to competently perform the workavailable work within their geographic service area have been given an opportunity of recall.
16.05 In the event of lay-off, every employee affected (b) No position shall be given four (4) weeks’ notice before posted until laid off employees within the date on which she is to be laid off, and to affected classification within the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work geographic service area have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hoursan opportunity of recall.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It is not (1) The Authority will meet with Local 2 at least sixty (60) days before the intent effective date of these laya reduction-off and recall in-force or re- organization impacting Local 2 positions to provide details regarding the RIF or reorganization.
(2) If the Authority determines to reduce the workforce cov- ered by this Agreement, the procedures to apply written below shall be used. Notices of any layoffs shall be given to the normal summer periodUnion at least sixty (60) days in advance of the date pro- posed for layoff. HoweverEach RIF-designated employee, where knowninclud- ing displaced employees, recall dates will receive at least five (5) days’ notice prior to the effective date of ten the RIF.
(103) month employees Upon issuance of notice of an impending layoff, all job va- cancies or new jobs occurring at positions covered by this agreement, shall be indicated reviewed for impact on the Separation Certificate issued by reduction in force or opportunity for displacement prior to being posted in accordance with Article VII. In cases of layoff, the Employer.
16.02 In the event of lay-off, employees least senior employee in an af- fected classification shall be laid off designated for layoff, except the parties recognize that in reverse order the case of their reimbursable projects or in some classifications and some work assign- ments within a classification, because of the specific train- ing and experience required, layoff on the basis of strict seniority provided that those persons retained may not be feasible. The Authority shall have the necessary skillsburden of establishing the applicability of the exception, qualifications, but in such cases the person designated for layoff shall be determined by (a) seniority and (b) ability to perform the duties work. Where factor (b), as determined in the judgment of those jobs maintainedthe employer by legitimate job related factors, is approxi- mately equal among candidates, seniority shall govern. It is the intent of the parties that the maximum protection of seniority rights shall be afforded in all layoff matters wher- ever feasible.
a(4) Any employee so laid off may displace another employee with the least seniority in the same or lower labor grade in any bargaining unit classification, provided that the bump- ing employee has the qualifications to satisfactorily per- form the job competently and efficiently and has greater seniority. An employee who is displaced as a result of such pro- cedure may displace another employee through the same procedure.
(5) Temporary employees shall have the same displacement rights as regular employees. A regular employee affected by a reduction in force will be permitted to displace a temporary employee. If a regu- lar employee displaces a temporary employee, the regular employee will retain regular employee status. Part-time employees may displace only other part-time employees under section 4, above. A part-time employee may not displace a full-time employee. A full-time employee affected by a reduction in force will be permitted to displace a part-time employee. If a full-time employee displaces a part-time employee, the full-time employee will assume part-time employee status.
(6) In order the process of bumping during layoff, the Authority and the Union agree where possible to minimize the potentially disruptive nature number of an Educational Assistant lay-off during moves so as not to impede the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms operation of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant Authority. The parties agree that employees shall not delay in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end select- ing among positions for displacement in lieu of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first layoff. Employees shall have five (5) working days of receipt of within which to select from the lay-off noticeavailable position(s); employees failing to select an available position within five (5) working days, shall be assigned to the position. It is agreed between Employees declining the parties that failure assigned position(s), shall move to do so will mean that the Educational Assistant accepts lay-off at the end of the notice periodseniority selection order.
16.03 Employees shall (7) Any employee so affected who transfers into a lower pay grade will be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability paid according to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01VII, Section 4, provided that for an Educational Assistant employee receiving a longevity increase, the longevity increase will be included in determining the employee’s current pay rate and the employee’s new pay rate may include the longevity in- crease for the new grade.
(8) The Authority shall maintain a “recall list” of employees who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants Employees laid off shall be placed on a recall list, with copy furnished en- titled to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall this list in excess of twelve for two (122) school months following the month in which the layoff occurred.years. This section does not apply to temporary employees with less than ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALL. 16.01 It is not 1 When it becomes necessary to reduce the intent of these lay-working force, summer student employees will be laid off and recall procedures to apply to the normal summer periodfirst fol- lowed by probationary employees. HoweverThe Company agrees, where knownpossible, recall dates to give employees five days notice of ten (10) month layoff. The employees shall be indicated on the Separation Certificate issued by the Employerare expected to work out such notice.
16.02 (a) In the event of lay-offa layoff in a department for the balance of the shift, the employees shall affected will be laid off in reverse order of their seniority provided that those persons retained have the necessary skills, qualifications, and ability without regard to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off noticeseniority. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-offa layoff in a department of more than the balance of the shift, every summer student employees will be laid off first, probationary employees will be laid off second. An employee (other than a summer student or probationary employee) having more seniority in the department who is displaced shall ex- ercise his seniority in the same department providing he is able and willing to do the work assigned to him and at the rate of pay applicable to the job to which he is assigned. Within three working days any seniority employee affected shall by a reduction of work in a department will be given four (4assigned to work which he is able and willing to perform in line with his seniority and at the rate of pay applicable to the job to which he is assigned. The displaced employee(s) weeks’ notice before will be assigned to work in line with his seniority that is being performed by the date on most junior employee(s) remaining in the plant and which she he is able and willing to perform. If there be an increase in the work force after a layoff, employees with seniority will be returned to work in the reverse order in which they were laid off, providing they are able and willing to do the work required of them. When an employee is reassigned from his classifi- cation and department as a result of a layoff he will retain the right to return to his former classification and depart- ment when an opening exists in line with his seniority.
(a) An employee can refuse first recall providing that he/she has full time employment and; can prove to the extent Company that such minimum notice he/she has full time employment elsewhere;
( i i ) there is not givenan employee(s) on layoff capable of per- forming the work assignment required, in ord- er of seniority;
( i i the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II duration of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01work, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per weekfor recall, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off less than thirty working days. Employees refusing first recall shall be placed on a recall list, with copy furnished to at the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on bottom of the recall list in excess for a period of twelve thirty calendar days or until next recall (12) school months following the month in which the layoff occurredwhichever comes first).
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALL. 16.01 It The Company shall, in its sole discretion, determine when the layoff or recall of employees is not necessary. When the intent of these lay-Company decides to layoff or recall employees, it shall lay off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employer.
16.02 In the event of lay-off, employees shall be laid off in reverse order of their seniority and recall employees in order of seniority provided that those persons retained the employees remaining after a layoff and the employees being recalled, as the case may be, have the necessary skillsskill, qualificationsability, experience, competence and ability qualifications to perform the duties available work. Notwithstanding the foregoing, the Company may lay off employees for periods of those jobs maintained.
a) In order up to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt as it deems appropriate in its sole discretion and without regard to the seniority of the employees. In the event any lay-off noticeunder this particular paragraph extends beyond five (5) working days, the seniority provisions of this Agreement shall immediately apply to all time worked after the five (5) work day period. It Any employee who is agreed between not properly recalled beyond the parties that failure five (5) worked day period will be made whole by the Company. This provision shall not be used to do so will mean that lay off employee(s) unless it is a result of an event which has a significant impact on the Educational Assistant accepts lay-off at the end Employer’s operation. This provision can only be applied when a department and or contract of the notice period.
16.03 Employees employers operation has been forced to cease for a period of not more than five (5) days, requiring those employees to be temporarily laid off. This provision shall not be used to lay off employee(s) without a curtailment of a portion of the Employer’s operation. An employee that is being displaced as a result of a reduction in the work force shall be recalled in order of required to fill any open position or any temporary positions that hasn’t been filled by a senior employee on the shift that they are currently working. If there are not open positions, then the employee may exercise their seniority provided on their own shift first starting from the lowest seniority employee on that the person recalled has shift providing they have the necessary skills, qualifications, skill and ability to perform that job. Should there be no junior employee on that shift the duties of the job.
