LAYOFFS AND RECALLS. (a) Employees will be laid off in reverse order of seniority whenever there is a reduction of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site. (b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire. (c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall. (d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client. (e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately. (f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Agreement, Collective Bargaining Agreement
LAYOFFS AND RECALLS. (a) Employees will 17.01 Both parties recognize that job security should increase in proportion to length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of seniority. Employees shall be recalled in order of their seniority whenever there providing they are qualified to do the work.
17.02 No new employees will be hired until those laid off have been given an opportunity of re- employment.
(a) The Corporation shall notify employees who are to be temporarily laid off in accordance with Article 17.07 (c) a minimum of seven (7) working days before the layoff is a reduction to be effective. If the employee laid off has not had the opportunity to work seven (7) full days after the notice of employees layoff, he shall be paid in the bargaining unit. The only exception to this provision is when the client requests in writing lieu of work for that a specific security guard be retained at their site. Guards can bump due to part of seven (17) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a sitedays during which work was not made available.
(b) The Company Corporation shall notify employees whose position who are to be permanently laid off by providing a minimum of twenty-one (21) calendar days before the layoff is to be eliminated due to effective. Notwithstanding the loss of work at a specific site or above, the loss Corporation may provide as much additional notice as possible.
17.04 In order that the operations of the entire site at least five (5) working days prior to the effective date of termination Union will not become disorganized when layoffs are being made, members of the position. Such employee will Local Executive Board shall be entitled the last persons laid off during their term of office as long as full-time work which they are qualified to bump junior employees perform at other sites in order to maintain employment and status. The company will meet with their own or a lower wage level is available.
17.05 After so advising the affected employee and their Union representative as quickly as possible after notification in order writing of available employee benefits at time of layoff, the Corporation agrees to allow pay its share of premiums for group insurance plans so requested in writing by the employee for the two (2) months following the month of layoff, and subject to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top submitting payment, via payment type accepted by the Employer, for his full share at time of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptancelayoff. In the event of a longer layoff, not exceeding twenty-four (24) months, and subject to approval of the policy carrier, eligible employees may continue their specified benefit coverage by providing Human Resources with payment on or before the second month of layoff, representing the full premium costs of the benefit. It is understood that should the employee be in arrears of such recalled employee is employed elsewhere at the time of recallpayment, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee Employer shall be considered entitled to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and cancel the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accidentbenefit coverage.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
LAYOFFS AND RECALLS. (a) Employees will be laid off in reverse order 1. The Employer shall notify the Union of seniority whenever there is an impending layoff of bargaining unit members, and it shall meet promptly, if requested by the Union, to try to resolve any issues, including possible alternatives to layoffs, before layoffs are implemented.
2. In the event of a reduction of employees in force in the bargaining unit, the least senior Employee in the relevant bargaining unit job title shall be laid off provided the remaining Employees are qualified to do the work required. The only exception Employer shall give affected Employees at least thirty days’ written notice of layoff. Part-time Employees are laid off and recalled separately from full-time Employees.
3. Laid off Employees shall be placed on a list for recall to this provision is the same or a comparable position with the Agency when one becomes available. Probationary Employees who have been laid off have no recall privileges.
4. The Employer shall offer vacant bargaining unit positions that subsequently become available to qualified Employees on recall lists in seniority order before posting them and filling them.
5. Employees recalled to work are expected to return within fourteen (14) calendar days after recall sent certified mail by Employer to the client requests in writing that a specific security guard be retained Employee at their sitehis/her address of record on file with the Employer except where verifiable serious illness or other provable reason acceptable to the Employer makes it impossible for the Employee to return on time. Guards can bump due The Employee shall notify the Employer of his/her acceptance or rejection of the recall and the reason for any inability to (1) loss of site, (2) being bumped by a senior guard, return on time within three (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day 6. An Employee who is recalled from layoff to a non-bargaining unit position but who requests to be returned to the receipt of such notice, bargaining unit shall be transferred back into a bargaining unit vacancy in accordance with his/her seniority if an appropriate bargaining unit vacancy occurs for which the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee Employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its clientcompetent and qualified.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice 7. The recall rights of recall by telephone Employees are effective until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the year following their date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accidentlayoff.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
LAYOFFS AND RECALLS. (a) Employees will 17.01 Both parties recognize that job security should increase in proportion to length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of seniority. Employees shall be recalled in order of their seniority whenever there providing they are qualified to do the work.
17.02 No new employees will be hired until those laid off have been given an opportunity of re- employment.
(a) The Corporation shall notify employees who are to be temporarily laid off in accordance with Article 17.07 (c) a minimum of seven (7) working days before the layoff is a reduction to be effective. If the employee laid off has not had the opportunity to work seven (7) full days after the notice of employees layoff, he shall be paid in the bargaining unit. The only exception to this provision is when the client requests in writing lieu of work for that a specific security guard be retained at their site. Guards can bump due to part of seven (17) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a sitedays during which work was not made available.
(b) The Company Corporation shall notify employees whose position who are to be permanently laid off by providing a minimum of twenty-one (21) calendar days before the layoff is to be eliminated due effective. Notwithstanding the above, the Corporation may provide as much additional notice as possible.
17.04 In order that the operations of the Union will not become disorganized when layoffs are being made, members of the Local Executive Board shall be the last persons laid off during their term of office as long as full-time work which they are qualified to perform at their own or a lower wage level is available.
17.05 After so advising the affected employee in writing of available employee benefits at time of layoff, the Corporation agrees to pay its share of premiums for group insurance plans so requested in writing by the employee for the two (2) months following the month of layoff, and subject to the loss employee paying his full share by post-dated cheques at time of work at layoff. In the event of a specific site or the loss longer layoff, not exceeding twenty-four (24) months, and subject to approval of the entire site at least five (5) working days prior to policy carrier, eligible employees may continue their specified benefit coverage by providing Human Resources with post-dated cheques on or before the effective date second month of termination layoff, representing the full premium costs of the positionbenefit. Such It is understood that should the employee will be in arrears of such payment, the Employer shall be entitled to bump junior employees cancel the benefit coverage.
17.06 Grievances concerning layoffs due to a reduction in the working force shall be initiated at other sites Step 2 of the Grievance Procedure.
(i) An employee with seniority in order the bargaining unit whose job is permanently affected after the signing of this Agreement, by way of being discontinued or changed in a manner that will reduce the employee's rate of pay or regular hours of work, may if he chooses, make a decision, to maintain employment displace a less senior individual, provided the senior employee has the necessary qualifications and statusas follows:
1. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said Within five (5) working days, declare the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desirefirst junior individual.
2. If unsuccessful, within two (c2) The Company shall generally give notice of recall by registered mail to working days declare the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recallsecond junior individual.
(d) If3. If still unsuccessful, within one (1) calendar day working day, declare the third and final junior individual. It is understood that the Staffing Specialist will assist the affected employee to determine suitable bump choices.
(ii) The Corporation’s decision on acceptance or denial of a bump shall be communicated in writing to affected employees within five (5) working days.
(iii) Transfers resulting from the receipt displacement of such noticeactive employees shall be held in abeyance until all transfers can take place. No employee will suffer any loss of wages while awaiting a transfer under this clause. Once the last employee affected by this process is confirmed, all transfers of affected employees shall be made within seven (7) working days.
(b) In the case where the employee’s bump selection is accepted, the employee accepts will be given an orientation and assessment period not to exceed forty-five (45) working days. Should the recallCorporation deem the employee unsatisfactory, unsuitable, medically unfit or unavailable for work, the job employee will be laid off in accordance with Article 17.07
(a) The Union shall be notified and a meeting, if requested, will be held open for one within five (15) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for days between two (2) weeks if representatives of the Company has received appropriate advance notice Union and two representatives from its client.
Management (e) In circumstances where Human Resources and the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If affected department). Should the employee declines find himself unable to perform the duties of the position, or fails to respond to if the notice within one employee finds the new position unsatisfactory, the employee will be laid off in accordance with Article 17.07 (1) calendar day from the date of receipt a). Such decision by either Party will not prejudice future consideration of the original noticeemployee under a posted vacancy for the same position. Any other employee displaced as a result of rearrangement of the position shall be returned to his position without loss of seniority and wage or salary. Should the employee find the second position unsatisfactory, the employee will be laid off in accordance with Article 17.07 (a). It is permissible to receive notice of layoff and exercise seniority rights to a maximum of three (3) consecutive times, after which the employee must stay in that third position or fails to report to work transfer through competition for a posted vacancy.
(c) In circumstances involving a temporary layoff at a particular location or operation within the time Region for a period outlined aboveof thirty (30) days or less, such laid off employees may exercise their seniority rights by displacing an employee with less seniority in their classification for the duration of the layoff. For layoffs in excess of thirty (30) days, Article 17.07(a) shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accidentgovern.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
LAYOFFS AND RECALLS. (a) Employees will 17.01 Both parties recognize that job security should increase in proportion to length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of seniority. Employees shall be recalled in order of their seniority whenever there providing they are qualified to do the work.
17.02 No new employees will be hired until those laid off have been given an opportunity of re- employment.
17.03 The Corporation shall notify employees who are to be temporarily laid off in accordance with Article 17.07 (c) a minimum of seven (7) working days before the layoff is to be effective. If the employee laid off has not had the opportunity to work seven (7) full days after the notice of layoff, he shall be paid in lieu of work for that part of seven (7) days during which work was not made available.
17.04 In order that the operations of the Union will not become disorganized when layoffs are being made, members of the Local Executive Board shall be the last persons laid off during their term of office as long as full-time work which they are qualified to perform at their own or a lower wage level is available.
17.05 After so advising the affected employee in writing of available employee benefits at time of layoff, the Corporation agrees to pay its share of premiums for group insurance plans so requested in writing by the employee for the two (2) months following the month of layoff, and subject to the employee paying his full share by post-dated cheques at time of layoff. In the event of a longer layoff, not exceeding twenty-four (24) months, and subject to approval of the policy carrier, eligible employees may continue their specified benefit coverage by providing the Human Resources Department with post-dated cheques on or before the second month of layoff, representing the full premium costs of the benefit. It is understood that should the employee be in arrears of such payment, the Employer shall be entitled to cancel the benefit coverage.
17.06 Grievances concerning layoffs due to a reduction in the working force shall be initiated at Step 2 of employees the Grievance Procedure.
(i) An employee with seniority in the bargaining unit. The only exception to unit whose job is permanently affected after the signing of this provision is when Agreement, by way of being discontinued or changed in a manner that will reduce the client requests in writing that employee's rate of pay or regular hours of work, may if he chooses, make a specific security guard be retained at their site. Guards can bump due to (1) loss of sitedecision, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, to displace a less senior individual, provided the company senior employee has the necessary qualifications they shall be given thirty (30) working days to demonstrate their ability to perform the selected position. It is preferable that the bump be restricted to the most junior individual in the selected job at the selected work location, division and department. It is further understood that should an individual be displaced from a temporary position, then the individual shall return to his former permanent position, if one exists. Should the individual not have a permanent position to return to, then he shall exercise his seniority rights in accordance with the above. Other employees who are affected by such a move shall be allowed to exercise their seniority rights in the same manner. Any employee displaced will provide payment be notified by the Human Resources Department with information as to his rights under this clause. In the event an employee is unable to find a suitable position due to being displaced, he shall be considered laid off.
(ii) The Corporation’s decision on acceptance or denial of a bump shall be communicated in lieu of work. During the up writing to affected employees within five (5) days waiting periodworking days.
(iii) Transfers resulting from the displacement of active employees shall be held in abeyance until all transfers can take place. No employee will suffer any loss of wages while awaiting a transfer under this clause. Once the last employee affected by this process is confirmed, the all transfers of affected employees shall be made within seven (7) working days.
(b) The employee will be entitled given an orientation and assessment periodnot to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.exceed thirty
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LAYOFFS AND RECALLS. (a) Employees will 13.01 Both Parties recognize that job security should increase in proportion to the length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of seniority. Employees shall be recalled in order of their seniority whenever there is providing they are qualified to do the work.
13.02 A layoff shall be defined as a reduction in the workforce.
13.03 No new employees will be hired until those laid off have been given an opportunity of employees in re- employment providing they are qualified to do the work, which is available within the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) 13.04 The Company Corporation shall notify employees whose position is who are to be eliminated due to the loss laid off by providing them with a minimum of work at a specific site or the loss of the entire site at least five (5) working days prior months notice before the layoff is to the effective date of termination of the positionbe effective. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow If the employee laid off has not had the opportunity to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than work five (5) working days (no more than months after the notice of layoff, they shall be paid in lieu of work for that part of the five (5) unpaid days). If an employee months during which work was not made available.
13.05 In order that the operations of the Union will not become disorganized when layoffs are being made, members of the Local Executive Board shall be the last persons laid off during their term of office as long as full-time work, which they are qualified to perform is not slotted into their new position available.
13.06 The Corporation’s decision on acceptance or denial of a bump shall be communicated in writing to affected employees and the Union within said five (5) working days, . An employee who has been served notice of layoff as outlined above shall bump the company will provide payment employee with the lowest seniority in lieu of the classification in which the employee has elected to bump based on their skill and ability to perform the work. During No part-time or casual employee shall displace a full-time employee in any classification.
13.07 An employee affected by layoff will be given an orientation and assessment period as deemed appropriate by the up to five (5) days waiting periodCorporation. Should the Corporation deem the employee unsatisfactory or unsuitable, the employee will be entitled advised that they are to be on top laid off and will be allowed to exercise their bumping rights into another position. Such decision will not prejudice future consideration of the spare board list if employee under a posted vacancy for the same position. Any other employee displaced as a result of the above rearrangements of positions shall be returned to their position without loss of seniority, benefits, or wage/salary. Should the employee find the new position unsatisfactory within thirty (30) working days, the employee will inform the Human Resources Department and the employee will be laid off and allowed to exercise their bumping rights into another position. Should the employee find the second new position unsatisfactory they so desirewill be allowed to exercise their bumping rights one final time.
13.08 Grievances concerning layoffs shall be initiated at Step 1 of the grievance procedure.
13.09 Transfers resulting from the displacement of active employees may be held in abeyance until all transfers can take place and no employee will suffer any loss of wages, benefits or seniority while awaiting a transfer under this clause. Once the last employee affected by this process is confirmed, in writing, all transfers of affected employees shall be made within ten (10) working days. In the case of such transfers, the Corporation shall not be held to any minimum shift change notice requirements agreed to between the Parties.
(ca) The Company shall generally give notice of recall by registered mail Corporation agrees to the last recorded address pay its share of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open premiums for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant all agreed upon benefit plans for two (2) weeks if months following the Company has received appropriate advance notice from its clientmonth of layoff, subject to the laid off employee paying their full share of such premiums prior to the commencement of the layoff.
(eb) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified When an employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond submits to the notice within Human Resources Department written application for continuation of enrolment in specific and eligible employee benefits at one hundred (1100%) calendar day from percent employee cost during the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.twenty-two
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LAYOFFS AND RECALLS. (a) Employees will a. A layoff shall be defined as a reduction in the work force and shall include reduction from full-time to part-time status.
b. In the event layoffs become necessary, employees shall be laid off in the reverse order of their seniority whenever in their respective divisions. Notwithstanding the foregoing, when an employee’s position has been identified as surplus and the employee is identified for transfer, such employee will be provided with two weeks written notice and: will first be placed, in order of seniority, into a vacant position with the same classification, FTE, 10/12 month status and with the same hourly rate of pay. Where there is no suitable vacant position available, the employee shall have the right to first bump into the least senior employee’s position in the same classification provided that position carries an equal or lesser salary without a reduction of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu hours of work. During The Board shall provide the up to five (5) days waiting period, the employee will be entitled Union and employees who are to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for laid off or bumped two (2) weeks if written notice or pay in lieu of notice for the Company has received appropriate advance notice from its clientemployee.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified c. The least senior employee who is prepared bumped from their position and is identified for layoff, and has not been given 2 weeks notice, will be transferred to report the supply list for up to work immediately2 weeks without loss of salary and benefits while actively providing service to the supply list.
(f) If d. Employees shall be recalled in the employee declines order of their seniority provided they are qualified to do the positionwork.
e. New employees shall not be hired until those laid off within the previous 120 calendar days have been given the opportunity to recall. Employees recalled within the 120 calendar day period will not suffer any loss in seniority. Employees being recalled will be sent a registered letter and must provide a written response within 10 working days of the date the letter is mailed.
f. In the event of layoffs, or fails employees who have lost seniority by reasons of having transferred to respond another division, shall have the right to return to the notice within one (1) calendar day from the date of receipt division in which they were previously employed, thereby regaining seniority status in accordance with clause 18 of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accidentagreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LAYOFFS AND RECALLS.
17.01 A layoff is defined as a reduction in the work force. A reduction in the regular weekly hours of work shall also constitute a layoff, with the exception of the Bus Driver classification and all school-based classifications in which case a reduction in hours exceeding thirty (a30%) Employees will percent of their regular weekly hours shall constitute a layoff.