16.04 New employees above procedure shall not be hired if there are employees repeated on lay-off with the necessary skills, qualifications, and ability another shift or elect to perform the work.
16.05 In the event of take a voluntary lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It is not Subject to qualified employees being available and subject to Article 6, layoffs shall be by seniority.
16.02 The Employer shall give prior notice to employees and the intent Union of these its intention to lay-off and recall procedures to apply employees. The notice period to the normal summer period. Howeveremployees affected, where knownand to the Union as well, recall dates of ten (10) month employees shall be indicated on in accordance with the Separation Certificate issued by Employment Standards Act, as amended or at least two (2) weeks.
16.03 Skill and qualifications to perform available work being relatively equal in the Employer.
16.02 In 's judgement, seniority shall prevail so that the event of lay-off, employee having the highest seniority shall be laid off last and recalled first. Probationary employees shall be laid off in reverse order of their seniority provided that those persons retained have the necessary skills, qualifications, and ability to perform the duties of those jobs maintainedfirst.
16.04 Any employee who is laid off shall:
a) In order to minimize accept the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement layoff; or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants displace an employee who are on lay-off or who are has lesser seniority provided the laid off at employee is qualified, skilled and certified as determined by the end of JuneEmployer, able and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability willing to perform the duties of the job.
16.04 New employees shall new position without training. If there is no position with an equal number of hours, the laid off employee may bump the most junior employee with a lesser number of hours, or a junior employee who has the next highest number of hours above the laid off employee's original schedule, provided the laid off employee does not move from part-time to full-time status. If an employee is permitted to bump, they must be hired if there are employees on lay-off with the necessary skillsqualified, qualifications, able and ability have skill to perform the worknew duties without further training. If the Employer feels that the employee is not suitable for the position, such employee shall be laid off and the employee who has been bumped will be recalled to the position.
16.05 In the event of lay-off, every employee affected Temporary and probationary employees shall be given four (4) weeks’ notice laid off before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereofseniority employees.
16.06 Grievances concerning lay-offs and recalls No new employees shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work hired until those laid off have been unilaterally reduced during given the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants opportunity or re-employment provided such laid off shall be placed on a recall listemployee has the requisite ability, with copy furnished to the Unionskill, qualifications and shall be called back to work as required beginning with the most senior Educational Assistant and descending from thereeducation or certification.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It is not 19.01 A layoff shall mean the intent temporary or permanent discontinuance of these lay-off and recall procedures an employee's position due to apply a lack of work or due to the normal summer perioddiscontinuation of a service or services. However, where knowninterruptions in work that coincide with the Christmas, recall dates Spring or Summer breaks shall not be considered a layoff for the purpose of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employerthis Article.
16.02 In 19.02 Notwithstanding the event provisions of lay19.01, an employee who normally works twenty-seven and one-half (27½) or more hours per week, and whose hours of work have been unilaterally reduced shall, at the employee's option, be deemed to have been laid off, employees .
19.03 Employees shall be laid off in reverse order of their seniority provided that those persons retained have the remaining employees possess the necessary skills, qualifications, competency and ability reliability to perform the work.
19.04 The Division shall give employees who are to be laid off written notice of the date of the layoff at least fourteen (14) calendar days prior to the date of the layoff, or in the absence thereof, shall pay the employee for the days on which she would otherwise have worked.
19.05 Employees who are laid off will be placed on a recall list for a maximum of fourteen (14) months, and shall be recalled to work as required beginning with the most senior employee, and descending from there, provided that the most senior employee has the qualifications, competence and reliability to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms required of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant position to be filled, but such determination shall not be made in the Division.
b) an arbitrary or discriminatory manner. Where there are Educational Assistants employees who are on lay-off layoff or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer Division will lay-lay off a sufficient number of the most junior Educational Assistants employees so as to enable the more senior Educational Assistants employees to be recalled in September. The Division will endeavor to provide employees who have been laid off and who are to be recalled with as much notice as possible.
c19.06 a) Educational Assistants who receive Where an employee has been moved to a lay-off notice must declare their intention to displace lower classification as a junior Educational Assistant within the first five (5) working days of receipt result of the lay-off notice. It layoff process, the employee shall, when a position becomes available in her former classification which she is agreed between the parties that failure able to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall perform, be recalled in order of their seniority provided that the person recalled has the necessary skills, qualificationsentitled to return to her former classification, and ability to perform in such cases, the duties of the job.
16.04 New employees Division shall not be hired if there are employees on lay-off with obliged to fill the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and higher rated position pursuant to the extent that such minimum notice is not givenjob posting provisions. In administering this clause, the Division will proceed on the basis that an employee shall receive pay who is employed in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall two different classifications will be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed entitled to have been laid off. An Educational Assistant accepting return to a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hoursthat provides equivalent or greater compensation that the combined position that she occupied prior to her movement to a lower classification.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALL. 16.01 It is not the intent (a) The layoff of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on in reverse order of seniority providing that employees remaining are qualified to perform the Separation Certificate issued by the Employer.
16.02 In the event of lay-off, available work. Probationary employees shall be laid off in reverse order of their seniority provided that those persons retained have the necessary skillsfirst. Full-time layoffs shall be separate from Part-time layoffs. Notwithstanding this provision, qualifications, when Full-time or Part-time employees choose to bump and ability to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are no employees with less seniority on laythe applicable Full-off time or who are laid off at Part-time list as the end of June, and there will not be sufficient positions in September for them all to be recalledcase may be, then the Employer lists will lay-off a sufficient number be merged for purposes of bumping. Consistent with the opportunity to bump, all employees who are potentially impacted will be given notice of layoff at the outset of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt process. The decision of the lay-off noticeemployee to choose to bump must be given to the Employer in writing within seven (7) calendar days following the notification of layoff. It is agreed between the parties that failure Employees failing to do so will mean that be deemed to have accepted the Educational Assistant accepts lay-off at the end of the notice periodlayoff.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled (b) An employee who has the necessary skillscompleted her or his probationary period, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she who is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls off shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding given notice in accordance with the provisions of Article 15.01, an Educational Assistant the Employment Standards Act.
(c) All regular part time and full time employees who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day are on layoff will be given primary consideration upon application the opportunity in the full time or part time categories before any new employee is hired into either category. No agency or new hires will be used when new positions become there is an employee on layoff provided that the employee(s) on layoff are qualified to perform the available having comparable hourswork.
16.08 All Educational Assistants laid off (d) Recall to a regular Part-time or Full-time position shall be placed on a in order of seniority. Notice of recall list, with copy furnished to the Union, will be sent by registered mail. An employee will respond within seven (7) calendar days and shall be called back to available for work as required beginning with the most senior Educational Assistant and descending from therewithin an additional fourteen (14) days unless otherwise agreed.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It is not the intent 8.1 The employer will give notice of these any intended lay-off thirty (30) calendar days before lay-off becomes effective, or alternately will pay any employee laid off thirty (30) calendar days’ salary in lieu of notice.
8.2 In the event the lay-off is due to emergency conditions the Employer shall give one (1) week notice or alternately will pay any employee laid off, one (1) week’s salary in lieu of notice.
8.3 If a reduction of the office staff is necessary, the Employer shall meet with the Union representatives and recall the following procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employer.adopted:
16.02 (a) In the event of bumping due to lay-off, or recall from lay-off, the Company will provide training in order that continuity of employment is maintained for senior employees. Such training should be for a period of five (5) days or further period as may be mutually agreed. If the employee’s inability to perform the job results in a lay-off, they will receive thirty (30) days of training.
(b) Employees who are displaced from their jobs as a result of such a bump-back procedure may themselves move back and replace employees shall be laid off having lesser seniority in reverse order of their seniority provided that those persons retained have any lower or equal classification providing such employee has the necessary skills, qualifications, and ability to perform the duties required work. Employees who have suffered one bump-back shall be given credit for full office wide seniority in the lower or equal classification for the purposes of those jobs maintainedany future moves.
a(c) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school yearThe Company, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace upon recalling, shall recall the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are senior employee laid off at the end of Juneoff, and there will not be sufficient positions in September for them all to be recalledproviding however, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled such employee has the necessary skills, qualifications, and ability to perform the required work for the position for which such employee is recalled. Under no circumstances shall the Company hire from the open market while employees on the recall list qualified to perform the duties of the jobvacant position are available.
16.04 New employees 8.4 An employee recalled and reinstated to the former position held shall not be hired if there are employees on lay-off with receive the necessary skills, qualifications, and ability to perform the workcurrent rate of pay for such former position.
16.05 In the event 8.5 Any notice of lay-off, every recall to any employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have has been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished made by registered mail to the Union, last address recorded with the Company. An employee shall keep the Company informed of address and any changes thereto. The employee shall be called back notified of return to work as at least fourteen (14) days before she is required beginning with the most senior Educational Assistant to report for work. Employees will be required to acknowledge receipt of such notice and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain report for work on the recall list date specified, unless other arrangements have been made in excess of twelve (12) school months following the month in which the layoff occurredwriting.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALL. 16.01 It is not 18.1 Whenever it becomes necessary to decrease the intent of these lay-off and recall procedures to apply to the normal summer period. Howeverworkforce, where known, recall dates of ten (10) month employees shall an employee will be indicated on the Separation Certificate issued by the Employer.
16.02 In the event of lay-off, employees shall be laid off displaced from his/her classification in reverse order of their seniority provided regardless of shift. The displaced employee may bump an employee with less seniority, first within the department, and then plant-wide providing that those persons retained have s/he has the necessary skills, qualifications, skill and ability to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace required work. It is understood that the most junior permanent Educational Assistant in employee within the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at classification is the end of June, and there will not be sufficient positions in September for them all first to be recalled, then the Employer bumped. Laid off employees will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled work in order of their seniority provided that they have the person recalled has the necessary skills, qualifications, skill and ability to perform the duties of the required work. An employee may refuse recall should they be recalled to a position other than their original job.
16.04 New 18.2 It shall be the duty of each employee to notify the Company promptly in writing of any change in address. Notice required of the Company shall be deemed to be given if forwarded to the employee at the last address of which the Company had notice.
18.3 Temporary Lack of Work (of less than 4 hours.) When the operation experiences a temporary lack of work (of less than 4 hours), for the employees shall “doing” the work and immediately effected, Article 18.1 will not be hired apply (with the sole exception being if a more junior employee in the same classification or lower is working on a production line/process immediately adjacent to the one that is experiencing the temporary lack of work.) If there are any temporary or part-time employees on layworking plant-off with wide, the necessary skills, qualifications, most senior employees that are being immediately effected (and who has the skill and ability to perform do the work.
16.05 ) may displace these temporary or part-time employees plant-wide. In the event the temporary lack of laywork lasts the rest of that working day then the effected employees may elect to exercise their plant-offwide seniority as described in Article 18.1.
18.4 An employee who has been bumped from the classification of Molding Inspector Packer into a Filling Operator Helper position or vice versa, every employee affected shall be given four (4) weeks’ notice before upon recall may elect to return to his/her classification or to remain in the date on classification to which he or she bumped and is to be laid off, and to the extent that such minimum notice is not given, still working in. Should the employee make this election, this classification shall receive pay become his/her new classification. Employees must inform their supervisor in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II writing within two hours of being notified of their recall or two hours of the grievance procedure.
16.07 Notwithstanding start of their shift, if they wish to remain in the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work classification they have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, bumped. Employees will be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than notified of their normal working day will recall/layoff when the assignment list is posted by the company, which shall be given primary consideration upon application when new positions become available having comparable hours12:30pm.
16.08 All Educational Assistants 18.5 When an employee is laid off for more than five days, A record of Employment shall be placed on a recall list, with copy furnished mailed to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain employee within seven working days or on the recall list in excess of twelve (12) school months following the month in which the layoff occurrednext scheduled payroll, whichever is sooner.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALL. 16.01 It 17.01 Subject to qualified employees being available, layoffs shall be by seniority.
17.02 For layoffs of a short-term nature, the Employer agrees to give as much advance notice of layoffs and recalls as is not reasonably possible.
17.03 For long-term layoffs, the intent Employer shall give prior notice to employees and the Union of these lay-off and recall procedures its intention to apply layoff employees. The notice period to the normal summer period. Howeveremployees affected, where knownand to the Union as well, recall dates of ten (10) month employees shall be indicated on in accordance with the Separation Certificate issued by Employment Standards Act, as amended.
17.04 In case of layoffs, the Employer will recognize the seniority standings of each employee as the continued performance of the work permits. Skill and qualifications to perform available work being relatively equal in the Employer.
16.02 In ’s judgement, seniority shall prevail so that the event of lay-off, employee having the highest seniority shall be laid off last and recalled first. Probationary employees shall be laid off in reverse order of their first. Any employee who is laid off shall:
a. accept the layoff; or
b. displace an employee who has lesser seniority with equal hours to what was regularly scheduled provided that those persons retained have the necessary skills, qualifications, laid off employee is able and ability willing to perform the duties of those jobs maintainedthe new position without training. If there is no position with an equal number of hours, the laid off employee may bump any junior employee with a lesser number of hours, or a junior employee who has the next highest number of hours above the laid off employee’s original schedule, provided the laid off employee does not move from part- time to full-time status. If an employee is permitted to bump, she shall be placed on a trial period in the new position for a period of four hundred and twenty-five (425) hours. If during the trial period the Employer feels that the employee is not suitable for the position, such employee shall be laid off and the employee who has been bumped will be recalled to the position.
a17.05 If an employee or the Union wishes to file a grievance about a layoff, this shall be done within three (3) In order to minimize working days after the potentially disruptive nature of an Educational Assistant lay-off during layoff becomes effective and after the school year, an Educational Assistant who bumping process has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Divisiontaken place.
b17.06 An employee who is recalled to work after a layoff must return to work within three (3) Where there are Educational Assistants who are on lay-off or who are laid off at the end of Juneworking days if unemployed, and there will not be sufficient positions in September for them all to be recalled, then within seven (7) working days if employed elsewhere. An employee employed elsewhere shall notify the Employer will lay-off a sufficient number of the most junior Educational Assistants so as her intent to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant return within the first five two (52) working days of receipt of the lay-off noticenotice of recall. It is agreed between shall be sufficient for the parties that failure Employer to do so will mean that send notice of recall to the Educational Assistant accepts lay-off at employee by registered mail to the end of the notice periodemployee's last known address.