17.02 The Board shall notify regular or probationary employees who are to be laid off in reverse order of seniority whenever there is a reduction of employees in ten (10) working days before the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position layoff is to be eliminated due effective. Employees that have not had the opportunity to work ten (10) days
17.03 The Employer shall identify the employee to be laid off, together with the classification and department.
17.04 A regular employee, if qualified, may exercise the employee’s seniority rights to bump bargaining-unit- wide to the loss of work at a specific site equivalent or lower pay level. The Employer must be notified, by the Union or the loss of the entire site at least employee within five (5) working days prior to of where the effective date of termination of the position. Such employee bumping will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of payoccur, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee unless such notice is not slotted into reasonably possible.
17.05 Regular employees shall be recalled in the order of their new position within seniority if qualified. A list of laid off employees shall be kept and the Employer shall notify said five (5) working days, the company will provide payment employees in lieu of writing to report for work. During the up to five (5) days waiting periodIf, however, the employee will fails to report for work after being duly notified, in accordance with Article 15.05 (b) (4), their names shall be entitled stricken from the list. An employee shall not be required to be on top of accept recall to a position with hours less than the spare board list if they so desirehours provided in their pre-layoff employment.
(ca) The Company Regular employees on layoff shall generally give notice be given first preference for temporary assignments on a seniority basis, if qualified. There shall be no bumping allowed between temporary positions. Rejection of a temporary assignment shall not affect the recall by registered mail period or right to recall. If a temporary assignment is accepted, the last recorded address of the employee. The employee shall keep the Company informed balance of the employee's present address recall period will be suspended for the period of location where he may be reached. The employee who fails to do so shall forfeit his right of recallthe temporary assignment.
b) All positions shall be posted through regular posting procedures. Any vacancies remaining unfilled by the competition process, shall be filled by the recall process, and those qualified employees with recall rights shall be the first hired for such vacancies.
c) If an employee has been bumped/laid off and the position which they have been bumped/laid off from comes open within fifty (d50) If, within one (1) calendar day working days from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recallbeing bumped/laid off, then that employee has the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its clientright of first refusal to revert to their former position.
(e) In circumstances where 17.06 Regular employees who have been laid off shall be entitled, subject to the Company must fill vacant positions without delayterms and conditions of the applicable insurance contracts, to maintain their benefits during the Company shall give notice recall period, as defined in 17.07 below, by paying the full cost of recall by telephone until able such benefits to find a qualified employee who is prepared to report to work immediatelythe Board.
(f) If the employee declines the position17.07 No new employees will be hired to fill a vacancy until regular employees who have been laid off, or fails who have been terminated for other than just and reasonable cause, and who are “qualified” to respond to fill the notice within one (1) calendar day from the date vacancy have been given an opportunity for re-employment. This provision shall apply for a period of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.twenty-four
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LAYOFFS AND RECALLS. (a) Employees will Both parties recognize that job security shall increase in proportion to length of seniority. Therefore, in the event of a lay-off in excess of two (2) weeks, employees shall be laid off in the reverse order of seniority whenever there is a reduction of employees in the their bargaining unit-wide seniority. An employee about to be laid off may bump any employee with less seniority and same qualifications, providing the employee exercising the right is able to perform the work within a reasonable trial period and with on the job training. The only exception training shall be given during the hours of work. Time devoted to this provision is when the client requests in writing that a specific security guard training shall be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a siteconsidered time worked.
(b) The Company A lay-off shall notify employees whose position is to be eliminated due to defined as a reduction in the loss work force or a reduction in the regular scheduled hours of work at as defined in this agreement. Management personnel, placement students, volunteers and other job training positions shall not perform work normally performed by employees in the bargaining unit if as a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose result, any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu laid off or loses any regular scheduled hours of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company Employer shall generally give notice meet with the Union Executive prior to a lay-off to review the updated seniority list and to discuss the order of recall by registered mail lay-off. These meetings will be intended to provide an opportunity to look to identify and implement reasonable alternatives to the last recorded address proposed lay-off. These meetings will not delay the lay-off process and confidentiality of the employeeinformation will be maintained by both parties. The employee Employer will supply the Union with an updated seniority list that shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails used prior to do so shall forfeit his right of recalllayoff notices being issued.
(d) If, An employee who accepts a lay-off or exercises their bumping rights or otherwise secures alternate employment within one the Association following a notice of lay-off shall retain the right to be reinstated in his/her former job if such becomes available within nine (19) calendar day from the receipt months of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day their original notice of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its clientlay-off.
(e) In circumstances where The Employer shall notify the Company must fill vacant positions without delay, the Company shall give notice employee of recall opportunity by telephone until able registered mail, addressed to find a qualified the last address on record with the Employer. The notification shall state the job to which the employee who is prepared eligible to be recalled and the date and time at which the employee shall report for work. The employee will respond to work immediatelythe registered mail notification within five (5) days to confirm their acceptance of the position. The employee is solely responsible for their proper address being on record with the Employer.
(f) If the Employees on lay-off shall be given preference for temporary vacancies which, are expected to exceed ten (10) working days. The vacant position will not exceed their regularly scheduled hours of work. An employee declines the position, or fails who has been recalled to respond such a temporary vacancy shall not be required to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined aboveaccept such recall and may instead remain on lay-off. Further, such employee recalled to a temporary vacancy is not entitled to any notice of lay-off at the end of the temporary assignment.
14.02 Employees shall be considered recalled in the order of their seniority as per Article 14.01 above.
(a) New employees shall not be hired until those laid off have been given an opportunity of recall provided the employees on lay-off are capable and qualified to have resigned and shall forfeit his recall rights. Should such employee do the available work.
(b) In order that the efficient operation of the Union will not be prevented from returning to work due to illness or accident he shall retain his recall rights and jeopardised when a lay- off occurs, the Company Unit Chairperson shall be the last person laid off during their term of office, so long as work for which they are qualified at liberty to recall another employee. The employee their own or lower wage is available.
14.04 Grievances concerning lay-offs and recalls shall be required to show proof initiated at Step 4 of such illness or accidentthe Grievance Procedure.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LAYOFFS AND RECALLS. 17.01 A layoff is defined as a reduction in the work force. A reduction in the regular weekly hours of work shall also constitute a layoff, with the exception of the Bus Driver classification and all school-based classifications in which case a reduction in hours exceeding thirty (a30%) Employees will percent of their regular weekly hours shall constitute a layoff.
17.02 The Board shall notify regular or probationary employees who are to be laid off in reverse order of seniority whenever there is a reduction of employees in ten (10) working days before the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position layoff is to be eliminated due effective. Employees that have not had the opportunity to work ten (10) days after notice of layoff shall be paid in lieu of work for that part of the ten (10) days during which work was not made available.
17.03 The Employer shall identify the employee to be laid off, together with the classification and department.
17.04 A regular employee, if qualified, may exercise the employee’s seniority rights to bump bargaining-unit-wide to the loss of work at a specific site equivalent or lower pay level. The Employer must be notified, by the Union or the loss of the entire site at least employee within five (5) working days prior to of where the effective date of termination of the position. Such employee bumping will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of payoccur, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee unless such notice is not slotted into reasonably possible.
17.05 Regular employees shall be recalled in the order of their new position within seniority if qualified. A list of laid off employees shall be kept and the Employer shall notify said five (5) working days, the company will provide payment employees in lieu of writing to report for work. During the up to five (5) days waiting periodIf, however, the employee will fails to report for work after being duly notified, in accordance with Article 15.05 (b) (4), their names shall be entitled stricken from the list. An employee shall not be required to be on top of accept recall to a position with hours less than the spare board list if they so desirehours provided in their pre-layoff employment.
(ca) The Company Regular employees on layoff shall generally give notice be given first preference for temporary assignments on a seniority basis, if qualified. There shall be no bumping allowed between temporary positions. Rejection of a temporary assignment shall not affect the recall by registered mail period or right to recall. If a temporary assignment is accepted, the last recorded address of the employee. The employee shall keep the Company informed balance of the employee's present address recall period will be suspended for the period of location where he may the temporary assignment.
b) All positions shall be reachedposted through regular posting procedures. The Any vacancies remaining unfilled by the competition process, shall be filled by the recall process, and those qualified employees with recall rights shall be the first hired for such vacancies.
c) If an employee who fails to do so shall forfeit his has been bumped/laid off and the position which they have been bumped/laid off from comes open within fifty (50) working days from the time of being bumped/laid off, then that employee has the right of recallfirst refusal to revert to their former position.
(d) If17.06 Regular employees who have been laid off shall be entitled, within one (1) calendar day from subject to the receipt terms and conditions of the applicable insurance contracts, to maintain their benefits during the recall period, as defined in 17.07 below, by paying the full cost of such notice, benefits to the employee accepts the recall, the job Board.
17.07 No new employees will be held open hired to fill a vacancy until regular employees who have been laid off, or who have been terminated for one other than just and reasonable cause, and who are “qualified” to fill the vacancy have been given an opportunity for re-employment. This provision shall apply for a period of twenty-four (124) calendar day months from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its clientlayoff.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LAYOFFS AND RECALLS. (a) Employees will 13.01 Both Parties recognize that job security should increase in proportion to the length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of seniority. Employees shall be recalled in order of their seniority whenever there is providing they are qualified to do the work.
13.02 A layoff shall be defined as a reduction in the workforce.
13.03 No new employees will be hired until those laid off have been given an opportunity of employees in re- employment providing they are qualified to do the work, which is available within the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) 13.04 The Company Corporation shall notify employees whose position is who are to be eliminated due to the loss laid off by providing them with a minimum of work at a specific site or the loss of the entire site at least five (5) working days prior months notice before the layoff is to the effective date of termination of the positionbe effective. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow If the employee laid off has not had the opportunity to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than work five (5) working days (no more than months after the notice of layoff, they shall be paid in lieu of work for that part of the five (5) unpaid days). If an employee months during which work was not made available.
13.05 In order that the operations of the Union will not become disorganized when layoffs are being made, members of the Local Executive Board shall be the last persons laid off during their term of office as long as full-time work, which they are qualified to perform is not slotted into their new position available.
13.06 The Corporation’s decision on acceptance or denial of a bump shall be communicated in writing to affected employees and the Union within said five (5) working days, . An employee who has been served notice of layoff as outlined above shall bump the company will provide payment employee with the lowest seniority in lieu of the classification in which the employee has elected to bump based on their skill and ability to perform the work. During No part-time or casual employee shall displace a full-time employee in any classification.
13.07 An employee affected by layoff will be given an orientation and assessment period as deemed appropriate by the up to five (5) days waiting periodCorporation. Should the Corporation deem the employee unsatisfactory or unsuitable, the employee will be entitled advised that they are to be on top laid off and will be allowed to exercise their bumping rights into another position. Such decision will not prejudice future consideration of the spare board list if employee under a posted vacancy for the same position. Any other employee displaced as a result of the above rearrangements of positions shall be returned to their position without loss of seniority, benefits, or wage/salary. Should the employee find the new position unsatisfactory within thirty (30) working days, the employee will inform the Human Resources Department and the employee will be laid off and allowed to exercise their bumping rights into another position. Should the employee find the second new position unsatisfactory they so desirewill be allowed to exercise their bumping rights one final time.
13.08 Grievances concerning layoffs shall be initiated at Step 2 of the grievance procedure.
13.09 Transfers resulting from the displacement of active employees may be held in abeyance until all transfers can take place and no employee will suffer any loss of wages, benefits or seniority while awaiting a transfer under this clause. Once the last employee affected by this process is confirmed, in writing, all transfers of affected employees shall be made within ten (10) working days. In the case of such transfers, the Corporation shall not be held to any minimum shift change notice requirements agreed to between the Parties.
(ca) The Company shall generally give notice of recall by registered mail Corporation agrees to the last recorded address pay its share of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open premiums for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant all agreed upon benefit plans for two (2) weeks if months following the Company has received appropriate advance notice from its clientmonth of layoff, subject to the laid off employee paying their full share of such premiums prior to the commencement of the layoff.
(eb) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified When an employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond submits to the notice within Human Resources Department written application for continuation of enrolment in specific and eligible employee benefits at one hundred (1100%) calendar day from percent employee cost during the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.twenty-two
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LAYOFFS AND RECALLS. (a) Employees 12.01 When there is a reduction in the workforce, the Employer agrees that employees will be laid off within the affected job classification in reverse the inverse order of their job classification seniority, provided that the employees who remain at work are qualified to perform the available work. Employees who have acquired job classification seniority whenever there is a reduction of shall not be laid off unless all probationary employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a sitesame job classification have been laid off.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). 12.02 If an employee is not slotted into their new position laid off from his/her classification, s/he may exercise bumping rights to displace an employee holding the least seniority in an equivalent or lower rated classification, provided that the bumping employee is qualified to perform the available work. An employee must notify his manager of his intent to exercise his/her bumping rights within said five (5) working days5 business days of the lay-off notification.
12.03 If there is a lay-off, the company Plant Chairperson shall be the last person removed from his/her classification. If all persons are removed from that classification, the Plant Chairperson will provide payment exercise normal bumping rights, provided that s/he shall not be laid off so long as there is any work in lieu the plant that s/he is qualified to perform. In such case the Plant Chairperson shall be put in that position, even if it means the lay-off of an employee with more seniority.
12.04 When there is an increase in the workforce while there are employees who are still affected by a lay-off, the Employer agrees that employees will be returned to work and to their regular classifications in the reverse order of the lay-off, so that senior employees are returned first, provided that the employees who remain at work are qualified to perform the available work. During the .
12.05 An employee who exercises bumping rights to displace another employee will have up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.ten
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LAYOFFS AND RECALLS. 14.01 The Employer will give at least seven (a7) days written notice to employees and the Union of any contemplated layoffs. A layoff shall be defined as “an interruption
14.02 Whenever it becomes necessary to decrease the working force in an affected classification, it shall be done in the following order, provided the employees who are retained at work following the layoff, have the skill and ability to perform the work.
1. Employees will be laid off who have not yet completed their probationary period.
2. Part Time employees, in reverse order of seniority whenever starting with the most junior.
3. Full Time employees, in reverse order of seniority starting with the most junior. Recall from layoff shall be in reverse order of the above.
14.03 A full-time employee displaced from a classification pursuant to 14.02 above may exercise her seniority in the following order, provided she has the skill and ability to perform the work.
1. The most junior full-time employee in another classification but in the same department.
2. The most junior full-time employee in another department.
3. The option to either; I) displace the most junior part-time employee in her classification, or ii) accept the layoff.
4. The option to either; I) displace the most junior part-time employee in any classification or ii) accept the layoff.
14.04 A part-time employee displaced from a classification pursuant to 14.02 above may only displace another part-time employee of lesser seniority in another classification in her department.
14.05 In the event of a layoff, an employee who elects to displace under section 14.03 will provide a written outline of her qualifications to the Employer. If there is a reduction of employees in valid dispute over the bargaining unit. The only exception employee’s ability to this provision is when perform the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of siterequired work, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee Employer will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow provide the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days)with a 7day evaluation period. If an the Employer determines the employee is cannot slotted into their new position within said five (5) working days, meet the company will provide payment in lieu of work. During the up to five (5) days waiting periodrequirements, the employee and Union will be entitled given written notice. The notice will explain the reasons for the Employers decision.
14.06 The Union Committee will be retained in the employ of the Employer during their respective terms of office, notwithstanding their position on the seniority list, and so long as the Employer has work available which they are able and willing to perform.
14.07 Employees who have been laid off in accordance with the above provisions will be returned to work in line of seniority in which they were laid off provided they are able and willing to do the work available.
14.08 The Employer will provide the Chairperson of the Union Committee with a list of employees to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) Iflaid off or recalled, within one (1) calendar day from the receipt also any cancellation of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its clientnotices.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LAYOFFS AND RECALLS. When forces are reduced, employees and the Union will be given fourteen (a14) Employees days written notice and will be laid off in the reverse order of their seniority whenever there and will retain all seniority rights and privileges subject to the provisions below; however, the fourteen (14) days notice herein required will not be required when an employee is bumped into laid off status by another employee. Employees laid off on account of reduction in force will be privileged to work elsewhere and retain their seniority. They must maintain on record with the Company their correct mailing addresses. Employees will be called back to the service in their seniority order according to the following procedure: The Company will advise each employee to be recalled by registered mail, return receipt requested, or by telegram. A copy of such recall notice will be furnished to the Local Union. An employee receiving notice of recall will immediately acknowledge receipt of same by registered mail, return receipt requested, or by telegram, and will report on the (14th) day of the recall notice, unless on an earlier date by mutual agreement with the Union. Employees having other employment, being recalled for short periods of work less than thirty (30) days, will be given permission to reject same without loss of seniority if suffi- cient men are available. Laid off employees failing to comply with these regulations will forfeit seniority rights and be considered as no longer employees of the Company. With respect to short recalls, for less than thirty (30) days, three weeks prior to a reduction holiday the Company will advise the Local Union as to the number of additional extra employees required for such periods and the number of those who desire not to return to work, following which any deficiency in the number of employees will by recall from the laid off list. Laid off employees, other than operators, may be recalled to work for situations such as book sick leave, vacations or emergency without receiving the previously prescribed notice and in addition, may he laid off again without the bargaining unitrequired notice provid- ed such recall is for less than thirty days. The only exception Employees who are unable to this provision is when the client requests in writing that accept a specific security guard be retained at their site. Guards can bump due short notice of recall will not subject to (1) a loss of sitebecause of such rejection. affected will be privileged to bid or take a standby lay off provided that other laid off employees are available for work. An employee subject to as a result of lay-off may place on lay-off giving ten days notice prior to the effective off to the Company and the Union, (2) being bumped by a senior guard, (3) client removal provided other employees arc for non-disciplinary reasons, (4) return from approved work. Employees requesting an unpaid leave of absence or must furnish the request in writing at least fourteen (514) loss prior to the start of position the leave to the Company indicating the length of time for the leave. Extenuating circumstances preventing such notice be reviewed and the requested leave under review not be unreasonably denied due to violation of time No employee shall be refused a leave provided that there is another employee in their classifi- cation who is on a site.
(b) The Company shall notify employees whose position lay-off at that location,who is to be eliminated due immediately recalled from lay-off, who is available and, who is for the duration of the leave. In other circumstances,the granting of such leave shall be by mutual agreement between the Company and the Union. An employee on leave of absence may accept employment elsewhere without loss of seniority or employee privileges except that shall not accept employment with any bus line to any Greyhound company unless by mutual agreement as evidenced by an agree- ment in writing between the Company and the Union. Employees desiring to return from leave of absence before expiration thereof give fourteen (14) calendar days advance notice to the Company and the Union. Absences of thirty (30) consecutive days or more for any reason other than sicknessand dis- ability, and any absence of (90) consecu- tive days or more for sickness and disability, shall be deducted in computing service awards and pay increases. Leave be granted in accordance with the provisions of the Canada Labour Code. A leave of absence of thirty (30) days or more must be agreed to by the Union,with respect to determining whether such leave will take place without loss of work at a specific site or the loss seniority Employees granted such leave must maintain payment of the entire site at least equiv- alent of dues to the Union for the dura- tion of such leave. Any employee with five (5) working days prior to the effective date years of termination of the position. Such employee will be entitled to bump junior employees at other sites service or more upon request, once in order to maintain employment and status. The company will meet career with the affected employee and their Union representative as quickly as possible after notification in order be granted an unpaid leave of absence of up to allow the employee to review options and make an informed decision where they wish to bump intoone year for any reason. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working daysHowever, the company will provide payment Company at its sole discretion, may limit the number of Terminal and Maintenance employees in lieu excess of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from at any one will be two (2) opera- tors allowed off in each division to a maximum of eight (8)in the receipt region. Request for such a leave must be made no less than fourteen (14) days prior to commencement of such notice, the employee accepts the recall, the job will be held open for leave (one (1) calendar day month prior in the case of mechan- ics), and must be made in writing stating dura- tion of the leave. Any employee who asks for and is granted a leave of absence under who then returns early from said leave will not be permitted to request additional time under this leave provision up to the one year maxi- mum duration. An employee whose job requires a operator's license and has seven or more years of ice and who suffers a loss or suspension of driver's license on a non-job related incident,will be granted,once in career, the necessary leave of absence for the duration of such loss or suspension,not to exceed one year in duration,without pay or benefits. Union Officers Employees who are officers of a Local Union, Council, National or State Canadian Labour Congress or international (Amalgamated Transit Union) shall be granted the necessary leave of absence to permit the performance of their duties as such officers and shall suffer no loss of rights or benefits including accumula- tion of seniority, enjoyed by other employees Xxx reason of such Union take into consideration peak periods, holidays, Fridays, Saturdays, and Sundays year round when requesting such leaves. Committee Members Those employees who are committee mem- bers of a Local Union shall be granted the nec- xxxxxx leave of absence permit the perform- ance of their duty as such committee mem- bers, provided reasonable notice shall be given and the number to be granted leaves will not interfere with the business of the Company and such employee suffer no loss of rights or benefits enjoyed by other employees by xxx- son of such absence from duty The Union agrees its members covered above not abuse the rights set forth Union take into consideration periods, holidays, Fridays, Saturdays, and Sundays year round when requesting such leaves. When Union representatives are granted time off for Union business, their tours of or portions thereof, will be filled at the sole dis- cretion of the Bereavement Leave In the event of a death in the immediate every employee who has completed three (3) consecutive months of continued employment shall be entitled to bereavement leave with pay at their regular rate of wages for their normal of work on any of their normal days that occur during three (3) consecutive days provided that one (1) of these three (3) consecutive days must on the day of the funeral. Such pay for purposes be deemed to be wages. Immediate family will consist of recog- nized spouse, parents, children, sister, brother, father-xxx,mother-in-law,grandparents,grand- mother- in-law, and grand- children of the employee or any relative living with the employee's acceptance. A regular operator on a straight-away may, if so desires and give the Company suffi- cient advance notice, upon returning from funeral leave, be allowed to pick his at the away-from-home point on the fourth (4th) day. An employee to attend All physical examinations required as a condi- tion of continued shall be by a physician selected by the Company and paid for in full by the Company, except as pro- vided for in the appropriate clauses. Initial examinations will be paid by the applicant for employment. When the requires to take examinations not required the or regulations of the of transportation or other regulatory body, the employee affect- ed shall be paid for all lost wages. The provi- sions of this do not to employees having a physical disqualification being determined in accordance with the first (1st) paragraph of this section, nor to employ- ees having a condition requiring medical rechecks from time to time upon order of the physician. Employees failing to pass medical examina- tions by competent medical authority approved by the Company may be disqualified from service. The disqualified employee or the Union may, within ten days such examination, make written request to Company for further examination by two physicians; one of whom is to be selected and paid by employee, arid the other the Company. If, after the examination, any disqualifications are found and subsequent condition or condi- tions can, in the judgment of the examining physicians, be corrected treatment, the employee may, if physical condition permits, continue in service. If able to work, will be permitted to resume employment upon certification by the attending physicians. In the event that such recalled employee is employed elsewhere at of disagree- ment between the time of recall, the Company will hold the position vacant for two (2) weeks if physicians, a rep- resentative of the Company has received appropriate advance notice and a representa- tive of the Union shall meet within ten days from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give date of written notice of recall by telephone until able disagree- ment between the two (2) physicians to find select a qualified employee who is prepared to report to work immediately.
third (f3rd) If physician. The third (3rd) physi- cian shall make an examination and the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date find- ings of receipt a majority of three shall iule. Expenses of the original notice, or fails to report to work within the time period outlined above, such employee third (3rd) physician shall be considered to have resigned borne equally employee and shall forfeit his recall rightsCompany. Should such employee be prevented Employees separated from returning to work due to illness service because of physical or accident he shall retain his recall rights and the Company mental disability shall be at liberty returned to recall another employeetheir proper places if and when cause of disability is removed. The employee Employees shall be obtain required to show proof of such illness or accidentphysical examinations in those locations where their bid work commences and only from doctors approved by the Company.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
LAYOFFS AND RECALLS. When a reduction is required, the affected employee(s) and the Chief Xxxxxxx will be notified by the applicable supervisors ten (a10) Employees working days in advance of such a reduction. When a reduction is required, probationary employees will be laid off in reverse order of seniority whenever there is first. When a reduction of employees is required in any Electronic Technician (ET) classification in a Branch, the least senior ET employee(s) will be laid off by Branch. When a reduction is required in the bargaining unitMaintenance Branch, the least senior employee(s) in the Work Center/Classification to be reduced will be laid off. The only When a reduction is required in the Helicopter Branch, the least senior employee(s) in the Classification to be reduced will be laid off. When a reduction is required in the Aircraft Branch, the least senior employee(s) in the Classification to be reduced will be laid off. Transient Alert Center will be treated separately as an individual Work Center for the purposes of this Article IV, Section 2. When a reduction is required in the Transient Alert Center, the least senior employee(s) in the Work Center/Classification to be reduced will be laid off. Before hiring the Company will recall the most senior laid off Employee(s) to perform the work in areas from which laid off. As an exception to Sec 3(c) of this provision is Article IV, when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position reports within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting periodin response to recall that he or she cannot report to work within fifteen (15) days due to a temporary disability as documented by a Doctor's note, the that employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails permitted to report to work within the time period outlined abovethirty (30) days. During such delay, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall may recall the next senior employee to perform the work. An employee who refuses such a temporary recall will still be at liberty to eligible for recall another employee. The employee shall be required to show proof of such illness or accidentas defined in this Article IV.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
LAYOFFS AND RECALLS. (a) 18.1 When layoffs of Employees will are to be made, the Employer shall determine which jobs are to be left vacant or abolished and the number of Employees to be laid off in reverse order of seniority whenever there is a reduction of employees in the bargaining unitoff. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify advise employees whose position is to be eliminated due to and the loss union, by way of work at a specific site or notice posted in the loss of the entire site at least workplace, five (5) working days prior to the effective date of termination weeks in advance of the positionproposed layoff. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in In lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the Company shall pay an affected employee accepts five (5) weeks pay or a combination of pay and notice. Employees who are displaced in accordance with article 18.5 shall be deemed to have received notice of layoff at the recalltime of the posted notice.
18.2 The Company may offer a senior employee within an affected job or classification a voluntary separation package as part of a work force reduction program. The Company agrees to consider an application from a senior employee, in an affected job or classification, who may wish to volunteer to be laid off if it would prevent the layoff of a junior employee.
18.3 Where Employees are to be laid off from a job, such layoffs shall proceed in inverse order of seniority from within the same job, provided that no Employee is to be displaced by a more senior Employee unless the latter meets the qualifications for the position.
18.4 A Full-time Employee to whom notice of xxxxxx has been given may apply her/his seniority to another job at the same or lower wage level provided she/he possesses the qualification requirements as set by the Employer, and is capable of efficiently performing the job will to which they wish to apply their seniority, within a four (4) week familiarization period. Employees who are eligible to displace another employee but elect to be held open for laid off from their employment shall, in addition to the payments under Article 18.7, receive one (1) calendar day from the day additional week of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time severance pay per year of recall, the Company will hold the position vacant for two service to a maximum of twelve (212) additional weeks if the Company has received appropriate advance notice from its clientof severance pay.
(e) In circumstances where the Company must fill vacant positions without delay, the Company 18.5 An Employee who wishes to exercise her/his bumping rights shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice do so within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.four
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) Employees will An Employee may be laid off in reverse order because of seniority whenever there is shortage of work, shortage of funds, technological change, reorganization of a reduction function, or because of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that elimination of a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence position or (5) loss of position on a siteclassification.
(b) The Company Employer agrees that volunteers will not perform work normally performed by members of the Bargaining Unit.
16.2 When it is necessary to invoke staff reductions it will be completed, whenever reasonably possible, by resignations and retirements.
16.3 All applicable vacancies shall notify employees be identified and the Employee shall be assigned to the position of their choice, subject to consideration of the provisions herein.
(a) If there is more than one Employee affected, their order of preference shall be determined by their order of seniority.
(b) If a position is to be transferred to another location and the job remains, the incumbent in the position will follow the position without competition.
(c) When schools are scheduled for closure the administrative personnel are transferred to the new location with the majority of students with no loss or reduction in secretarial assistance to them then secretarial/clerical Employees will also be transferred and after the transfer has been completed, reductions will be done by seniority. Should this transfer result in the new location having a surplus of Employees, staff reductions would occur pursuant to Article 16.6.
(d) Where an Employees position is relocated, the Employee shall be offered the position in the new location. The Employee may decline the offer in which case the Employee will be served with a layoff notice and have the right to exercise their rights under the provisions of this Article 16.
16.4 When Employees are to be laid off, the Employer will advise and consult with the Local as soon as reasonably possible after the change appears probable with a view to minimize the adverse effects, of the decision to lay off the Employees.
(a) Thirty (30) calendar days notice of layoffs shall be sent by the Employer to the Local and the Employee who is to be laid off. No notice is required to be given to Employees displaced in accordance with this Article.
(b) Notices pursuant to this section shall include the effective date of lay off and the reasons therefore.
16.6 In the event of layoffs:
(a) For the purposes of the Article, the "same classification" means:
1 School Administrative Assistants Central Office Administrative Assistants 2 Head Payroll Clerk Payroll Clerks 3 Accounts Payable Clerk Accounting Clerks Receptionist/Clerk Transportation Clerk All other classifications will be stand alone;
(b) The Employer shall give a notice of lay-off to the Employee whose position is to be eliminated due to the loss of work at a specific site temporarily or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.permanently affected;
(c) If there is more than one Employee in the same classification at the work location affected by the lay-off, the most junior Employee shall be laid off provided the senior Employees are, in the Employer's judgment, able to fully and competently perform the remaining work;
(d) The Company Employee in receipt of the notice of lay-off shall generally be entitled, at their discretion, to displace the most junior Employee in the same classification, same percentage, who is employed in the same County provided the Employee is able to fully and competently perform the work. If no such position exists, then the Employee will be entitled to;
(e) Displace, at their discretion, the most junior Employee in the same classification, same percentage who is employed in the other County provided the Employee is able to fully and competently perform the work.
(f) Notwithstanding Article 16.6 (d) and (e) the Employee may displace the most junior Employee who is employed in the same classification, lesser percentage in the same County provided the Employee is able to fully and competently perform the work. If no such position exists then the Employee will be entitled to;
(g) Displace, at their discretion, the most junior Employee in the same classification, lesser percentage, who is employed in the other County provided the Employee is able to fully and competently perform the work.
(h) Accept Lay off
16.7 An Employee will have a maximum of two (2) full days to exercise their rights at any of the foregoing steps of the placement/displacement procedures provided herein.
16.8 Upon recall all Employee benefits accumulated up to the date of their layoff, will be reinstated.
(b) Employees who are laid off shall be placed on a recall list. The Employer shall give notice of recall by registered mail to the Employee's last recorded address. Employees are responsible for keeping the Employer informed of their current address and telephone number.
(c) An Employee on layoff will have a maximum of the employeefive (5) full calendar days to provide notice of acceptance to a recall to any job. The employee Employee shall keep then be allowed two (2) weeks from the Company informed date of the employee's present address such notice of location where he may be reached. The employee who fails acceptance to do so shall forfeit his right report for work, if employed elsewhere, without loss of recallseniority rights.
(d) IfIf a laid off Employee does not receive a position in accordance with Article 16.3, they will be considered for all temporary work within one (1) calendar day from the receipt their classification. The acceptance of such noticetemporary work shall not in any way alter or affect the Employee's employment status, and the terms and conditions of the Agreement applicable to their status shall continue to apply. During such periods of temporary work, the employee accepts the Employee shall remain on recall, and the job will recall period shall be held open for one (1) calendar day from extended by the day length of time the Employee performed the temporary work.
16.10 Subject to consideration of ability, experience, qualifications, Employees placed on the recall list shall be recalled by order of seniority to any vacant position in the same classification of the employee's acceptanceEmployee. In If the event that such position to which the Employee is recalled employee is employed elsewhere at outside the time of recallgeographical district in which the Employee was formally employed, the Company will hold Employee shall be entitled to refuse the position vacant notice of recall without affecting their rights for further recall.
16.11 If the layoff lasts for more than two (2) weeks if years without recall, the Company has received appropriate advance notice from its clientlayoff shall be a termination of employment and recall rights shall lapse.
(e) 16.12 No new Employee shall be hired in a classification unless all Employees in that classification on the recall list who are able to perform the work required have had an opportunity to be recalled subject to consideration of ability, experience, qualifications.
16.13 In circumstances where the Company must fill vacant event of recalls to positions without delaywithin a classification, Employees previously laid off from that classification will be recalled to the classification in the order of their seniority.
16.14 It shall be a condition of possible future recall that all Employees keep the Employer informed of their current mailing address and telephone number.
16.15 The Presidents of the Local will be provided with a copy of all lay-off notices and a current seniority list prior to the notices being given to the Employees.
16.16 Where an Employee is placed in a vacancy in accordance with this Article, the Company Employer shall give notice of recall by telephone until able provide sufficient and adequate orientation to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines Employee taking the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) 21.01 In the event of any staff reduction by the City, Employees will within each affected classification shall be laid off in the reverse order of seniority whenever there is a reduction of employees provided that the remaining Employees have the abilities and qualifications to immediately perform in the bargaining unitpositions available. The only exception City and Union agree to this provision is when meet and work out the client requests in writing that a specific security guard be retained at their siteadministrative procedures and sequence of layoffs. Guards can bump due to Recalls are null and void after six (16) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a sitemonths.