16.03 17.07 Employees shall be recalled to work in the reverse order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on in which she is to be they were laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It Section 1. If a reduction of staff is not necessary due to restructuring or economic reasons, the intent Employer may meet the Union prior to or after the layoff to explain it and to discuss layoff alternatives. Absent agreement on an alternative, the layoff procedures shall be as follows:
Section 2. The operational needs of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month Company shall prevail in all cases in determining which employees shall be indicated on the Separation Certificate issued by the Employer.
16.02 In the event of laylaid-off. Where in the sole discretion of the Company, its operational needs do not require otherwise, and job performance is relatively equal, departmental seniority shall prevail in determining which employees shall be laid off off. An employee whose job is affected by a reduction in reverse order of their seniority provided that those persons retained staff shall have the necessary skills, qualifications, and ability to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention right to displace a junior Educational Assistant within less senior employee in the first five (5) working days same or lower labor grade whose job he/she is qualified to perform. Employees who are displaced by the affected employee shall in turn have the right to displace a less senior employee in the same or lower labor grade whose job they are qualified to perform. This procedure shall continue until the number of receipt reductions sought is completed. An employee who accepts a new position as a as a result of the laybumping procedure shall be paid the highest pay rate for the position into which the employee bumps. Seniority shall be on an Institute-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice periodwide basis.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every Section 3. Any employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess for a period of twelve (12) school months following months.
Section 4. Provided that there is no need for the month skills of another employee on the recall list, recalls shall be made in inverse order of the order in which employees were added to the layoff occurredrecall list (i.e., last in, first out.)
Section 5. An employee recalled and reinstated to their former position held shall receive his/her former rate of pay in addition to any wage increases which were applied to his/her job classification during the period he/she was on the recall list.
Section 6. Any notice of re-employment to any employee who has been laid off shall be made by certified mail to the last known address of such laid off employee. The employee must respond in five (5) business days.
Appears in 1 contract
Samples: Collective Bargaining Agreement (Evci Career Colleges Inc)
LAYOFFS AND RECALL. 16.01 It is not For purposes of layoff, entitlement to remaining jobs shall be based upon the intent following: average number of these lay-units by cell, job efficiency in a batch process, and attendance; but when the foregoing factors are relatively equal as between two or more employees, seniority shall govern. Layoffs in a department shall be governed by the foregoing factors utilizing departmental seniority and any employees laid off shall be entitled to exercise the rights set forth in this Section 5. Reference Attachment A (Batch Process ) and recall procedures Attachment B (Cell Production). If a reduction of force within a department shall necessitate the layoff of an employee with two (2) or more continuous years of employment with the Company, such an employee may utilize that seniority to apply replace any other employee in any other department who has been continuously employed by the Company for a lesser period, provided the former has the ability to perform the new job. The employee so replaced, if the employee has two (2) years or more continuous employment with the Company, shall have a similar right to replace any employee in any department who has less continuous employment service with the Company, provided the former maintains the same level of efficiency as the employee they have displaced according to the normal summer periodfollowing schedule: 50% of level after 5 work days, 75% level after 10 work days and 100% level after 15 work days. HoweverThis procedure will be followed until an employee is replaced who has less than two (2) years of continuous service with the Company and in that event, where known, recall dates of ten (10) month employees such employee shall be indicated laid off. An employee who replaces another under this procedure and thereby enters a new department shall be placed on the Separation Certificate issued by bottom of the Employer.
16.02 seniority list in such new department, but such employee shall have first right to return to his old job if and when the employee’s old job is reactivated. If at that time an employee elects not to return to the employee’s old job when it again becomes available, the employee shall lose all seniority in the employee’s old department and the employee’s seniority in the employee’s new department shall date from the time of the employee’s election not to return to the old department. In the event of laythe disestablishment of an entire department and the ceasing of operations of that department, employees within that department shall be advised whether or not the department is likely to reopen in the foreseeable future. If it is not likely that the department will be re-established within the foreseeable future, employees with two (2) or more years of continuous service with the Company may then elect to accept permanent transfers to any other department into which they may transfer pursuant to the foregoing procedure and in that event their seniority in such new department shall date from the time of the transfer. An employee may, however, elect not to exercise the employee’s seniority by replacing an employee with less continuous service and shall have the option of accepting voluntary layoff subject to recall in line with the employee’s departmental seniority to the job the employee held at the time of the layoff. In the event that work becomes available in a department in which an employee has been laid off, employees the Company may temporarily transfer someone from another department to do the work in preference to recalling the laid off employee unless the work shall amount to more sixteen (16) hours per week for a two (2) week consecutive period. It is agreed that this provision shall not operate to give regular and continued work to an employee who otherwise would be on layoff. Two (2) days’ notice shall be given to any employee to be laid off for a week or more. Failing to give two (2) days’ notice where applicable, the Company shall give the employee two (2) days’ pay in reverse order lieu thereof, provided, however that the foregoing requirement for notice and pay in lieu thereof shall not be applicable to layoffs caused by acts of their seniority provided nature, or power failures that those persons retained have the necessary skills, qualifications, and ability are not due to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms negligence of the Collective Agreement or;
iiCompany. The Company may reduce hours for a period of four (4) Displace the most junior permanent Educational Assistant weeks if it becomes necessary to curtail production due to a reduction in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off business. If at the end of Junethe time business conditions still warrant, and there will not be sufficient positions in September for them all the Company agrees to be recalledconsult with the Union as to the advisability of continuing at less than forty (40) hours per week, then the Employer will lay-or instead, laying off a sufficient number of the most junior Educational Assistants employees so as to enable permit a return to a 40-hour week. A reduction in working hours as aforesaid shall not prevent the more senior Educational Assistants Company from also laying off such number of employees as it deems necessary to meet business conditions. For purposes of layoff only, members of the Union Shop Committee shall be considered to be recalled at the top of their respective departmental seniority lists. Accordingly, in September.
c) Educational Assistants who receive case of a lay-off notice must declare their intention to displace closedown of an entire department and a junior Educational Assistant within the first five (5) working days of receipt discontinuance of the lay-off notice. It is agreed between operations of that department, Union Shop Committee members may exercise their rights to replace employees in other departments with less continuous service, provided the parties that failure to do so will mean that Committee man possesses the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, job and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four has two (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½2) or more hours per week, and whose hours years of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning continuous service with the most senior Educational Assistant and descending from thereCompany.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
LAYOFFS AND RECALL. 16.01 It is not 12.01 When reducing the intent of these lay-off and recall procedures to apply to workforce, the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on employee having the Separation Certificate issued by least seniority in the Employer.
16.02 In the event of lay-off, employees shall affected classification will be laid off first provided that, if there is an employee with less seniority in a lower paid classification, the senior employee may, at his or her option, bump the most junior employee in the lower paid classification if the senior employee will be able to perform the job in a competent manner after a familiarization period of 5 working days. If a senior employee bumps a junior employee but, in fact, cannot perform the job in a competent manner after the 5 working day familiarization period, the senior employee will be immediately laid off and the junior employee recalled. Recalls to work following the lay off will be by classification and will be in the reverse order of their seniority provided the lay off for that those persons retained have classification, subject to the necessary skills, qualifications, and employee who is recalled having the ability to perform the duties job in a competent manner. No employee will be entitled to bump up or be promoted on a lay off. On bumping into a new classification on a lay off, an employee will be paid the full-time or part-time rate, as the case may be, of those jobs maintainedthe new classification.
a) In order to minimize 12.02 It is understood that, before full-time employees are laid off, probationary employees will be terminated and part-time employees will be laid off, whereupon full-time employees may become part-time employees, as the potentially disruptive nature needs of the business require.