(b) The Company shall notify employees whose position is to be eliminated due to 21.02 In the loss of work at a specific site or the loss event of the entire site at least five layoff of a Permanent Full-time Employee, such Employee shall be given fifteen (515) working days prior of notice of layoff or pay in lieu of such notice where the layoff is caused by circumstances beyond the control of the City. Other Employees shall not be entitled to notice of layoff.
21.03 No new Employee shall be hired within a classification until those laid off have been given an opportunity of recall pursuant to Clause 21.05.
21.04 An Employee shall give the effective date City fifteen (15) days of notice of termination of the position. Such employee will employment if he wishes to resign in good standing.
21.05 Employees shall be entitled to bump junior employees at other sites recalled in order of their seniority within their classification, provided they are fully qualified to maintain employment and status. The company will meet with perform the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of available work. During the up to five (5) days waiting period, the employee will Recall notice shall be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the Employee’s last recorded address on record with the City. It is the responsibility of each Employee to notify the employeeCity promptly in writing of any change in address. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee When recalled, an Employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within fifteen (15) days of the time period outlined above, such employee shall be considered to have resigned and date of recall notice shall forfeit his claim to re-employment.
21.06 Notwithstanding Clause 21.05 should all Employees eligible for recall rightsin any classification fail to report, the City may offer the available position to an Employee who has been laid off in a higher classification on the basis of seniority provided that, in the sole opinion of the City, they are qualified to perform the available work. Should The Employee accepting such employee an offer shall not sacrifice their recall seniority within their original classification.
21.07 After the six (6) month recall period, a Permanent Full-time Employee shall be prevented from returning eligible for a severance allowance at their regular rate of pay at the time of lay-off according to work due the attached schedule. Severance allowance for Permanent Part- Time Employees will be prorated based on Full-Time equivalent. An Employee, at any time during their six (6) month recall period, may elect to illness or accident he shall retain his give up their recall rights and receive the Company shall severance allowance. 3 6 4 8 5 10 6 12 7 14 8 16 9 18 10 20 11 22 12 24 13 26 14 28 15 30 16 32 17 34 18 36 19 38 20 40 20+ 40 This City will continue to pay for benefits, after the notice procedure timeframe, in accordance with the following schedule: Employees with five (5) or less years of service – one (1) month Employees with five (5) plus years of service – two (2) months
21.08 A Farewell Recognition Award will be at liberty to recall another employee. The provided for a Permanent employee shall be required to show proof of such illness or accident.as per
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) Employees will 15.01 Both parties recognize that job security should increase in proportion to length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of seniority. Employees shall be recalled in order of their seniority whenever there providing they are qualified to do the work.
15.02 No new employees will be hired until those laid off have been given an opportunity of re- employment.
(a) The Corporation shall notify employees who are to be temporarily laid off in accordance with Article 15.06 (c) a minimum of seven (7) working days before the layoff is a reduction to be effective. If the employee laid off has not had the opportunity to work seven (7) full days after the notice of employees layoff, he shall be paid in the bargaining unit. The only exception to this provision is when the client requests in writing lieu of work for that a specific security guard be retained at their site. Guards can bump due to part of seven (17) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a sitedays during which work was not made available.
(b) The Company Corporation shall notify employees whose position who are to be permanently laid off by providing a minimum of twenty-one (21) calendar days before the layoff is to be eliminated due effective. Notwithstanding the above, the Corporation may provide as much additional notice as possible.
15.04 In order that the operations of the Union will not become disorganized when layoffs are being made, members of the Local Executive Board shall be the last persons laid off during their term of office as long as full-time work which they are qualified to perform at their own or a lower wage level is available.
15.05 After so advising the affected employee in writing of available employee benefits at time of layoff, the Corporation agrees to pay its share of premiums for group insurance plans so requested in writing by the employee for the ninety (90) days following the date of layoff, and subject to the loss employee submitting payment, via payment type accepted by the Employer, for his full share at time of work at layoff. In the event of a specific site or the loss longer layoff, not exceeding twenty-four (24) months, and subject to approval of the entire site at least five (5) working days prior to policy carrier, eligible employees may continue their specified benefit coverage by providing Human Resources with payment on or before the effective date second month of termination layoff, representing the full premium costs of the positionbenefit. Such It is understood that should the employee will be in arrears of such payment, the Employer shall be entitled to bump junior employees at other sites cancel the benefit coverage.
(i) An employee with seniority in order the bargaining unit whose job is permanently affected after the signing of this Agreement, by way of being discontinued or changed in a manner that will reduce the employee's rate of pay or regular hours of work, may if he chooses, make a decision, to maintain employment displace a less senior individual, provided the senior employee has the necessary qualifications and statusas follows:
1. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said Within five (5) working days, declare the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desirefirst junior individual.
2. If unsuccessful, within two (c2) The Company shall generally give notice of recall by registered mail to working days declare the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recallsecond junior individual.
(d) If3. If still unsuccessful, within one (1) calendar day working day, declare the third and final junior individual. It is understood that the Talent Acquisition Advisor will assist the affected employee to determine suitable bump choices. Should the senior individual successfully displace a junior individual, they then shall be given four hundred and fifty (450) hours worked to demonstrate their ability to perform the selected position. It is preferable in each case that the bump be restricted to the most junior individual in the selected job at the selected work location, division and department to avoid disruption within the work environment. It is further understood that should an individual be displaced from a temporary position, then the receipt of individual shall return to his former permanent position, if one exists. Should the individual not have a permanent position to return to, then he shall exercise his seniority rights in accordance with the above. Other employees who are affected by such noticea move shall be allowed to exercise their seniority rights in the same manner. Any employee displaced will be notified by Human Resources with information as to his rights under this clause, specifically the employee accepts shall be permitted to declare as noted above up to three (3) junior individuals to be displaced for which they believe they possess the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptancenecessary qualifications. In the event that such recalled an employee is employed elsewhere at unable to find a suitable position due to being displaced, he shall be considered laid off.
(ii) The Corporation’s decision on acceptance or denial of a bump shall be communicated in writing to affected employees within five (5) working days.
(iii) Transfers resulting from the time displacement of recallactive employees shall be held in abeyance until all transfers can take place. No employee will suffer any loss of wages while awaiting a transfer under this clause. Once the last employee affected by this process is confirmed, all transfers of affected employees shall be made within seven (7) working days.
(b) In the case where the employee’s bump selection is accepted, the Company employee will hold be given an orientation and assessment period not to exceed four hundred and fifty (450) hours worked. Should the position vacant Corporation deem the employee unsatisfactory, unsuitable, medically unfit or unavailable for work, the employee will be laid off in accordance with Article 15.06
(a) The Union shall be notified and a meeting, if requested, will be held within five (5) days between two (2) weeks if representatives of the Company has received appropriate advance notice Union and two representatives from its clientManagement (Human Resources and the affected department).
(ea) Such decision by either Party will not prejudice future consideration of the employee under a posted vacancy for the same position. Any other employee displaced as a result of rearrangement of the position shall be returned to his position without loss of seniority and wage or salary. Should the employee find the second position unsatisfactory, the employee will be laid off in accordance with Article 15.06 (a). It is permissible to receive notice of layoff and exercise seniority rights to a maximum of three (3) consecutive times, after which the employee must stay in that third position or transfer through competition for a posted vacancy. It is further understood the employee may be considered for posted vacancies and is exempt from Article 14.20.
(c) In circumstances where involving a temporary layoff at a particular location or operation within the Company must fill vacant positions without delayRegion for a period of thirty (30) days or less, laid off employees may exercise their seniority rights by displacing an employee with less seniority in their classification for the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt duration of the original noticelayoff. For layoffs in excess of thirty (30) days, or fails to report to work within the time period outlined above, such employee Article 15.06 (a) shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accidentgovern.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) In the event of layoffs due to a reduction in force, probationary employees within the affected classification(s) will be the first to be laid off. Employees will be laid off from and recalled to their regular job classifications in reverse order accordance with their house seniority, provided they have the qualifications to perform satisfactorily the work available in their regular job classification. All layoffs will be conducted in compliance with the provisions of seniority whenever there the Stardust arbitration award of 1997. It is the responsibility of the employee to advise the Employer of a reduction of change in either address or telephone number. In accordance with their seniority, employees in layoff status will be offered, but not required to perform (subject to subparagraph {c}), all extra work in their classifications except for banquets or parties, before extra employees are hired, before steady extra employees are offered such work, and, to the bargaining unit. The only exception extent practical, before regular employees are assigned to this provision is when the client requests work their sixth (6th) day; provided, however, that such employees who are offered and accept extra work shall be paid as extra employees for such work in writing that a specific security guard accordance with Section 10.05, but shall not be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.Tropicana Resort & Casino 46
(b) The Company shall notify In the event of a layoff because of circumstances affecting only a portion of the establishment such as a room closing, the affected employees whose position may be laid off without regard to house seniority, provided the layoff is scheduled to be eliminated due fourteen (14) days or less, or, in the case of housekeeping department employees, the layoff is scheduled to be seven (7) days or less. (c) Employees to be laid off in accordance with Section 20.03(a) may be laid off without regard to their respective house seniority as each completes his/her current workweek. At the loss time of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow layoff the employee to review options and make an informed decision shall state availability or nonavailability for extra work; where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting periodindicates availability, the employee will shall not be entitled to be called for extra work after he/she refuses two (2) out of seven (7) offers. Notwithstanding the foregoing, an employee may declare unavailability for extra work for a definite period while on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recalllayoff.
(d) If, within one Employees shall be recalled to their regular job classifications in accordance with the following procedures:
(1) calendar day from If a position is restored less than 90 days of when it was eliminated, and if the receipt of such noticeperson who held it is still actively at work, the employee accepts person is returned to the recallposition, or if the person who held it is on layoff, the job will most senior person on layoff is recalled to it, except that if multiple people on layoff are to be recalled at about the same time to several positions that have been restored or created, and the person who formerly held open the position is one of those to be recalled, then the person is returned to his/her former position regardless of the relative seniority among those to be recalled.
(2) If a position is restored 90 days or more after it was eliminated, or a new position is created, it is put up for one bid. This is true even if the person who formerly held the position is still actively at work. All regular employees may bid, but laid off employees may not bid. If there are no bidders, the most senior person on layoff is recalled to the position and cannot refuse it. Tropicana Resort & Casino 47
(3) Employees who obtain a position by bidding shall not be eligible for another transfer under this subsection or under Section 20.04(b) for six (6) months. Those who are transferred to a position without bidding remain eligible for transfer under those provisions.
(4) The provisions of paragraph (1) calendar day from shall apply to any position eliminated on or after September 11, 2001 and before May 1, 2002 if it is restored at any time prior to December 31, 2002, regardless whether the day restoration is within 90 days of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its clientelimination.
(e) In circumstances where Employees who were laid off on or after September 11, 2001 and not recalled before May 1, 2002 shall be entitled to retrain in a program conducted by the Company must fill vacant Southern Nevada Joint Management Culinary & Bartenders Training Fund or a training program for hotel services conducted by an institution licensed as a postsecondary educational institution by the State of Nevada, to enable them to qualify for placement in positions without delay, either in the Company shall give notice classifications covered by this Agreement or in other classifications of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
hotel-casino work. (f) If Specialty/Gourmet Room Cooks will not be laid off under the employee declines terms of Section 20.03 (b) where they are immediately qualified to perform the positionwork of cooks in their classifications in other kitchens, or fails provided they have sufficient classification seniority to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rightsdisplace cooks in other kitchens. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident20.04.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALLS. (a) Employees will A layoff shall be defined as a reduction in the work force and shall include reduction from full-time to part-time status.
(i) In the event layoffs become necessary, employees shall be laid off in the reverse order of their seniority whenever in their respective divisions. Notwithstanding the foregoing, when an employee’s position has been identified as surplus and the employee is identified for transfer, such employee will be provided with two (2) weeks written notice and: will first be placed, in order of seniority, into a vacant position with the same classification, FTE, 10/12 month status and with the same hourly rate of pay. Where there is no suitable vacant position available, the employee shall have the right to first bump into the least senior employee’s position in the same classification provided that position carries an equal or lesser salary without a reduction of employees in the bargaining unithours of work. The only exception Board shall provide the Union and employees who are to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, laid off or bumped two (2) being bumped by a senior guard, (3) client removal weeks written notice or pay in lieu of notice for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a sitethe employee.
(bii) The Company In all cases of layoff or bumping, suitable vacancies shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days utilized prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or individual exercising bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desirerights.
(c) The Company shall generally give notice of recall by registered mail least senior employee who is bumped from their position and is identified for layoff, and has not been given two (2) weeks’ notice, will be transferred to the last recorded address supply list for up to two (2) weeks without loss of salary and benefits while actively providing service to the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recallsupply list.
(d) If, within one (1) calendar day from Employees shall be recalled in the receipt order of such notice, their seniority provided they are qualified to do the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its clientwork.
(e) In circumstances where New employees shall not be hired until those laid off within the Company previous one hundred twenty (120) calendar days have been given the opportunity to recall. Employees recalled within the one hundred twenty (120) calendar day period will not suffer any loss in seniority. Employees being recalled will be sent a registered letter and must fill vacant positions without delay, provide a written response within ten (10) working days of the Company shall give notice of recall by telephone until able to find a qualified employee who date the letter is prepared to report to work immediatelymailed.
(f) If In the employee declines event of layoffs, employees who have lost seniority by reasons of having transferred to another division shall have the position, or fails right to respond return to the notice within one (1) calendar day from the date of receipt division in which they were previously employed, thereby regaining seniority status in accordance with Article 18 of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rightsagreement. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.DRAFT #2
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (15.01 when it becomes necessary to decrease the workforce be- cause of lack of work in the plant, it will be applied in the following manner;
a) Employees Summer students followed by probationary employees will be laid off first.
b) If additional employees are to be laid off, they will be the most junior employees of the plant-wide seniority list.
c) In cases where employees are unable to fill the exist- ing jobs because of physical disability or sickness, this clause shall not apply, and the employee concerned shall be laid off until a suitable opening occurs. this article will comply with the workplace Safety and Insur- ance act.
15.02 If layoffs are still necessary, the same will be applied in reverse order the following manner.
a) an employee on the plant seniority list will be transferred to replace a shorter service employee, provided such employee is capable of doing the work of the shorter service employee. In cases where employees are un- able to fill the existing jobs because of physical disability, or sickness, this clause will not apply, and the employee concerned will be laid off until a suitable opening oc- curs. the fact that an employee has been so designated will not affect his/her regular seniority standing and he/she will resume the same as soon as the special reasons in his/her case cease to exist.
b) at each layoff or recall following layoffs, certain individu- al employees whose services are required under special circumstances may be retained in, or called to service regardless of their seniority. Such designation will not become effective until approved by the Human Resourc- es Manager and the Plant Chairperson and committeep- erson concerned, and will cover only employees whose positions cannot be filled by those with seniority.
15.03 In the application of seniority whenever there is a reduction of to layoffs, employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at on the basis of their site. Guards can bump due seniority must have the ability to (1) loss do the work available satisfactorily within a reasonable period of sitetime, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee which will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of work week. an em- ployee who elects and does try, and is not satisfactory, will then be laid off; and no employee then assigned to such notice, the work will have any claim to retroactive pay for such period. an employee accepts the recall, who elects to try the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice do so within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.five
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a15.01 In the event of permanent layoff, the Employer will provide the affected Employee(s) Employees will be laid off with notice in accordance with the Employment Standards Act. The Employer shall layoff in the reverse order of seniority whenever in the classification where the layoff is going to occur provided that there remain on the job employees who have the skills and ability and immediate qualifications to perform the work. An employee who is a subject to layoff or reduction of employees in hours which is anticipated to be more than sixty (60) calendar days shall have the right to either:
i) Accept the layoff or reduction; or
ii) Displace, and or replace lost hours from an employee with lesser bargaining unitunit seniority, provided the employee originally subject to layoff is immediately qualified for and can perform the duties of the job without training, other than orientation. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss decision of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish chose (i) or (ii) above shall be given in writing to bump intothe Food Service Supervisor within seven (7) calendar days following the notification of layoff or reduction of hours. The parties will attempt Employees failing to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee do so will be entitled deemed to be on top have accepted the layoff or reduction of the spare board list if they so desirehours.
(c) The Company 15.02 Employees shall generally give notice be recalled from lay-off or offered additional hours which become available within their classification in order of seniority. Notice of recall in the case of lay-off, shall be sent by registered mail to the employee’s last recorded address of the employeeknown address. The employee shall keep must respond in writing to the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
notice within seven (d) If, within one (17) calendar day from the days of receipt of such notice, of her intention to either accept or decline the employee accepts the offer of recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to she does not respond to the notice within one (1) calendar day from in the date case of receipt of the original noticelay- off), or fails to report to work within the time period outlined above, such employee she shall lose all seniority and shall be considered to have resigned and her employment.
15.03 No new employees shall forfeit his recall rights. Should such employee be prevented from returning hired until all those laid off or who have suffered a reduction of hours have been given an opportunity to return to work due or accept additional hours and have failed to illness do so, in accordance with this Article, or accident he have been found unable to perform the work available without further training other than orientation.
15.04 Each employee shall retain his recall rights and keep the Company employer informed of any changes in their employment-related information. The Employer shall be at liberty entitled to recall another employee. The rely on the most recent address and telephone number furnished by the employee shall be required to show proof of such illness or accidentfor all purposes.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. Section 1. Hospital-wide seniority, both in and out of the bargaining unit, shall apply to the selection of employees for layoffs and recall there from. Supervisors returning to bargaining unit positions prior to January 1, 2015 will be credited with seniority accrued through the first-line supervisor level.
Section 2. When it becomes necessary to lay off employees within the bargaining unit, after determining the impacted positions, the Hospital will notify the employees holding positions subject to layoff and the Union (ato the Union Business Agent or delivered to the Union office) Employees at least thirty (30) days in advance of the date of the layoff. The Hospital will provide the impacted employee with a bump list as well as advise them of any vacant positions for which the employee is qualified. An employee whose position is being eliminated shall have preference for posted vacancies with the same or equivalent work schedule for which they are qualified in the event they choose not to exercise their bumping rights. Upon request, the Hospital will meet with the Union representatives to discuss the layoff.
Section 3. In the event of layoff, employees in the bargaining unit in the impacted positions as identified by the Hospital shall be laid off in reverse the following order: • First, all temporary employees. • Second, all probationary employees by inverse order of seniority whenever there is hiring. • Third, all per diem employees. • Fourth, regular full- and part-time employees by inverse order of seniority.
Section 4. Employees affected by a reduction of employees layoff may bump a less senior employee in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow unit provided the employee is qualified to review options perform the available work. Qualified means the ability to fill the position in an acceptable manner with reasonable supervision and make an informed decision where they wish orientation up to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days a maximum of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, and includes the company will provide payment ability to pass any competency and skills test required of the position. Employees may not bump into a position with greater regularly scheduled hours unless necessary to match the earnings level of the employee’s position.
Section 5. Employees affected by a reduction in lieu force are limited to two (2) bump applications. Employees may be required to make their bump selection within forty-eight (48) hours after a current list of work. During the up to five (5) days waiting periodnames, classifications, seniority dates, total hours held, the shift and the weekend rotation, if any, has been made available.
Section 6. Notice shall be given “in person” to the employee who has been bumped when reasonably possible but in cases where such “in person” notice is not reasonably possible, such employee will be entitled to be on top of the spare board list if they so desirenotified by telephone.
(c) The Company shall generally give notice Section 7. Employees may bump under the provisions of recall by registered mail to this Article only if the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open layoff is for one (1) calendar day week or more. Layoffs of less than one (1) week will be used only when necessary in exceptional cases and not in a repetitive manner to avoid bumping. Effective January 1, 2015, first line supervisors and all other non-bargaining unit employees shall be prohibited from bumping into a bargaining unit position.
Section 8. If an employee bumps or bids to a lower or higher paying position, he or she will be paid the day applicable rate for that position.
Section 9. At any point in the procedures under this Article, the Hospital and the employee may mutually agree that the employee be laid off rather than exercise bumping rights.
Section 10. Rights of Employees Bumped.
Section 11. Employees who have been laid off will be eligible for recall for up to eighteen (18) months after the effective date of layoff. Eligible employees shall be recalled in the inverse order of their layoff. Eligible employees will be recalled during the eighteen (18) month period before a temporary employee is hired into the position from which the employee was laid off.
Section 12. Employees who have been laid off shall continue to receive the benefits of Article 32 for a period of ninety (90) days following the effective date of the employee's acceptancelayoff. Thereafter, employees who are laid off may continue to participate in the medical-Hospital plan by paying to the employer the full cost of the plan for a period of one (1) year following their layoffs.
Section 13. In the event that such recalled of a layoff, an employee may request payment of unused holiday or vacation pay.
Section 14. When a department or unit is employed elsewhere at the time temporarily closed (a period of recall, the Company will hold the position vacant for two (2) weeks or less), if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill there are vacant positions without delayavailable elsewhere in the Hospital, the Company shall give notice qualified employees will be offered those positions in order of recall by telephone until able to find seniority. Temporarily displaced employees not offered or accepting a qualified employee who is prepared to report to work immediatelyposition elsewhere may use accrued vacation or holiday time or accept layoff for purposes of receiving unemployment benefits only.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALLS. (a) Employees will be laid off 1. In the case of layoffs and recalls the Company agrees to give preference according to seniority to employees provided they have the necessary qualifications to satisfactorily perform the work available. However, in reverse order of seniority whenever there is the event an emergency occurs, one shift or less, affecting a reduction Department, Line or Group of employees they may be accomplished without regard to seniority. This clause will not be used for the purpose of filling-in jobs without regard to seniority.
2. In case a planned layoff occurs for one day or more, the bargaining unitCompany agrees to give preference to seniority provided they have the necessary qualifications to satisfac torily perform the work available.
3. The only exception to this provision is when Company will give the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, Union three (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date notice of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment a proposed indefinite layoff and status. The company will meet discuss such layoff with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptanceChief Xxxxxxx. In the event that such recalled employee is employed elsewhere at of a dispute concerning the time of recalllayoff, the Company may proceed with the layoff in the manner planned; and the employees affected shall have recourse to grievance procedure. The Company will hold also give the position vacant for two employees affected three (23) weeks if the Company has received appropriate advance working days notice from its clientof an indefinite layoff.
(e) In circumstances where the 4. The Company must fill vacant positions without delaywill calculate weekly, the Company number of employees required for the 1st, 2nd, and 3rd shifts. After allowing for absentees, the exact number of employees required will be assigned according to Seniority provided they have the necessary qualifications to satisfactorily perform the work available. All employees below the required number will be termed as laid off.
5. In the event of a layoff involving bid in Sanitarian positions, when scheduling employees for Sanitation Clean-Up, the eight (8) most senior bid-in Sanitarians will be scheduled to work. Any sanitation positions required above the eight (8) bid-in Sanitarians will be bumped by Seniority. If there are employees with the same qualifications and more seniority than the most senior eight (8) and have worked in Sanitation Clean-Up within the last year, they may displace one of the eight (8).
6. Employees who do not have the necessary qualifications to satisfactorily perform the work available by virtue of having signed “off” heavy labour, sanitation clean-up or both, shall give notice of recall by telephone until able to find a be laid off and the highest qualified employee from the layoff shall be reassigned to fill the vacancy. Employees who is prepared accept sanitation clean-up to report avoid the layoff do not have the right to work immediatelyon their bid jobs. Any employee coming off the layoff or sanitation clean-up to accept heavy labour will occupy their own bid job provided it is a heavy labour job.
(f) If 7. In the employee declines case of layoffs or recalls in the positionPlant Unit, Plant Unit employees will displace probationary employees in the Laboratory Unit providing they have the necessary qualifications to perform the work available.
8. In the case of layoffs or fails recalls in the Laboratory Unit, Laboratory employees will displace probationary employees in the Plant Unit providing they have the necessary qualifications to respond to perform the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accidentavailable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALLS. 16.01 The temporary lay-off and recall of seasonal employees shall not be subject to the lay-off and recall provisions of this collective agreement. However, in the event that a seasonal employee is indefinitely laid off, such lay-off shall be governed by the lay-off and recall provisions of this agreement.
16.02 When an employee is transferred or promoted from one section to another, he or she shall retain his or her bargaining unit seniority earned in other sections for the purpose of layoff and recall.
16.03 An employee shall lose his or her seniority (subject to complaint or the grievance procedure) and his or her employment shall be terminated when:
(a) Employees will An employee has been laid off for more than twenty-four (24) months and has not worked any hours since the layoff.
(b) An employee voluntarily terminates his/her employment or is discharged (and the discharge is not reversed through the Grievance or Arbitration procedure).
(c) An employee fails to report to work within one (1) week after receiving and signing for a notice, mailed by registered mail, or recall to work after a layoff, unless the employee has just cause for not returning to work within the one (1) week.
16.04 In the event of a layoff, employees shall be laid off in reverse order of seniority whenever there is a reduction within their section of work, providing the employees remaining have the qualifications and are able to perform the work available without additional training. The qualifications are to be reasonable and set out in the bargaining unit. The only exception job description.
16.05 An employee who is subject to this provision is when layoff shall have the client requests in writing that a specific security guard be retained at their site. Guards can bump due right to either:
(1a) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.Accept the layoff; or
(b) Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff has the qualifications to perform the duties of the lower or identical classification. The Company shall notify employees whose position is qualifications are to be eliminated due to reasonable and set out in the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the positionjob description. Such employee will so displaced shall be entitled laid off subject to bump junior employees at other sites in order to maintain employment and statushis or her rights under this section. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow decision of the employee to review options and make an informed decision where they wish choose (a) or (b) above shall be given in writing to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than designated Employer representative within five (5) working days (no more than five (5excluding Saturday, Sunday and Holidays) unpaid days)following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff.
16.06 Employees shall be recalled in the order of their seniority providing such employees are able to perform the work for which they are recalled. Employees who were laid off from the section in which the work is available shall be recalled first. If an employee work is not slotted into their new position within said five (5) working daysstill available following this, the company will provide payment employees laid off from other sections shall then be recalled in lieu order of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desirebargaining unit wide seniority.
(c) The Company 16.07 New employees shall generally give not be hired until those laid off have been given notice of recall by registered mail to the their last recorded known address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared and have failed to report to for work immediatelyin accordance with Article 16.04.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) Employees will A layoff shall be defined as a reduction in the work force and shall include reduction from full-time to part-time status.
(i) In the event layoffs become necessary, employees shall be laid off in the reverse order of their seniority whenever in their respective divisions. Notwithstanding the foregoing, when an employee’s position has been identified as surplus and the employee is identified for transfer, such employee will be provided with two (2) weeks written notice and: will first be placed, in order of seniority, into a vacant position with the same classification, FTE, 10/12 month status and with the same hourly rate of pay. Where there is no suitable vacant position available, the employee shall have the right to first bump into the least senior employee’s position in the same classification provided that position carries an equal or lesser salary without a reduction of employees in the bargaining unithours of work. The only exception Board shall provide the Union and employees who are to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, laid off or bumped two (2) being bumped by a senior guard, (3) client removal weeks written notice or pay in lieu of notice for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a sitethe employee.
(bii) The Company In all cases of layoff or bumping, suitable vacancies shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days utilized prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or individual exercising bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desirerights.
(c) The Company shall generally give notice of recall by registered mail least senior employee who is bumped from their position and is identified for layoff, and has not been given two (2) weeks’ notice, will be transferred to the last recorded address supply list for up to two (2) weeks without loss of salary and benefits while actively providing service to the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recallsupply list.
(d) If, within one (1) calendar day from Employees shall be recalled in the receipt order of such notice, their seniority provided they are qualified to do the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its clientwork.
(e) In circumstances where New employees shall not be hired until those laid off within the Company previous one hundred twenty (120) calendar days have been given the opportunity to recall. Employees recalled within the one hundred twenty (120) calendar day period will not suffer any loss in seniority. Employees being recalled will be sent a registered letter and must fill vacant positions without delay, provide a written response within ten (10) working days of the Company shall give notice of recall by telephone until able to find a qualified employee who date the letter is prepared to report to work immediatelymailed.
(f) If In the employee declines event of layoffs, employees who have lost seniority by reasons of having transferred to another division shall have the position, or fails right to respond return to the notice within one (1) calendar day from the date of receipt division in which they were previously employed, thereby regaining seniority status in accordance with Article 18 of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accidentagreement.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) Employees A layoff for full-time employees or Part-Time Support Workers II shall be defined as a reduction in the work force, or a reduction in the regular hours which is not applied uniformly to all full-time employees or to all employees holding the classification of Part- Time Support Workers II.
(b) In the event that a layoff is to take place, probationary employees will be first laid off, and thereafter employees affected will be laid off in reverse order of their seniority whenever there is a reduction provided that the application of employees in the bargaining unit. The only exception to this provision is when shall be consistent with the client requests in writing that a specific security guard be employees being retained at their sitework having the ability and qualifications to perform the work required. Guards An employee who has been displaced shall be entitled to assert his/her seniority against any employee having less seniority provided such employee has the ability and qualifications to perform the work required. Employees shall be recalled to work after a layoff following the reverse procedure. Where the layoff occurs in a full-time position or positions, only full-time employees will be laid off, and a full-time employee can bump due displace only another full-time employee. Similarly, where the lay-off occurs in a part-time position or positions, only part-time employees will be laid off, and a part-time employee can displace only another part-time employee. On recall, full-time employees will be given priority on recall to (1) loss of sitea full-time position before part-time employees will be considered for recall to a full-time position, (2) being bumped by and part-time employees will be given priority on recall to a senior guard, (3) client removal part-time position before full-time employees will be considered for nonrecall to a part-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a sitetime position.
(bc) The Company shall notify No new employees whose position is will be hired until employees then on layoff who have the ability and qualifications to do the work have been recalled.
(d) Except when caused by a reason or reasons beyond the control of the Employer,
(i) all seniority employees about to be eliminated due laid off for a period not to the loss of work at a specific site or the loss of the entire site exceed thirteen (13) weeks shall receive at least five fourteen (514) working days calendar days' notice prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placementlayoff, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will shall be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of paid for the employee's present address normal scheduled days of location where he may be reached. The employee who fails to do so shall forfeit his right work within the period between the length of recall.notice he/she did receive and fourteen (14) calendar days,
(dii) Ifwhere the layoff is expected by the Employer to exceed thirteen (13) weeks, within one all seniority employees about to be laid off shall receive at least thirty (130) calendar day from days' notice prior to the receipt effective date of such noticethe layoff, the employee accepts the recall, the job will or shall be held open paid for one (1) calendar day from the day of the employee's acceptance. In normal scheduled days of work within the event that such recalled employee is employed elsewhere at period between the time length of recall, the Company will hold the position vacant for two notice he/she did receive and thirty (230) weeks if the Company has received appropriate advance notice from its clientcalendar days.
(e) In circumstances where the Company must fill vacant positions without delayevent of a layoff expected by the Employer to exceed xxxxx (8) weeks, the Company shall give notice Employer will meet with the Union President to discuss the implications of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond proposed layoff and/or possible alternatives to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accidentlayoff.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALLS. (a) Employees will be laid off The parties acknowledge as a general principle that job security increases in reverse order of seniority whenever there is a reduction of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due direct relation to the loss length of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptancecontinuous service. In the event that such recalled it becomes necessary, employees shall be laid-off in reverse seniority from within the job classification assigned to that employee. An employee is employed elsewhere at about to be laid off may displace an Employee with less seniority in an equivalent or lower rated classification provided he/she has the time necessary qualifications to perform the job. The bumping procedure shall not result in an increase in an employee’s category, classification or assigned hours. If, following the application of recallthe Educational Assistant’s Staffing Procedure, an Educational Assistant who has more than one year of seniority has suffered a loss of more than twenty-five percent of his/her hours per week, he/she may displace the least senior Educational Assistant in a location within a kilometer radius of his/her current assignment, provided he/she has the necessary qualifications to perform the job. Even though the parties acknowledge the general principle stated in hereof, the Company parties also that in some circumstances its application may create hardships on more senior employees in terms of retaining employment because of the geographic extent of the employer’s operation. Accordingly, where a lay-off will hold result in the position vacant for two (2) weeks if elimination of a job or a reduction of more than twenty-five percent of the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delayregularly scheduled hours in a job in a particular location, the Company displaced employee in that location may choose: to accept the lay-off and be placed on the recall list; to accept the reduction in hours at his/her location; the senior employee doing the bumping may bump an employee who works the same hours, less hours or more hours up to the extent of his/her current assignment. But in all cases it must be the least senior employee working the hours the employee decides to bump. New employees shall give notice not be hired or existing employees shall not have their current assignment increased until those laid-off have been given an opportunity of recall by telephone until able to find a qualified in accordance with this agreement. An employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond may be affected by a lay-off under this article shall indicate in writing to the Employer his/her choice within five days of receiving notice within one (1) calendar day of the lay-off. Employees on lay-off shall be recalled in the reverse order of their lay-off subject to the provisions of Article Employees on lay-off shall be eligible for recall for a period of twenty-four months from the date of receipt last lay-off. When it is necessary to lay-off employees, the Employer shall provide the following working notice in writing or pay in lieu thereof. if the employee to be laid off has less than five years of service; calendar days if the employee to be laid off has more than five but less than ten years of service; calendar days if the employee to be laid off has more than ten years of service; calendar days Any grievance concerning lay-off or recall shall be initiated at Step 2 The interruption of employment during the Christmas break, the Winter Holiday or the Summer Vacation for employees who are employed on a ten (IO) month basis, September to June, does not constitute a lay-off under this article. However, if an employee is not recalled after these periods, the employee can exercise his/her seniority rights under this Agreement. An employee to be recalled shall be so notified by registered mail to his/her most recent address on record with the Employer. He/she shall contact the Employer within seven days of the original notice, or fails posting date of the registered mail to report to work within accept the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rightsrecall. Should such employee be prevented from returning to work The Parties that due to illness the geographic extent of the Employer’s operations, employees shall have the option to accept recall or accident he shall retain his remain on the recall rights and list provided the Company shall be at liberty position to recall another employee. The which the employee shall be required to show proof of such illness or accidentis recalled is greater than fifty kilometers from the location from which the employee was laid-off.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. 15.01 Prior to any layoff affecting Regular Employees of the County, the parties will meet and endeavour to reduce the affect of such layoffs on Union members. Consultation shall occur prior to the issuance of any layoff notice to Union members. The Union shall be represented at such meetings by the following Chapter Officers; Chair, Secretary, Chief Union Xxxxxxx and the AUPE Staff Representative or such other persons as designated by the Union, but in any event there shall be no more than four (a4) representatives from the Union. Union members attending such meetings shall not suffer any loss of pay.