12.03 When recalling an Educational Assistant lay-off during employee from lay off, the school yearemployee will be notified by telephone or registered mail. If an employee is recalled and cannot be reached immediately by telephone or is not immediately available for work, an Educational Assistant the next most senior employee who has received a lay-off notice during the school year can be reached immediately by telephone and who is immediately available for work may elect to:
i) Accept the lay-off and be recalled under and will be temporarily employed until the senior employee reports within the 7 calendar day period outlined in Section 11.04(c). It will be the employee's responsibility to keep the Company notified as to any change of address or telephone number so that the Company records will be up to date at all times.
12.04 When an employee is laid off, all benefits will cease immediately, however, when recalled from layoff, all benefits will commence immediately, with the exception of short-term disability, which will conform with the Employment Insurance Act's waiting periods and the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Divisionshort- term disability plan.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It is not (A) Layoff shall mean the intent separation of these lay-off and recall procedures employees from the active workforce due to apply lack of work or funds or to abolition of positions because of changes in organization or any other reason within the normal summer period. However, where known, recall dates discretionary powers of ten the COB.
(10B) month employees Order of layoff: Layoff shall be indicated on accomplished, in the Separation Certificate issued by the Employer.position(s) being eliminated, according to unit seniority. Xxxxxx shall be accomplished in each position as follows:
16.02 In the event of lay(1) Seasonal, temporary, and part-off, time employees shall be laid off first, then
(2) Probationary employees, then
(3) Regular full-time employees according to seniority.
(1) In the event of layoffs, COB shall notify the Union and the employees to be laid off with as much notice as possible and no less than two (2) weeks in reverse order advance of their the date on which the layoffs are to take effect.
(2) An employee notified of his/her layoff may within five (5) days of such notification request another position in lieu of layoff. If there exists within the employee's seniority provided that those persons retained have unit a job classification other than the necessary one the employee presently holds having duties for which the employee has the knowledge, skills, qualificationsabilities, and ability required certifications to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school yearwork, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where which there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalledother employees with less seniority, then the Employer will lay-affected employee shall be entitled to employment in that classification. The employee displaced and laid off a sufficient number of in that classification shall be the most junior Educational Assistants so as to enable one with the more senior Educational Assistants to be recalled in Septemberleast seniority.
c(3) Educational Assistants who receive a lay-off notice must declare Employees displaced after completion of all voluntary movement within their intention seniority unit shall be entitled to displace a junior Educational Assistant employment in other seniority units under the following conditions:
(a) Such displaced employees shall notify COB within the first five (5) working days of receipt completion of voluntary demotions within their seniority unit that they desire to proceed under this section (Article 14(C)(3)). Those employees who fail to exercise their right to bump will be laid off.
(b) COB shall then prepare a list of the layemployees in descending order of seniority throughout the collective bargaining unit.
(c) The displaced employee, after identifying their location on the list, may bump an employee below them on the list (with less seniority) in a position for which the employee has the knowledge, skills, abilities, and required certifications.
(d) Their unit seniority in the new work unit will begin on the start date of their employment in that unit.
(4) COB will attempt, where consistent with efficient operations, to place laid-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice periodemployees in vacant positions covered by this Agreement.
16.03 Employees (D) Recall shall be recalled in order of their seniority accomplished according to COB-wide seniority, provided that the person recalled most senior employee has the necessary knowledge, skills, qualificationsabilities, and ability certifications required to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is position to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereoffilled.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Work Agreement
LAYOFFS AND RECALL. 16.01 It is not the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employer.
16.02 11.1: In the event of lay-offa layoff or recall, employees shall be laid off or recalled according to seniority in reverse order of their seniority provided that those persons retained have classification as defined in this Article. The following procedures will be followed:
A. Temporary employees in the necessary skillsaffected job classification will be laid off first, qualifications, and ability to providing the remaining employees can perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the available work.
16.05 B. Probationary employees within the affected classification will be laid off first, providing the remaining seniority employees can perform the available work.
C. Thereafter, seniority employees within the affected classification will be laid off according to classification seniority, providing the remaining employees in the classification can perform the available work. Laid off employees will have the option to work the remaining available shifts prior to a part-time employee being offered the work. He will be compensated at his regular rate of pay. Seniority shall not accrue.
D. When a seniority employee is removed from a classification as a result of a layoff, he may be allowed to bump the least-senior employee in the next lowest-paying classification in the bargaining unit in accordance with his City seniority, providing he can perform the available work and the remaining employees within the lower classification can perform the available work.
E. When a seniority employee is removed from a classification as a result of being bumped by a more-senior employee in accordance with Paragraph 4, he may be allowed to bump the least-senior employee in the lowest-paying classification in the bargaining unit in accordance with his City seniority, providing he can perform the available work and the remaining employees with the lowest classification within his department can perform the available work.
F. In the event of laythe layoff under Section 11.1(C) occurs in the lowest-offpaying classification within a department, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven Paragraphs 4 and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day 5 will be given primary consideration upon application when new positions become available having comparable hoursnot apply.
16.08 All Educational Assistants laid off shall be placed on a recall list11.2: For purposes of this Article, with copy furnished to the Union, and shall be called back to work as required beginning with term "Classification Seniority" means the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain date appearing on the recall list City's records on which an employee began working in excess of twelve (12) school months following a given classification. The term "City Seniority" means the month employee's seniority as defined in which the layoff occurred.Article X.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALL. 16.01 It is not the intent (a) The layoff of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on in reverse order of seniority providing that employees remaining are qualified to perform the Separation Certificate issued by the Employer.
16.02 In the event of lay-off, available work. Probationary employees shall be laid off in reverse order of their seniority provided that those persons retained have the necessary skillsfirst. Full-time layoffs shall be separate from Part-time layoffs. Notwithstanding this provision, qualifications, when Full-time or Part-time employees choose to bump and ability to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are no employees with less seniority on laythe applicable Full-off time or who are laid off at Part- time list as the end of June, and there will not be sufficient positions in September for them all to be recalledcase may be, then the Employer lists will lay-off a sufficient number be merged for purposes of bumping. Consistent with the opportunity to bump, all employees who are potentially impacted will be given notice of layoff at the outset of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt process. The decision of the lay-off noticeemployee to choose to bump must be given to the Employer in writing within seven (7) calendar days following the notification of layoff. It is agreed between the parties that failure Employees failing to do so will mean that be deemed to have accepted the Educational Assistant accepts lay-off at the end of the notice periodlayoff.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled (b) An employee who has the necessary skillscompleted her or his probationary period, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she who is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls off shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding given notice in accordance with the provisions of Article 15.01, an Educational Assistant the Employment Standards Act.
(c) All regular part time and full time employees who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day are on layoff will be given primary consideration upon application the opportunity in the full time or part time categories before any new employee is hired into either category. No agency or new hires will be used when new positions become there is an employee on layoff provided that the employee(s) on layoff are qualified to perform the available having comparable hourswork.
16.08 All Educational Assistants laid off (d) Recall to a regular Part-time or Full-time position shall be placed on a in order of seniority. Notice of recall list, with copy furnished to the Union, will be sent by registered mail. An employee will respond within seven (7) calendar days and shall be called back to available for work as required beginning with the most senior Educational Assistant and descending from therewithin an additional fourteen (14) days unless otherwise agreed.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It is not a) Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the intent control of these lay-the Employer, the Employer shall notify employees who are to be laid off and recall procedures to apply at least ten (l0) working days prior to the normal summer periodeffective date of layoff. However, where known, recall dates of If the employee has not had the opportunity to work during the ten (10l0) month employees days referred to above, he shall be indicated on the Separation Certificate issued by the Employerpaid for those days for which work was not made available. The aforementioned ten (l0) days notice shall be limited to those Regular Fulltime, Regular Parttime, and Auxiliary employees who acquired seniority rights in either a regular seniority pool or auxiliary seniority pool.