15.02 If a layoff is to be effected within a Branch, Temporary Employees will be laid off in reverse order before any Regular Employees. If the staff of seniority whenever there is a reduction of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position any Branch is to be eliminated due reduced, the County shall first determine the number of positions to be reduced within each classification within that Branch. Those Employees with the loss least amount of work at seniority within a specific site or Branch shall be the loss first Employees removed from those classifications that are to be reduced. Those Employees who are to be removed from a position may displace any Employee in a lower classification within that Branch that has less Branch seniority providing that the Employee notified of layoff is qualified to perform the duties of the entire site at least five (5) working days prior to the effective date of termination of the lower position. Such employee .
15.03 The County will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placementnotify, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment pay in lieu of such notice, the Employees who are to be laid-off according to the Employment Standards Code. The Union shall be advised at the same time as the Employee is notified.
15.04 Regular Employee(s) shall be recalled in the order of their seniority (the most senior Employee laid off shall be the first to be recalled) providing they have the necessary qualifications and ability to do the work. During The opportunity for re- employment shall exist for eighteen (18) months.
15.05 Recall notice shall be by either text or email to the up Employee's last contact information on record with the County. If the Employee fails to five respond within forty-eight (548) days waiting periodhours, the employee will be entitled to be on top of Employer shall send the spare board list if they so desire.
(c) The Company shall generally give recall notice of recall by registered mail to the Employee’s last recorded address on record with the County. It is the responsibility of each Employee to notify the employeeCounty promptly in writing of any change of address or contact information. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee When recalled, an Employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within fifteen (15) days of the time period outlined above, such employee shall be considered to have resigned and date of recall notice shall forfeit his recall rights. Should such employee be prevented from returning claim to work due to illness or accident he re-employment.
15.06 Where Employees have been laid off and recalled, they shall retain his recall rights and the Company seniority held at the date of layoff. The Union shall be at liberty to recall another employee. The employee shall be required to show proof notified of such illness or accidentall recalls.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) Employees will be laid off in reverse order of seniority whenever there is a reduction of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company Company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review revi ew options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company Company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of or location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALLS. 11.01 The Company will do everything practicable to minimize layoffs and temporary reductions. All cases of layoff will be discussed with the Unit Chairperson as far in advance as possible and a listing will be given to him/her of the number of employees from each shift and grade to be laid off. Notice to employees of layoff will be in accordance with the Employment Standards Act and will apply to employees subsequently affected by the bumping process. The provision of pay in lieu of layoff notice shall not apply in the event of fire, lightning, storm, flood, power failure, or other causes such as strikes and work stoppages in connection with labour disputes.
11.02 In the event of layoff or recall, seniority shall prevail, providing the senior employee has the required qualifications to perform the work. For clarification, the qualifications are defined under letter of understanding # 3. No seniority employee shall be laid off until all probationary, temporary or contract employees are first laid off provided the senior employee has the qualifications to do the work. For the purposes of this Article employees shall be laid off and recalled by Grade (A and B).
11.03 In event of a layoff the following procedure shall take place:
a) The Company shall declare how many employees from each shift and Grade shall be declared surplus.
b) Should any of the surplus employees have bumping rights, those rights will be exercised as follows:
i) any surplus employee(s) in Grade B shall displace a more junior employee in the same Grade on an opposite shift.
ii) failing i) the surplus employee(s) shall displace a Grade A employee on same shift.
iii) failing ii) the surplus employee(s) shall displace a Grade A employee on an opposite shift of the employee’s choice subject to their seniority rights.
iv) failing iii) the surplus employee(s) shall be placed on layoff to await recall.
c) the same process as above shall then be applied to the surplus Grade A employees.
11.04 This will not restrict the right of any employee who has the necessary qualifications from exercising his seniority rights to acquire a job in a higher Grade.
11.05 Employees reclassified under this provision shall be paid in accordance with Article 12.02.
11.06 Employees are permitted to take layoff at any step of the layoff procedure in lieu of exercising their seniority rights with the understanding that they must then await recall as provided for in the recall procedure.
11.07 The affected employees shall be shown their options by the Company and shall be required to declare their choice at that time; however, no movement will take place until the appropriate notice period has expired.
11.08 The following outlines the procedure and conditions for recall:
a) Employees will who are on layoff shall be laid off recalled in the reverse order of seniority whenever there to the highest job grade held prior to date of layoff or to a lower job grade if a signed recall form is a reduction of employees in the bargaining uniton file. (Recall Form - Appendix “D”). The only exception period of recall rights shall be in accordance with 9.01c). Such return shall be subject to this provision the employee having the necessary qualifications.
b) The procedure for recalling an employee shall be by telephone and confirmed by registered mail to the employee’s last address on record with the Company. It is when the client requests responsibility of each employee to notify the Company of any change of address. The limits related to notification to the Company and reporting to work limits are as set out in writing that Loss of Seniority 10.01 c) and d).
c) Employees who exercised their seniority rights to fill a specific security guard job in a lower grade shall be recalled to the job grade held at the time of reduction or to all grades up to their original grade. The opportunity to return to a higher job grade shall be retained at their site. Guards can bump due for a period of time equal to one (1) loss month for each month of site, seniority as of the date of reduction to a maximum of thirty- six (236) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a sitemonths.
(bd) The Company shall notify employees whose If a recall to a grade is made to a position is expected to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take last more than five (5) days and the employee refuses the opportunity, the refusal will be recorded and the opportunity will not be repeated.
e) Recall Guidelines - When the Company has requirements for additional employees, all vacant job classifications created are to be filled first by recalling employees who have the necessary qualifications.
11.09 Normal rules of seniority shall not apply during a temporary reduction in operations. A temporary reduction in operations shall be defined as any forty (40) regular working days hours, per employee, within a calendar month to a maximum of eighty (no 80) regular working hours, per employee, per calendar year. In this regard reductions of less than four (4) hours shall be recorded as four (4) hours and reductions of more than five four (54) unpaid days)hours but less than eight (8) shall be recorded as eight (8) hours. If an employee After the forty (40) or eighty (80) hours, per employee, have been exhausted, a meeting will be held with the Union to determine if the temporary reduction may be continued or whether a reduction in the work force according to seniority shall be made. The Unit Chair will not be subject to temporary reductions provided there is not slotted into their new position within said five (5) working dayswork available in the plant for which he/she has the skill and ability to perform. In the event of temporary reduction, the company Company will issue, on the next available pay cycle, a record of employment to each affected employee. The parties mutually recognize the desirability of minimizing wherever possible, the hardships caused by temporary reductions in the work force. In this regard the Company agrees that when temporary reductions in work force are necessary efforts will be made to locate alternative employment for employees so affected or to locate employees who wish to accept layoff voluntarily. The Company will provide payment in lieu employees with a minimum of worksixty (60) calendar days’ notice of any plant shutdown. During the up to five (5) days waiting period, the employee Employees will be entitled to utilize personal days and/or vacation days during a shutdown period. Should the Employer cancel a scheduled shutdown, the cancelling of vacation and/or personal days booked during such a period shall be on top of at the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address discretion of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee 11.10 The Unit Chair shall be considered deemed to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness top seniority except for when he/she is appointed/elected by the Union less than three (3) months before a layoff or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accidentreduction, which would normally affect him/her.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) Employees A layoff for full-time employees or Part-Time Support Workers II shall be defined as a reduction in the work force, or a reduction in the regular hours which is not applied uniformly to all full-time employees or to all employees holding the classification of Part-Time Support Workers II.
(b) In the event that a layoff is to take place, probationary employees will be first laid off, and thereafter employees affected will be laid off in reverse order of their seniority whenever there is a reduction provided that the application of employees in the bargaining unit. The only exception to this provision is when shall be consistent with the client requests in writing that a specific security guard be employees being retained at their sitework having the ability and qualifications to perform the work required. Guards An employee who has been displaced shall be entitled to assert his/her seniority against any employee having less seniority provided such employee has the ability and qualifications to perform the work required. Employees shall be recalled to work after a layoff following the reverse procedure. Where the layoff occurs in a full-time position or positions, only full-time employees will be laid off, and a full-time employee can bump due displace only another full-time employee. Similarly, where the lay-off occurs in a part-time position or positions, only part-time employees will be laid off, and a part-time employee can displace only another part-time employee. On recall, full-time employees will be given priority on recall to (1) loss of sitea full-time position before part-time employees will be considered for recall to a full-time position, (2) being bumped by and part-time employees will be given priority on recall to a senior guard, (3) client removal part-time position before full-time employees will be considered for nonrecall to a part-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a sitetime position.
(bc) The Company shall notify No new employees whose position is will be hired until employees then on layoff who have the ability and qualifications to do the work have been recalled.
(d) Except when caused by a reason or reasons beyond the control of the Employer,
(i) all seniority employees about to be eliminated due laid off for a period not to the loss of work at a specific site or the loss of the entire site exceed thirteen (13) weeks shall receive at least five fourteen (514) working days calendar days' notice prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placementlayoff, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will shall be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of paid for the employee's present address normal scheduled days of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered between the length of notice he/she did receive and fourteen (14) cale ndar days,
(ii) where the layoff is expected by the Employer to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.exceed thirteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALLS. (a) Employees will 17.01 In the event of a layoff, employees shall be laid off in the reverse order of seniority whenever there is a reduction provided the remaining employees have the minimum qualifications to do the work available. Employees shall be recalled in order of their seniority provided they meet the minimum qualifications of the work available.
17.02 No new employees will be hired until those employees laid off within the last two years, in accordance with Article 17, have been given an opportunity of re- employment. Employees who have been laid off in excess of two years from date of layoff notice shall have no recall rights under the Collective Agreement.
(a) An employee of the bargaining unit. The only exception unit who is to this provision is when the client requests be laid off will be notified, in writing that a specific security guard by the Corporation, fifteen (15) working days prior to layoff date. If the employee to be retained at their site. Guards can bump due laid off has not been given the opportunity to work for these fifteen (115) loss of sitefull working days, (2) being bumped by a senior guard, (3) client removal they will be paid for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a sitethe time not worked.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee to be laid off is on Workers' Compensation, Sick Leave Disability or sick leave of any kind or vacation, they will be notified as above but not slotted into required to work as above nor entitled to receive additional monies (as Article 17.03).
17.04 In order that the operations of the Union will not become disorganized when layoffs are being made, members of the Local Executive Board and the Chief Stewards shall be the last persons laid off during their new position within said five term of office as long as full time work which they are qualified to perform at their own or a lower wage level is available.
17.05 The Corporation agrees to pay its share of premiums for group insurance plans for three (53) working days, months following the company will provide payment in lieu month of worklayoff. During the up to five (5) days waiting period, the The laid off employee will be entitled to be on top pay their share of such premiums from final wages. In the spare board list if they so desire.
(c) The Company shall generally give notice event of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) Ifa longer layoff, within and not exceeding one (1) calendar day from the receipt of such noticeyear, the employee accepts the recall, the job employees so affected will be held open given the opportunity to continue the coverage through direct payment provided such process is permitted under regulations governing the plan.
17.06 Grievances concerning layoffs or recall due to a reduction in the working force shall be initiated at Step 3 of the Grievance Procedure.
17.07 An employee with seniority in the bargaining unit whose job is permanently affected after the signing of this Agreement, or by the enactment of Provincial or Federal legislation or by the implementation of a requirement for one (1) calendar day from the day of trade or occupational certification, such that an employee's job is discontinued or changed in a manner that will reduce the employee's acceptancerate of pay or regular hours of work, may if they choose displace an employee with lesser seniority in any classification covered in this Agreement provided they have the necessary qualifications. Other employees who are affected by such move shall be allowed to exercise their seniority rights in the same manner. Any employee displaced will be notified by the Corporation with information as to their rights under this clause. In the event that such recalled an employee is employed elsewhere at unable to find a suitable position due to being displaced, they shall be considered laid off.
17.08 Notwithstanding any provisions contained in Section 17 hereof, in situations where it is deemed necessary to impose layoffs because of circumstances resulting from emergencies, acts of God or other circumstances beyond the time control of recallthe Corporation, the Company will hold the position vacant Corporation may impose such layoffs without regard to seniority or any other factor for two (2) weeks if the Company has received appropriate advance notice from its clientor less providing that no employee may be laid off under this section more than once per year.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) a. Employees will be laid off in reverse order of seniority whenever there is a reduction of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) b. The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and statusemployment. The company Company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company Company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) c. The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) d. If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) e. In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) f. In circumstances where the client requires immediate permanent filling of vacancies, the Company will notify the Union for reasons of same.
g. If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. When a reduction is required, the affected employee(s) and the Chief Xxxxxxx will be notified by the applicable supervisors ten (a10) Employees working days in advance of such a reduction. When a reduction is required, probationary employees will be laid off in reverse order of seniority whenever there is first. When a reduction of employees is required in any Electronic Technician (ET) classification in a Branch, the least senior ET employee(s) will be laid off by Branch. When a reduction is required in the bargaining unitQuality Branch, the least senior employee(s) in the Work Center/Classification will be laid off. The only When a reduction is required in the Maintenance Branch, the least senior employee(s) in the Work Center/Classification to be reduced will be laid off. When a reduction is required in the Helicopter Branch, the least senior employee(s) in the Classification to be reduced will be laid off. When a reduction is required in the Aircraft Branch, the least senior employee(s) in the Classification to be reduced will be laid off. Transient Alert Center will be treated separately as an individual Work Center for the purposes of this Article 4, Section 2. When a reduction is required in the Transient Alert Center, the least senior employee(s) in the Work Center/Classification to be reduced will be laid off. Before hiring the Company will recall the most senior laid off Employee(s) to perform the work in areas from which laid off. As an exception to Section 3(c) of this provision is Article 4, when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position reports within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting periodin response to recall that he or she cannot report to work within fifteen (15) days due to a temporary disability as documented by a Doctor's note, the that employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails permitted to report to work within the time period outlined abovethirty (30) days. During such delay, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall may recall the next senior employee to perform the work. An employee who refuses such a temporary recall will still be at liberty to eligible for recall another employee. The employee shall be required to show proof of such illness or accidentas defined in this Article 4.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALLS. All cases of layoff will be discussed with the Plant Coininittee as far in advance as possible. In cases of a layoff where the duration is expected to exceed ten (aIO) working days, the will give seven (7) calendar days notice or one week’s pay in lieu thereof to employees laid off, except in the case of absent, employees laid off through bumping subsequent to the original layoff list, and laid off at their own request. The Plant will be given a listing of the laid off. This provision of pay in lieu of notice shall not apply in the event of fire, lightning, flood, power failure, or other causes such as strikes and work stoppages in connection with labour disputes. Employees will be laid off in reverse order and recalled on the basis of seniority whenever there is seniority, subject to the fact that employees who retained on the payroll of the Company, or who are recalled froin layoff, shall have the ability to perform the work. Whenever a reduction of employees in the bargaining unitwork force takes place, employees with the least seniority within the affected areas, classification, and shift shall be to layoff the following procedure A move to the first available option is mandatory. The only exception A move is conditional on the employee's ability to this provision is when the client requests in writing that a specific security guard be retained at their sitework. Guards can bump due In lieu of bumping, an employee subject to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) layoff may choose to take the layoff. The Company shall notify employees whose position is to be eliminated due to explain the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review various options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere jobs available at the time the employee is notified of recallthe lay-off. Where than one is in the same classification, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee options shall be considered to have resigned and shall forfeit his recall rightsoffered in order of seniority. Should such An employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee so notified shall be required to show proof the of such illness their intent, on the following shift after notification. An employee who does not notify the Company, or accidentwhen absent on the following shift, shall automatically be placed by the Company, and the only other option that will remain shall be the option to accept layoff.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. 24.01 A layoff is a suspension in active employment due to a shortage of work, a redundancy, or a financial exigency. The University will meet with the Union to outline the reasons for the layoff and to share any financial or relevant information that supports the business case for a layoff.