16.02 b) In the event of lay-offa layoff, employees shall be laid off in the reverse order of their bargaining unit-wide seniority provided that those persons retained have an employee may bump a junior employee only in cases where the necessary skills, qualifications, and ability senior employee is qualified to perform fill the duties of those jobs maintainedlower paid position.
ac) In Employees shall be recalled to positions for which they are qualified, in the order to minimize the potentially disruptive nature of an Educational Assistant laytheir bargaining unit-wide seniority.
d) No new employees shall be hired following a layoff until those employees who were laid off during the school year, an Educational Assistant who has received have been given a lay-off notice during the school year may elect toreasonable opportunity of recall as follows:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of shall make every reasonable attempt to contact the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled employees in order of their seniority in the Bargaining Unit and the employees shall be recalled by the Employer in such order provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties they respond within forty-eight (48) hours of the job.initial attempt of the Employer to contact them;
16.04 New employees ii) upon making contact with an employee, the Employer shall specify the time when the employee shall report for work;
iii) an employee who does not be hired if there are employees on layrespond within forty-off with eight hours of the necessary skillsinitial attempt of the Employer to contact him, qualifications, and ability or who refuses to perform the work.
16.05 In the event of lay-off, every employee affected report for work shall be given four placed at the bottom of the list of employees eligible for recall under this Article notwithstanding his seniority in the Bargaining Unit;
iv) an employee notified to return to work shall report at the time and place specified by the Employer or, in extenuating circumstances, within fourteen (4l4) weeks’ notice before calendar days from the date on which she is of the initial attempt of the Employer to contact him;
v) it shall be the responsibility of all employees who have been laid off and wish to be laid offrecalled by the Employer to keep the Employer informed of their respective current addresses and telephone numbers;
vi) Where, due to a layoff, a Fulltime employee has had his/her hours of work reduced and to the extent that such minimum notice is not givenhis/her employment status changed, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs may, at his/her option, continue to contribute to the Municipal Pension Plan. Contributions made by the employer and recalls the employee shall be initiated at Step II made, on the basis of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more new hours per weekworked, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished are subject to the Union, and shall be called back to work as required beginning with requirements of the most senior Educational Assistant and descending from therePublic Sector Pension Plans Act.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It is not the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10a) month employees A layoff shall be indicated on defined as a reduction in the Separation Certificate issued by workforce or a reduction in the Employerhours of work or the elimination of an encumbered position.
16.02 (b) In the event of a lay-off, employees lay-offs shall be laid off by department in the following order:
i. probationary employees;
ii. permanent employees, in the reverse order of departmental seniority, provided that the person(s) to be retained hold(s) the necessary qualifications for the position(s). Recall shall take place in reverse order of their seniority provided that those persons retained have the necessary skills, qualifications, foregoing for permanent and ability to perform the duties of those jobs maintainedprobationary employees.
10:02 If circumstances arise which may warrant the permanent layoff of employees covered by this Agreement, an employee shall receive a minimum notice of layoff or pay in lieu thereof as follows:
(a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off two (2) week notice during the school year may elect to:
ifor less than (4) Accept the lay-off and be recalled under the terms of the Collective Agreement oryears seniority;
ii(b) Displace the most junior permanent Educational Assistant in the Divisionfour (4) weeks notice for four (4) years but less than eight (8) years seniority;
(c) eight (8) weeks notice for eight (8) years or more seniority.
b) Where there are Educational Assistants 10:03 No new employee will be hired until a person who are is on lay-off or has been given an opportunity for recall, provided such person has the skill, ability and qualifications to do the work in question.
10:04 If an employee with seniority who are is to be laid off at wishes to seek employment in another position under the end of JuneEmployer’s jurisdiction rather than be laid off, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New such employees shall not be hired if there are employees on lay-off with forthwith send notice in writing to the necessary skillsManager of Human Resources and the latter shall, qualificationswithout abrogating other bargaining units’ rights, and ability use his/her best efforts to perform place the work.
16.05 In employee in another position during the event period of such lay-off, every provided the employee affected has the skill, ability and qualifications to perform any work which is available. Article 11 shall not apply.
10:05 Notwithstanding any other provision in this collective agreement, the President and Vice-President of the Union shall be given four (4) weeks’ notice before the date on which she is last to be laid offoff work in a department provided they have the skill, ability and qualifications to perform the extent that such minimum notice work which is not given, the employee shall receive pay in lieu thereofavailable.
16.06 Grievances concerning lay-offs and recalls 10:06 Severance pay, where applicable, shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning in accordance with the most senior Educational Assistant and descending from thereEmployment Standards Act.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALL. 16.01 It is not the intent (a) The layoff of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on in reverse order of seniority providing that employees remaining are qualified to perform the Separation Certificate issued by the Employer.
16.02 In the event of lay-off, available work. Probationary employees shall be laid off first. Full-time layoffs shall be separate from Part-time layoffs. Notwithstanding this provision, when Full-time or Part-time employees choose to bump and there are no employees with less seniority on the applicable Full-time or Part- time list as the case may be, then the lists will be merged for purposes of bumping. Consistent with the opportunity to bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process. The decision of the employee to choose to bump must be given to the Employer in reverse order writing within seven (7) calendar days following the notification of their seniority provided that those persons retained layoff. Employees failing to do so will be deemed to have accepted the necessary skills, qualifications, and ability to perform the duties of those jobs maintainedlayoff.
a(b) An employee who has completed her or his probationary period, who is to be laid off shall be given notice in accordance with the provisions of the Employment Standards Act.
(c) In order to minimize the potentially disruptive nature event of an Educational Assistant lay-off during a proposed layoff, the school year, an Educational Assistant who has received a lay-off notice during the school year may elect toEmployer will:
i) Accept Provide the lay-off and be recalled under Union with at least thirty (30) calendar days notice prior to the terms effective date of the Collective Agreement orlayoff;
ii) Displace The Home and Union will meet and discuss the most junior permanent Educational Assistant in layoffs at the Divisionearliest opportunity. This discussion will include the service which the Home will undertake after the layoff.
b(d) Where there are Educational Assistants All regular part time and full time employees who are on lay-off layoff will be given the opportunity in the full time or who part time categories before any new employee is hired into either category. No agency or new hires will be used when there is an employee on layoff provided that the employee(s) on layoff are laid off at qualified to perform the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in Septemberavailable work.
c(e) Educational Assistants who receive Recall to a layregular Part-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the laytime or Full-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees time position shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties seniority. Notice of the job.
16.04 New employees shall not recall will be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid offsent by registered mail. An Educational Assistant accepting a position having fewer hours than their normal working day employee will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, respond within seven (7) calendar days and shall be called back to available for work as required beginning with the most senior Educational Assistant and descending from therewithin an additional fourteen (14) days unless otherwise agreed.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It 21.01 The parties acknowledge a common goal and intent of providing employment and income security to employees. As such, it is not the intent of these lay-off and recall procedures the parties to apply avoid displacement of employees. The parties agree to make use of attrition, business growth, job retraining, and/or mutually agreed upon mechanisms to accomplish this goal. The Employer will make every effort to avoid reductions in force, reductions in hours, and/or job elimination. If, after exercising every effort to avoid layoff, it is necessary to conduct a layoff then such layoff shall be undertaken as set forth below.
21.02 A layoff shall be defined as a cessation of employment or the normal summer periodelimination of a job resulting from a reduction of the amount of work required to be done by the Employer. A reduction of hours shall not be considered to be a layoff. However, where knowna reduction in hours that exceeds twenty-five (25%) of an employee’s scheduled hours may, recall dates of ten (10) month employees shall be indicated on at the Separation Certificate issued by the Employeremployee’s option, trigger bumping rights as per Article 21.04.
16.02 21.03 In the event of lay-offa layoff, employees shall be laid off by job category in reverse order of their seniority provided that those persons retained within a Department. Employees subject to layoff and who have the necessary skills, qualifications, and ability to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their acquired seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four written notice of layoff as follows:
(i) One (1) week notice after (3) three continuous months of employment;
(ii) Four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum after twelve (12) continuous months of employment;
(iii) Five (5) weeks’ notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half after five (27 ½5) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list years continuous employment plus one (1) additional week notice for each additional two (2) years in excess of five (5) years of employment to a maximum of twelve (12) school months following weeks’ notice. The Employer may substitute the month equivalent pay in which lieu of notice and a copy of the notice of layoff occurredshall be forwarded to the Union.
21.04 A laid off employee may bump a junior employee in any Department, provided the laid off employee has more seniority and is willing and qualified and has the ability to do the job of the less senior employee. However, in no circumstances will an employee affect a promotion through a bump.
21.05 Employees on layoff shall be recalled by Department in order of seniority, subject to their willingness, qualifications and ability to do the work available. It shall be sufficient for the
21.06 The Employer is not required to give notice to an employee who is terminated for cause; hired for a project or temporary position; or in cases where an employee is offered and refuses alternative employment.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It is not (A) Layoff shall mean the intent separation of these lay-off and recall procedures employees from the active work force due to apply lack of work or funds or to abolition of positions because of changes in organization or any other reason within the normal summer period. However, where known, recall dates discretionary powers of ten the COB.
(10B) month employees Order of layoff: Layoff shall be indicated on accomplished, in the Separation Certificate issued by the Employer.position(s) being eliminated, according to unit seniority. Xxxxxx shall be accomplished in each position as follows:
16.02 In the event of lay(1) Seasonal, temporary, and part-off, time employees shall be laid off first, then
(2) Probationary employees, then
(3) Regular full-time employees according to seniority.
(1) In the event of layoffs, COB shall notify the Union and the employees to be laid off with as much notice as possible and no less than two (2) weeks in reverse order advance of their the date on which the layoffs are to take effect.
(2) An employee notified of his/her layoff may within five (5) days of such notification request another position in lieu of layoff. If there exists within the employee's seniority provided that those persons retained have unit a job classification other than the necessary one the employee presently holds having duties for which the employee has the knowledge, skills, qualificationsabilities, and ability required certifications to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school yearwork, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where which there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalledother employees with less seniority, then the Employer will lay-affected employee shall be entitled to employment in that classification. The employee displaced and laid off a sufficient number of in that classification shall be the most junior Educational Assistants so as to enable one with the more senior Educational Assistants to be recalled in Septemberleast seniority.
c(3) Educational Assistants who receive a lay-off notice must declare Employees displaced after completion of all voluntary movement within their intention seniority unit shall be entitled to displace a junior Educational Assistant employment in other seniority units under the following conditions:
(a) Such displaced employees shall notify COB within the first five (5) working days of receipt completion of voluntary demotions within their seniority unit that they desire to proceed under this section (Article 14(C)(3)). Those employees who fail to exercise their right to bump will be laid off.
(b) COB shall then prepare a list of the layemployees in descending order of seniority throughout the collective bargaining unit.
(c) The displaced employee, after identifying their location on the list, may bump an employee below them on the list (with less seniority) in a position for which the employee has the knowledge, skills, abilities, and required certifications.
(d) Their unit seniority in the new work unit will begin on the start date of their employment in that unit.
(4) COB will attempt, where consistent with efficient operations, to place laid-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice periodemployees in vacant positions covered by this Agreement.
16.03 Employees (D) Recall shall be recalled in order of their seniority accomplished according to COB-wide seniority, provided that the person recalled most senior employee has the necessary knowledge, skills, qualificationsabilities, and ability certifications required to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is position to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereoffilled.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Work Agreement
LAYOFFS AND RECALL. 16.01 It is not Where layoffs (except seasonal or term layoffs) occur in the intent of these lay-off Bargaining Unit, employees in the Bargaining Unit shall have the rights and recall procedures protections provided under the Civil Service Act and Regulations. In addition to the protections and rights under Article above reverse seniority shall apply to layoffs, that is employees with less seniority (in the normal summer period. However, where known, recall dates of ten (10same classification or lower classification) month employees shall be indicated on the Separation Certificate issued by the Employer.
16.02 In the event of lay-off, employees shall be laid off before employees with greater seniority in reverse order of their that same classification or a higher classification, by Department and by classification, provided the employee with greater seniority provided that those persons retained have willing to move to the necessary skills, qualifications, lower classification position and ability to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability qualified to perform the duties of the job.
16.04 New lower classified position. Notwithstanding Article hereof, where layoffs occur in the Bargaining Unit, casual, temporary and probationary employees shall not be hired if there are laid off first, in that order. Where it is determined by the Employer to be in the best interest of efficient operation to cancel an established position or project that has been in existence for one year or for longer period prior to the effective date of this Agreement, the Employer will make every reasonable effort to give any regular employees on lay-off with the necessary skills, qualifications, and ability to perform the work.affected:
16.05 In the event of lay-off, every employee affected shall be given (a) a four (4) weeks’ month prior notice before of layoff; and reassignment, where possible, within the date on same District, Region, Branch or Department. alternate employment where possible within the public service a comparable level of responsibility and salary. When employees are reassigned as a result of action under Article the employees shall be reassigned in order of seniority within classifications by Department, provided these employees have the necessary qualifications to perform the duties of the position to which she they are reassigned. Subject to the provisions of the Civil Service Act, laid off employees shall be recalled for available work in order of seniority. Where a seasonal employee is to be laid off, and to the extent that such minimum notice is not givenplaced on inactive status, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II given not less than twenty (20) working days notice of the grievance procedure.
16.07 Notwithstanding such placement. Subject to the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work the Civil Act no new person shall be hired in the bargaining unit until laid off employees have been unilaterally reduced during given the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hoursopportunity of recall.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 16.01 It is not the intent A. LAYOFFS
1. Notification of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees intended layoffs shall be indicated on given as far in advance as possible.
2. A teacher shall have the Separation Certificate issued right to an explanation for the reasons of layoff by the EmployerSuperintendent or the Superintendent’s designee. The personnel file of a teacher laid off for economic reasons (including decrease in enrollment) shall indicate that such was the reason for layoff.
16.02 3. In the event the Board finds it necessary to reduce the number of layteachers in the District, non- tenured teachers will be laid off first. For both tenured and non-offtenured teachers, employees evaluations and seniority shall determine the order of layoff and recall in the certification within which hired. The teacher will be provided with all the information that forms the basis for the layoff. This article shall not be used as a method of terminating an employee’s employment for any reason other than declining enrollment, district budget reductions or elimination of a program.
4. Seniority for the purpose of layoffs and recall shall be limited to the grade level of the teacher’s Dover experience. Elementary teachers shall be limited to elementary layoffs and recall. Secondary teachers shall be limited to the secondary assignments for layoff and recall purposes.