24.02 An Employee's recall rights shall lapse if layoff lasts more than sixteen (a16) Employees consecutive months without a recall and the affected person’s employment shall be deemed terminated.
24.03 All reductions in forces will be laid off made in reverse order of seniority whenever there among the Employees performing similar work.
24.04 When displacements, deletions of positions, layoffs and/or closures of divisions/departments are anticipated by the University, the University agrees to discuss with the Union as soon as possible prior to issuing lay-off notices to employees. The purpose of this meeting is a reduction of to discuss the reasons for the lay-off, review options for employees, including but not limited to reviewing the available options for employees and training opportunities. Nothing in the bargaining unit. The only exception following procedures prohibits the Union and Employer from agreeing to this provision arrangements that will reduce the impact on employees.
24.05 An employee who is when laid off shall be advised of the client requests details of their options in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site and given at least five (5) working days prior to advise the effective date Employer of termination their choice of the positionoptions provided. Such Should an employee be offered another position the details shall include an updated position description, work schedule and any other pertinent information. If more than one employee is being laid off, the process will start with the most senior employee. The following process will take place for employees who are laid off:
(a) Placement in vacant bargaining unit positions provided that in the determination of the employer, the Employee has the necessary skills to perform the work.
(b) If no vacant positions exist, pursuant to 24.05
(a) the Employee shall be entitled to bump exercise seniority to displace the most junior employees at other sites Employee in order the same classification and similar job description, providing that, in the determination of the Employer, the Employee has the necessary skills to maintain employment and statusperform the work. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company employer will provide payment in lieu of work. During on the up job training as deemed necessary to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desireassist with ensuring a successful placement.
(c) The Company If the Employee cannot displace another Employee pursuant to 24.05 (b) above, such Employee shall generally give notice of recall by registered mail be entitled to displace the last recorded address most junior Employee in the same or lower classification, providing that in the determination of the employeeEmployer the Employee has the necessary skills to immediately perform the work. The employee shall keep employer will provide on the Company informed of the employee's present address of location where he may be reached. The employee who fails job training as deemed necessary to do so shall forfeit his right of recallassist with ensuring a successful placement.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its clientThis process shall continue until there are no junior Employees to displace.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified An employee who is prepared laid off may opt to report resign with severance or go on the recall list anytime during the process. The employee may decline a position in any of the foregoing steps or if he/she is on the recall list, if the position is a different full time equivalency, a term position, or a position in a lower paid classification. The employee would go to work immediatelythe next step in the process, or remain on the recall list whichever is applicable.
(f) If the An employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee who is displaced shall be considered laid off and entitled to have resigned notice of lay- off and shall forfeit his placement/displacement and recall rights. Should such employee be prevented from returning as outlined herein.
(g) For employees who exercise their rights in article 24.05 the trial period pursuant to work due to illness or accident he shall retain his recall rights Article 2.01 (o) and the Company 14.04 shall be at liberty extended by 20 days to recall another employee. The employee assist in ensuring a successful placement.
24.06 All Employees shall be required entitled to show proof layoff notice in accordance with the following schedule:
(a) Thirty (30) Days’ notice if the period of such illness or accident.employment in the Bargaining Unit is two
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) 21.01 In the event of any staff reduction by the City, Employees will within each affected classification shall be laid off in the reverse order of seniority whenever there is a reduction of employees provided that the remaining Employees have the abilities and qualifications to immediately perform in the bargaining unitpositions available. The only exception City and Union agree to this provision is when meet and work out the client requests in writing that a specific security guard be retained at their siteadministrative procedures and sequence of layoffs. Guards can bump due to Recalls are null and void after six (16) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a sitemonths.
(b) The Company shall notify employees whose position is to be eliminated due to 21.02 In the loss of work at a specific site or the loss event of the entire site at least five layoff of a Permanent Full-time Employee, such Employee shall be given fifteen (515) working days prior of notice of layoff or pay in lieu of such notice where the layoff is caused by circumstances beyond the control of the City. Other Employees shall not be entitled to notice of layoff.
21.03 No new Employee shall be hired within a classification until those laid off have been given an opportunity of recall pursuant to Clause 21.05.
21.04 An Employee shall give the effective date City fifteen (15) days of notice of termination of the position. Such employee will employment if he wishes to resign in good standing.
21.05 Employees shall be entitled to bump junior employees at other sites recalled in order of their seniority within their classification, provided they are fully qualified to maintain employment and status. The company will meet with perform the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of available work. During the up to five (5) days waiting period, the employee will Recall notice shall be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the Employee’s last recorded address on record with the City. It is the responsibility of each Employee to notify the employeeCity promptly in writing of any change in address. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee When recalled, an Employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within fifteen (15) days of the time period outlined above, such employee shall be considered to have resigned and date of recall notice shall forfeit his claim to re-employment.
21.06 Notwithstanding Clause 21.05 should all Employees eligible for recall rightsin any classification fail to report, the City may offer the available position to an Employee who has been laid off in a higher classification on the basis of seniority provided that, in the sole opinion of the City, they are qualified to perform the available work. Should The Employee accepting such employee an offer shall not sacrifice their recall seniority within their original classification.
21.07 After the six (6) month recall period, a Permanent Full-time Employee shall be prevented from returning eligible for a severance allowance at their regular rate of pay at the time of lay-off according to work due the attached schedule. Severance allowance for Permanent Part- Time Employees will be prorated based on Full-Time equivalent. An Employee, at any time during their six (6) month recall period, may elect to illness or accident he shall retain his give up their recall rights and receive the Company shall severance allowance. 4 8 5 10 6 12 7 14 8 16 9 18 10 20 11 22 12 24 13 26 14 28 15 30 16 32 17 34 18 36 19 38 20 40 20+ 40 This City will continue to pay for benefits, after the notice procedure timeframe, in accordance with the following schedule: • Employees with five (5) or less years of service – one (1) month • Employees with five (5) plus years of service – two (2) months
21.08 A Farewell Recognition Award will be at liberty to recall another employee. The provided for a Permanent employee shall be required to show proof of such illness or accident.as per
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) Employees In the event of a lay-off, employees having the least seniority in the classification to be reduced will be laid off in reverse order of first and will be recalled based on the most senior employee by classification back to work first. • An employee, electing to exercise his/her seniority whenever there is a reduction of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard by bumping into another classification, will be retained at their site. Guards can bump due provided he/she is satisfactorily able to (1) loss of siteperform the work to be done, (2) being bumped by after a senior guard, three (3) client removal for non-disciplinary reasonsday familiarization period and a formal assessment by the Joint Health and Safety Committee. • The union plant committee will be retained in the employee of the company during their respective terms of office, (4) return from approved leave of absence or (5) loss of notwithstanding their position on a site.
(b) The Company shall notify employees whose position is the seniority list, so long as the company has work available which they are qualified for and willing to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the positionperform. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. • The company will meet provide the chairperson of the union plant committee with a list of employees to be laid off or recalled, also any cancellation of such notices. • In the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make event of an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of payindefinite lay-off, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee employees will be entitled retained based on inverse seniority and training (to be on top a maximum of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from week will be provided) to perform the receipt of such noticework required. Where the employee will not be able to perform the work with training. Then the next senior employee who can perform the work with training will be retained. In the event indefinite lay-offs occur, the employee accepts company in conjunction with the recallplant committee will have up to 48 hours to move employees onto other crews in accordance with their seniority in conjunction with the union committee. • A temporary adjustment means a reduction in the working force necessitated by unplanned occurrences which require partial or full curtailment of operations and over which management has no control. Such occurrences are usually for a limited duration and are caused for example by parts or material shortages, machinery or equipment failures, temporary tooling or production difficulties, labour disputes, emergencies or acts of God. • In the event of a temporary layoff, the job Company and the Union will mutually agree to work out methods which will be held open for one (1) calendar day from the day of the employee's acceptanceapplied in inverse seniority layoffs. In the event that such recalled employee is employed elsewhere at the time of recallcompany requires a temporary adjustment in its workforce, the Company will hold company agrees an employee who has worked eight (8) hours during the position vacant for two (2) weeks if week and the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delaywork week is canceled, the Company shall give notice company will pay each employee 85% of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If his/her base rate on the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rightsnormal pay period. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.SUB Fund
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) Employees Section 1. When the size of the work force is to be reduced for any reason as determined by the Employer, all layoffs shall be by classification within the department or departments affected. In the event of such layoffs, positions will be eliminated, if possible, before hours are reduced. In the event of such layoffs, temporary or substitute help within the classification or clas- sifications affected shall be laid off first, probationary employees within the classification or classifications affected shall be laid off next, and, if seniority employees, shall be laid off in reverse order of their classification seniority whenever there is (i.e. employees with the least seniority shall be laid off first). At the time a bus driver will have his/her hours reduced because of a loss of a run during the school year, the bus driver, a union representative and the supervisor will meet. A ten (10) calendar day written notice of layoff or reduction in hours will, when possible, be given. This will not apply for reasons of work stoppage or strikes by employees and/or employee groups, or to summer recess and other recess periods, including parent/teacher conference periods. When hours are reduced 30 minutes or more, per employee, per day or in the bargaining unit. The only exception to this provision is when the client requests in writing that event of such layoffs, a specific security guard be retained at their site. Guards can bump due to (1) loss of siteseniored employee, (2) being bumped by a senior guardhaving been laid off from his/her position may, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more later than five (5) working days of district operation (no more than five when the Education Service Center's central office is open) after a lay-off notification is issued (5) unpaid daysi.e. personally delivered or certified mail), bump an employee with less seniority, first within his/her classification if possible; if not, then an employee in a classification within the same department, who receives the same or lower rate of pay and has less departmental seniority. If an a seniority employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined abovebumped as herein provided, such employee shall be considered to have resigned laid off and shall forfeit his recall have the same bumping rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights It is understood and the Company shall be at liberty to recall another employee. The agreed, however, that no laid off employee shall be required permitted to show proof bump any employee in a different department (unless that employee has previously earned seniority in that department and is able to perform the work), any employee in a higher paying classification, any employee after the first (1st) working day following his/her layoff, any employee with equal or greater departmental seniority, or any employee whose job he/she is not able to perform. As an employer option to the notification process herein described, it is understood that the employer may establish a specific date, time and place for total bidding process among all or a part of the work force when any significant reduction or change in the work force is contemplated. Above paragraph does not pertain to Transportation Department mid-day runs. See Article X Section 1B. In the event of a layoff, exception to stipulations listed above, is individuals who had previously been awarded higher classification positions will retain the right to bump into those positions provided they continue to meet minimum qualification standards. Laid off employees, except temporary or substitute help, shall be permitted to bid on job vacancies or new positions as provided in Article X of this Agreement.
Section 2. When the size of the work force is to be increased following a layoff pursuant to Section 1, above, all recalls shall be by classification within the department or departments affected. In the event of such illness recalls, seniority employees within the classification or accidentclassifications affected shall be recalled first in the order of their classification seniority (i.e. employees with the greatest seniority shall be recalled first), and probationary employees within the classification or classifications affected shall be recalled next. All recalls shall be made by written notice sent by certified or registered mail, return receipt requested, to the employee's last known address according to the records of the Employer. Such recall notices shall specify the date upon which the employee shall return to work and such recalled employees shall return to work on the date so specified; provided, however, that if said date is within seven (7) working days following the date the recall notice is received (as indicated by a signed receipt) or returned undelivered, the employee shall have seven (7) working days following the date of mailing said recall notice within which to return to work.
Section 3. The Employer will not hire new employees to a classification within which there remains laid off employees who have not been recalled as provided in Section 2, above; and the Employer will not for more than one (1) day use employees assigned to one classification in another classification if there remain laid off employees within the latter classification who have not been recalled; provided, however, that nothing herein contained shall prevent the Employer from hiring temporary or substitute help pending the return to work of recalled employees.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALLS. 16.01 The temporary lay-off and recall of seasonal employees shall not be subject to the lay-off and recall provisions of this collective agreement. However, in the event that a seasonal employee is indefinitely laid off, such lay-off shall be governed by the lay-off and recall provisions of this agreement.
16.02 When an employee is transferred or promoted from one area to another, he or she shall retain his or her bargaining unit seniority earned in other areas for the purpose of layoff and recall.
16.03 An employee shall lose his or her seniority (subject to complaint or the grievance procedure) and his or her employment shall be terminated when:
(a) Employees will An employee has been laid off for more than twenty-four (24) months and has not worked any hours since the layoff.
(b) An employee voluntarily terminates his/her employment or is discharged (and the discharge is not reversed through the Grievance or Arbitration procedure).
16.04 An employee shall (subject to complaint or the grievance procedure) lose any seniority previously accumulated in an Area to which he or she has been recalled if the employee fails to report to work in that Area within one (1) week after receiving and signing for a notice, mailed by registered mail, of recall to work after a layoff, unless the employee has just cause for not returning to work within the one (1) week.
16.05 In the event of a layoff, employees shall be laid off in reverse order of seniority whenever there is a reduction within their area of work, providing the employees remaining have the qualifications and are able to perform the work available without additional training. The qualifications are to be reasonable and set out in the bargaining unit. The only exception job description.
16.06 An employee who is subject to this provision is when layoff shall have the client requests in writing that a specific security guard be retained at their site. Guards can bump due right to either:
(1a) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.Accept the layoff; or
(b) Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff has the qualifications to perform the duties of the lower or identical classification. The Company shall notify employees whose position is qualifications are to be eliminated due to reasonable and set out in the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the positionjob description. Such employee will so displaced shall be entitled laid off subject to bump junior employees at other sites in order to maintain employment and statushis or her rights under this section. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow decision of the employee to review options and make an informed decision where they wish choose (a) or (b) above shall be given in writing to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than designated Employer representative within five (5) working days (no more than five (5excluding Saturday, Sunday and Holidays) unpaid days)following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff.
16.07 Employees shall be recalled in the order of their seniority providing such employees are able to perform the work for which they are recalled. Employees who were laid off from the area in which the work is available shall be recalled first. If an employee work is not slotted into their new position within said five (5) working daysstill available following this, the company will provide payment employees laid off from other areas shall then be recalled in lieu order of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desirebargaining unit wide seniority.
(c) The Company 16.08 New employees shall generally give not be hired until those laid off have been given notice of recall by registered mail to the their last recorded known address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared and have failed to report to for work immediatelyin accordance with Article 16.04.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. 13.01 An Employee whose status is changed from full-time to part-time, full-time to casual part-time or part-time to casual part-time as a result of the implementation of a new schedule and/or a reduction of hours will be considered to be laid off. The Employer shall notify employees who are to be permanently laid off in accordance with the provisions of the Employment Standards Act and the Union with no less than four (4) weeks written notice. In the event of layoff, the Home shall lay off employees in the reverse order of their seniority, within their classification, providing that there remain on the job employees who have the ability and qualification to perform the work. An employee who is subject to layoff shall have the right to either;
(a) Employees will be laid off in reverse order of seniority whenever there is a reduction of employees in accept the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.layoff; or
(b) The Company shall notify employees whose position is opt to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.retire;
(c) The Company shall generally give notice of recall by registered mail displace another employee who has lesser bargaining unit seniority in the same or lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the last recorded address ability to meet the normal requirements of the employeejob and is qualified without training, other than orientation. The An employee so displaced shall keep the Company informed of the employee's present address of location where he may be reacheddeemed to have been laid off and shall be entitled to notice in accordance with Article 13.
01. The An employee who fails chooses to exercise the right to displace another employee with lesser seniority shall advise the Employer of his or her intention to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold and the position vacant for two claimed within seven (27) weeks if days after receiving the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified layoff. An employee who is prepared subject to report layoff other than layoff of a permanent or long-term nature shall have the right to work immediatelyaccept the layoff or displace another employee in accordance with (a) and (c) above. It is understood that, at time of layoff, up to date seniority lists, (both full-time and part-time) will be provided. However, the seniority will be deemed to be merged for purposes of displacing another employee in accordance with 13.01.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) Employees will be laid off in reverse order of seniority whenever there is a reduction of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) 9.01 The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site will give at least five (5) working days prior days’ notice for temporary layoff and ten (10) working days’ notice of permanent layoff to employees and the effective date Union of termination any contemplated layoff unless the layoff is made necessary as a result of circumstances which could not have been reasonably anticipated by the Company.
9.02 Whenever it becomes necessary to decrease the work force, students and part-time first, then probationary employees will be laid off. If further layoffs are necessary, the employee with the greater amount of seniority shall be retained, provided he is qualified to do the normal requirements of the positionjob. Such employee In the event of such layoff all employees will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than given five (5) working days (no more than five (5) unpaid days). If notice of the layoff, subject to Article
9.01 above.