5. All specialists shall be laid off within their specialty area. Specialists as defined in reverse order this section shall mean:
6. For purposes of their layoff, when seniority provided that those persons retained have the necessary skillsis equal, qualifications, and ability to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and shall be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Divisiondetermined by lottery.
b) Where there are Educational Assistants B. RECALL
1. Teachers who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on recalled as needed and to a recall list, with copy furnished to the Unionposition for which they are certified, and in a certification in which they worked during the previous six (6) years, based on their total years of teaching service in Dover for a period of two years from the date of layoff.
2. No new appointments shall be called back to work as required beginning with the most senior Educational Assistant and descending from theremade while these teachers are available in these specific vacancies.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALL. 16.01 It A) In the event the District, in its discretion, determines that a layoff is not necessary the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month affected employees shall be indicated on notified at least thirty (30) days prior to the Separation Certificate issued by effective date of the Employer.
16.02 layoff. In the event of lay-offschool closure due to lack of funds, employees however, the notice shall be laid as soon as practicable. The District will then lay off in reverse order of their seniority provided that those persons retained have members using the necessary skillsfollowing criteria:
B) Procedure for Layoff
1) Prior to initiating a layoff, qualifications, and ability to perform the duties of those jobs maintained.District shall first:
a) In order Determine the positions and curricular program to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.reduced or eliminated
b) Where there Make every reasonable effort to transfer teachers of courses scheduled for discontinuation to other teaching positions for which they are Educational Assistants who are on lay-off or who are laid off at the end of June, currently licensed and there will not be sufficient qualified
c) Combine teaching positions in September a manner which allows teachers to remain qualified so long as the combined positions meet the curriculum needs of the District and the competence consideration specified in subsection (3) of this section
d) Terminate the employment of all temporary teachers
e) Layoff all probationary teachers unless no other non-probationary teacher is licensed and available to teach
2) If a layoff is necessary, the District shall use the following procedure for them all filling the remaining positions:
a) Determine the necessary licensure needed to best teach within the positions and courses to be recalledretained
b) Determine the seniority of teachers, then calculated from the Employer will lay-off first day of actual service as teachers with the District inclusive of approved leaves of absence. Ties shall be broken by drawing lots in the presence of a sufficient number representative of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in SeptemberTriangle Lake Education Association.
c) Educational Assistants who receive Determine competence of teachers, if necessary, under subsection (3) of this section. “Competence” means the ability to teach a lay-off notice must declare their intention subject or grade level based on recent teaching experience related to displace a junior Educational Assistant that subject or grade level within the first last five (5) working days years, or educational attainments, or both, but not based solely on being licensed to teach. The District may consider a teacher’s willingness to undergo additional training or pursue additional education in deciding upon questions of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice periodcompetence.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALL. 16.01 It A) When there is not a reduction of working forces within a division, the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees following procedure shall govern in making layoffs: Layoff shall be indicated by division as defined in Article 15.C.
B) Temporary (excluding employees hired on a seasonal basis for the Separation Certificate issued by summer months, April through October), part-time, and probationary employees (in that order) who perform bargaining unit work shall be laid off first within a division before the Employerlayoff of any bargaining unit members within that division. When an employee exercises bumping rights into a division as a result of a layoff as explained above, the temporary (excluding employees hired on a seasonal basis for the summer months, April through October), part-time, and probationary employees (in that order) who perform bargaining unit work shall be laid off before the layoff of any bargaining unit members within that division.
16.02 In C) If additional layoffs are necessary, seniority employees in the event of lay-off, employees affected division shall be laid off in reverse order of the seniority, provided those who desire to exercise their seniority provided that those persons retained have the necessary skills, qualifications, and ability must be able to perform the duties of those jobs maintainedremaining work without additional training or additional supervision.
aD) In order The procedure used to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect toaccomplish this shall be as follows:
i1) Accept Employees who are displaced by elimination of their job, or another employee bumps them, shall displace an employee with lesser seniority in their division. The employee who cannot displace an employee within their classification shall displace a less seniority employee in a lower classification in their division if the lay-off and be recalled under the terms employee is fully capable of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Divisionperforming such work with minimal additional training.
b2) Where there are Educational Assistants Employees who are on lay-off or who are laid off at the end of June, displaced within their division and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is going to be laid offoff shall bump any employee in other divisions with less bargaining unit seniority if the employee is fully capable of performing such work with minimal additional training. An employee bumping to another division may only bump into the lowest classification in a division and may not bump into a higher classification from that classification which the employee holds at the time of his displacement.
E) Employees to be laid off for an indefinite period of time shall have at least fourteen (14) calendar days notice of layoff. The Chapter Chairman, Vice Chapter Chairman, and Secretary shall receive a list from the Employer of the employees being laid off on the same date the notices are issued to the extent that such minimum notice employees.
F) When the working force is not givenincreased after a layoff, the employee shall receive pay employees will be recalled according to seniority in lieu thereof.
16.06 Grievances concerning lay-offs and recalls reverse order of the Layoff Section. Notice of recall shall be initiated sent to the employee at Step II his last known address by certified mail. If the employee fails to call or personally appear to the Human Resources Department within ten (10) calendar days of the grievance procedure.
16.07 Notwithstanding mailing date of the provisions of Article 15.01notice, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off he shall be placed on a recall listconsidered as having quit. If the employee calls the Human Resources Department within ten (10) calendar days of the notice, with copy furnished to the Union, and he shall be called back report to work as required beginning with directed, but be allowed up to fourteen (14) calendar days from the most senior Educational Assistant and descending from theredate of the phone call or personal appearance to report to work provided reasons satisfactory to the Employer are given for the requested extension of time.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALL. 16.01 It is not the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees 15:01 Layoff shall be indicated on defined as a reduction in the Separation Certificate issued by workforce or a planned reduction in the Employerregular hours of work as defined in this Agreement lasting two or more consecutive weeks.
16.02 In the event of lay-off, employees shall 15:02 Employees to be laid off shall be given a minimum of two (2) weeks notice or pay in reverse order lieu of their notice not given. In no case shall pay in lieu of notice exceed the amount which would have been paid to the employee had she not been laid off. Layoffs within the bargaining unit shall be determined by seniority with the person with the least seniority being laid off first provided that those persons retained the remaining employees have the necessary skills, qualifications, skill and ability to perform the duties work required. Seniority shall be the deciding factor. Layoffs involving permanent employees shall only occur following the investigation of those jobs maintainedall other reasonable alternatives. Such alternatives may include, but are not restricted to, voluntary resignation, voluntary leave of absence, voluntary job sharing and other employment opportunities within the bargaining unit.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or 15:03 Employees who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has they possess the necessary skills, qualifications, skill and ability to perform the duties of the jobwork required.
16.04 New employees 15:04 A newly hired employee shall not be hired if there are employees on lay-to fill a position of a laid off with employee who is not working in the necessary skills, qualifications, and ability to perform bargaining unit without that laid off employee being given the workopportunity of recall.
16.05 In 15:05 The Employer agrees that there will be no-layoff of full-time bargaining unit employees provided that the event of lay-off, every employee affected shall be given four (4) weeks’ notice before Employer is not in a deficit position and the date on which she Employer’s funding is adequate to be pay wages and benefits paid to all employees not laid off. Should the Employer initiate layoffs, and the Employer agrees to provide documentation supporting their position.
15:06 To the extent that such minimum notice is not givenlayoffs may occur, the employee shall receive pay parties agree to meet as far in lieu thereofadvance as possible to plan for resultant change.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Appears in 1 contract
Samples: Collective Agreement