9.03 In determining whether an employee is not slotted into their new position within said five (5) working daysqualified, the company he will provide payment in lieu of work. During the be given up to five (5) days waiting periodof familiarization. For greater clarity, this could mean several hours to five days.
9.04 An employee who is displaced from his classification because of a reduction in the work force may displace the junior employee within the plant performing a job for which he has the necessary ability and qualifications.
9.05 The Union Plant Committee four (4) will be entitled to be on top retained in the employ of the spare board list if they Company during their respective terms of office, notwithstanding their position on the seniority list, so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep long as the Company informed of has work available which they have the employee's present address of location where he may ability and qualifications to perform. There shall be reached. The employee who fails to do so shall forfeit his right of recall.
three (d3) If, within from Con Cast Pipe and one (1) calendar day from Sky Cast.
9.06 Employees who have been laid off in accordance with the receipt above provisions will be returned to work in line of seniority in which they were laid off provided they are qualified to do the work available.
9.07 The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled, also any cancellation of such notice, notices. Where it is the employee accepts the recall, the job will be held open for one (1) calendar day from the day intention of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time Company to award a position or recall employees to positions a representative of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find have prior discussion with a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt representative of the original notice, or fails Union committee to report to work within explain the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accidentreasons.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALLS. (a) 11.01 Employees will shall be laid off in reverse inverse order of seniority whenever there is a reduction and recalled in order of seniority provided that the employees retained or recalled have the necessary skill, ability and qualifications to perform the available work.
11.02 The Company shall comply with the Employment Standards Act (Ontario) (the "Act") if any layoffs are planned provided that notice of permanent layoff (as defined in the bargaining unit. The only exception to this provision is when Act), inclusive of the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1notice required under Section 57 of the Act shall be:
a) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, four (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify weeks for full-time employees whose position is to be eliminated due to who have completed the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment probationary period and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more have completed less than five (5) working days years of continuous service; and
b) eight (no more than 8) weeks for full time employees who have completed five (5) unpaid days)or more years of continuous service.
11.03 Prior to effecting any permanent layoff of employees in a classification the Company will accept voluntary resignations from employees in such classification and the number of layoffs in the classification will be reduced by the number of voluntary resignations in the classification.
11.04 An employee who is to be permanently laid off may bump into another classification at an equivalent or lower pay level and displace a less senior employee provided he has the necessary skill, ability and qualifications to perform the available work in such other classification. If A displaced employee may bump another less senior employee as provided above. An employee bumping into another lower classification shall be paid the top rate for such classification.
11.05 Employees who are on permanent layoff and who have not lost their seniority and employment as provided in Article 9.04(f) may refuse a recall to a temporary vacancy (as defined in Article 10.01) without affecting their recall rights.
11.06 The Company shall arrange, where possible, upon an employee's written request, to allow an employee is not slotted into their new position within said five (5) working days, on the company will provide payment in lieu of work. During the up recall list to five (5) days waiting period, continue benefit coverage provided that the employee will pays the costs of continuing such benefit coverage during the period of layoff.
11.07 A full time employee who has completed probation and who is terminated as a result of a staff reduction shall receive severance pay in the amount of one week’s pay for each six (6) months of service or major fraction thereof.
11.08 An employee who is on the rehiring list and is recalled prior to the end of the period for which he or she received severance pay shall refund the unexpired portion of the severance pay upon his or her return.
11.09 An employee who has been recalled and who has received severance payments under Article 11.07 shall not be entitled to be on top claim any years of service used for the spare board list if they so desirepurpose of calculating such payments for any future severance payment.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) Employees will Article 11.01 When there is a reduction in the workforce, the Employer agrees that employees shall be laid off in the reverse order of seniority whenever there is their seniority. The employees shall be recalled to work in order of their seniority.
Article 11.02 In the event of a reduction of in the workforce, all probationary employees in the job classification affected shall be laid off before any employee with seniority is laid off.
Article 11.03 Employees on a temporary job posting shall be laid off before any employee holding a permanent job.
Article 11.04 In the event of a reduction in workforce under this Article, Stewards and members of the bargaining unitcommittee and union chairperson shall be the last persons laid off from their classification during their term of office. The only exception Thereafter, they will be subject to this provision is when the client requests in writing all bumping provisions except that a specific security guard they will not be retained laid off during their term of office so long as full time work at their site. Guards can bump due own level or a lower wage is available in their work location which they are qualified to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a siteperform.
(b) Article 11.05 Any permanent employee, who is subject to layoff, may bump a less senior employee from an equivalent or lower job classification which he/she possesses the minimum requirements.
Article 11.06 The Company shall notify will give the employee the required notice of layoff and pay as provided in accordance with the Employment Standards Act. A list of employees whose position is to declared surplus will be eliminated due made available to the loss of work at a specific site or the loss of the entire site Union at least five (5) working calendar days prior to the effective date notice required under the Employment Standards Act.
Article 11.07 When there is an increase in the work force, laid off employee shall be recalled to work in the order of termination seniority.
Article 11.08 Employees who chose to exercise their seniority in case of the position. Such employee layoff will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five have fifteen (515) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, to satisfactorily perform the company will provide payment in lieu duties of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desirerelated jobs.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The Article 11.09 No new employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee employees shall be considered hired until all laid off employees have been given the opportunity to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning return to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accidentwork.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. 24.01 A layoff is a suspension in active employment due to a shortage of work, a redundancy, or a financial exigency. The University will meet with the Union to outline the reasons for the layoff and to share any financial or relevant information that supports the business case for a layoff.
24.02 An Employee's recall rights shall lapse if layoff lasts more than sixteen (a16) Employees consecutive months without a recall and the affected person’s employment shall be deemed terminated.
24.03 All reductions in forces will be laid off made in reverse order of seniority whenever there among the Employees performing similar work.
24.04 When displacements, deletions of positions, layoffs and/or closures of divisions/departments are anticipated by the University, the University agrees to discuss with the Union as soon as possible prior to issuing lay-off notices to employees. The purpose of this meeting is a reduction of to discuss the reasons for the lay-off, review options for employees, including but not limited to reviewing the available options for employees and training opportunities. Nothing in the bargaining unit. The only exception following procedures prohibits the Union and Employer from agreeing to this provision arrangements that will reduce the impact on employees.
24.05 An employee who is when laid off shall be advised of the client requests details of their options in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site and given at least five (5) working days prior to advise the effective date Employer of termination their choice of the positionoptions provided. Such Should an employee be offered another position the details shall include an updated position description, work schedule and any other pertinent information. If more than one employee is being laid off, the process will start with the most senior employee. The following process will take place for employees who are laid off:
(a) Placement in vacant bargaining unit positions provided that in the determination of the employer, the Employee has the necessary skills to perform the work.
(b) If no vacant positions exist, pursuant to 24.05
(a) the Employee shall be entitled to bump exercise seniority to displace the most junior employees at other sites Employee in order the same classification and similar job description, providing that, in the determination of the Employer, the Employee has the necessary skills to maintain employment and statusperform the work. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company employer will provide payment in lieu of work. During on the up job training as deemed necessary to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desireassist with ensuring a successful placement.
(c) The Company If the Employee cannot displace another Employee pursuant to 24.05 (b) above, such Employee shall generally give notice of recall by registered mail be entitled to displace the last recorded address most junior Employee in the same or lower classification, providing that in the determination of the employeeEmployer the Employee has the necessary skills to immediately perform the work. The employee shall keep employer will provide on the Company informed of the employee's present address of location where he may be reached. The employee who fails job training as deemed necessary to do so shall forfeit his right of recallassist with ensuring a successful placement.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its clientThis process shall continue until there are no junior Employees to displace.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified An employee who is prepared laid off may opt to report resign with severance or go on the recall list anytime during the process. The employee may decline a position in any of the foregoing steps or if they are on the recall list, if the position is a different full time equivalency, a term position, or a position in a lower paid classification. The employee would go to work immediatelythe next step in the process, or remain on the recall list whichever is applicable.
(f) If the An employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee who is displaced shall be considered laid off and entitled to have resigned notice of lay- off and placement/displacement and recall as outlined herein.
(g) For employees who exercise their rights in article 24.05 the trial period pursuant to Article 2.01 (o) and 14.04 shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company apply.
24.06 All Employees shall be at liberty entitled to recall another employee. The employee shall be required to show proof layoff notice in accordance with the following schedule: (a) Thirty (30) Days’ notice if the period of such illness or accident.employment in the Bargaining Unit is two
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. 1. A layoff is a termination of employment of indefinite length. Any employee who is laid off for lack of work will receive ten (a10) working days notice or ten (10) working days pay in lieu of notice.
2. In the event of a layoff, the employee with the least classification seniority in the job classification affected shall be laid off.
3. An employee subject to layoff may exercise his seniority, or in the case of craftsmen listed in Exhibit B his classification seniority, to bump into any classification provided he has previously held that job classification and provided he has the seniority, or in the case of craftsmen listed in Exhibit B the classification seniority, and qualifications and capabilities to perform in that classification.
4. Employees on layoff from a classification (onsite/offsite) will be laid off in reverse order of seniority whenever there is a reduction of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, recalled within two (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return years if an opening exists in the classification from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to which they were laid off. This recall will be eliminated due done without posting the job and will be processed according to the loss individual's seniority within the job classification. Notification of work offsite recalls will be made by certified mail to the employee at his last known address and a specific site or the loss failure of the entire site at least said employee to respond within five (5) working days prior of the time of mailing that he will report to work, will constitute a waiver of his rights in regard to that recall, and to all future recalls unless he explains his failure to respond and report for work to the effective date of termination satisfaction of the positionCompany. Such If a temporary vacancy occurs, the employee can accept or decline the recall, and it will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet not interfere with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (employee's recall rights.
5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new who has been in a bargaining unit position within said five (5) working days, the company will provide payment in lieu for a period of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day year is transferred to another position within the Company so as to be excluded from the receipt coverage of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined abovethis Agreement, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and seniority in the position from which he was transferred.
6. Employees who resign their employment with the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accidentmust provide ten (10) working days notice.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALLS. Section 1. Hospital-wide seniority, both in and out of the bargaining unit, shall apply to the selection of employees for layoffs and recall there from. Supervisors returning to bargaining unit positions prior to January 1, 2015 will be credited with seniority accrued through the first-line supervisor level.
Section 2. When it becomes necessary to lay off employees within the bargaining unit, after determining the impacted positions, the Hospital will notify the employees holding positions subject to layoff and the Union (ato the Union Business Agent or delivered to the Union office) Employees at least thirty (30) days in advance of the date of the layoff. The Hospital will provide the impacted employee with a bump list as well as advise them of any vacant positions for which the employee is qualified. An employee whose position is being eliminated shall have preference for posted vacancies with the same or equivalent work schedule for which they are qualified in the event they choose not to exercise their bumping rights. Upon request, the Hospital will meet with the Union representatives to discuss the layoff.
Section 3. In the event of layoff, employees in the bargaining unit in the impacted positions as identified by the Hospital shall be laid off in reverse the following order: • First, all temporary employees. • Second, all probationary employees by inverse order of seniority whenever there is hiring. • Third, all per diem employees. • Fourth, regular full- and part-time employees by inverse order of seniority.
Section 4. Employees affected by a reduction of employees layoff may bump a less senior employee in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow unit provided the employee is qualified to review options perform the available work. Qualified means the ability to fill the position in an acceptable manner with reasonable supervision and make an informed decision where they wish orientation up to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days a maximum of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, and includes the company will provide payment ability to pass any competency and skills test required of the position. Part-time employees may not bump into a position with greater regularly scheduled hours unless necessary to match the earnings level of the employee’s position.
Section 5. Employees affected by a reduction in lieu force are limited to two (2) bump applications. Employees may be required to make their bump selection within forty-eight (48) hours after a current list of work. During the up to five (5) days waiting periodnames, classifications, seniority dates, total hours held, the shift and the weekend rotation, if any, has been made available.
Section 6. Notice shall be given “in person” to the employee who has been bumped when reasonably possible but in cases where such “in person” notice is not reasonably possible, such employee will be entitled to be on top of the spare board list if they so desirenotified by telephone.
(c) The Company shall generally give notice Section 7. Employees may bump under the provisions of recall by registered mail to this Article only if the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open layoff is for one (1) calendar day week or more. Layoffs of less than one (1) week will be used only when necessary in exceptional cases and not in a repetitive manner to avoid bumping. Effective January 1, 2015, first line supervisors and all other non-bargaining unit employees shall be prohibited from bumping into a bargaining unit position.
Section 8. If an employee bumps or bids to a lower or higher paying position, he or she will be paid the day applicable rate for that position.
Section 9. At any point in the procedures under this Article, the Hospital and the employee may mutually agree that the employee be laid off rather than exercise bumping rights.
Section 10. Rights of Employees Bumped.
Section 11. Employees who have been laid off will be eligible for recall for up to eighteen (18) months after the effective date of layoff. Eligible employees shall be recalled in the inverse order of their layoff. Eligible employees will be recalled during the eighteen (18) month period before a temporary employee is hired into the position from which the employee was laid off.
Section 12. Employees who have been laid off shall continue to receive the benefits of Article 32 for a period of ninety (90) days following the effective date of the employee's acceptancelayoff. Thereafter, employees who are laid off may continue to participate in the medical-Hospital plan by paying to the employer the full cost of the plan for a period of one (1) year following their layoffs.
Section 13. In the event that such recalled of a layoff, an employee may request payment of unused holiday or vacation pay.
Section 14. When a department or unit is employed elsewhere at the time temporarily closed (a period of recall, the Company will hold the position vacant for two (2) weeks or less), if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill there are vacant positions without delayavailable elsewhere in the Hospital, the Company shall give notice qualified employees will be offered those positions in order of recall by telephone until able to find seniority. Temporarily displaced employees not offered or accepting a qualified employee who is prepared to report to work immediatelyposition elsewhere may use accrued vacation or holiday time or accept layoff for purposes of receiving unemployment benefits only.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALLS. (a) If the Company decides, in its discretion, to reduce the workforce, and regardless of whether such reduction is temporary or indefinite, the Company shall select the employees for such reduction by seniority within the departments being reduced. Should there be any openings or opportunities for work in other departments within the bargaining unit, then among the Employees marked for layoff, such Employees will first be laid off in reverse offered the opportunity to transfer to these departments by order of seniority whenever there highest Company-wide seniority; provided however the position is open and unoccupied and the Employee has the qualifications and experience for the position, as determined in the Company’s discretion. Employees on layoff status shall retain recall rights for twelve (12) months. If the Company authorizes that a reduction of employees vacancy in the bargaining unitunit be filled, Employees on layoff with recall rights shall be recalled by Company-wide seniority (highest first); provided, however, that if a position to be filled requires particular skills or experience unique to the position or department, as determined by the Company, Employees on layoff status with those skills or experience shall be recalled by departmental seniority (highest first). If no Employees on layoff have the requisite skills or experience, the Company may post the position internally under Section 11.01 and if no internal candidate is selected, the Company may hire from any source. Employees who are eligible for recall shall be given notice by e-mail sent to the Employee’s last known e-mail address shared with the Company. It is the responsibility of the Employee on layoff to provide the Company with their e-mail address. The only exception to this provision is when Employee must notify the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss Company of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to whether the loss of work at a specific site or the loss of the entire site at least Employee will accept recall within five (5) working business days prior after the notice has been e-mailed. If the Employee does not accept recall within such time, the Company’s obligations under this 14.02 shall be deemed fulfilled with respect to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days)that Employee. If an employee is Employee does not slotted into their new position within said five (5) working daysaccept recall, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of and recall by registered mail would have been to the last recorded address of same job that the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be Employee held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recalllayoff, the Company Employee shall have no further recall rights to any position under this 14.02. No new Employees or contractors will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant be hired into positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and bargaining unit until the Company shall be at liberty to recall another employee. The employee shall be required to show proof provision of such illness or accidentthis Section has been fulfilled.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALLS. (a) Employees will 10.01 A layoff shall be laid off in reverse order of seniority whenever there is defined as a reduction in the workforce, or a reduction in the regular hours of work of any employee for a period in excess of two (2) weeks.
10.02 Employees shall have bumping rights in accordance with their seniority. e.g., senior employees whose job is not functioning would have the right to displace junior employees in the same Department first, then bargaining unit, provided that for Operator and Maintenance positions they have the qualifications and ability to do the job in a competent manner.
10.03 Employees shall be recalled in the order of their Bargaining Unit seniority, then in their Department where jobs become available, provided that for Operator and Maintenance positions they have the qualifications and ability to do the job in a competent manner. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company Employer shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed Employer advised at all times of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recalla current address.
10.04 New employees shall not be hired until those laid off, or who have had their hours of work reduced, have been given an opportunity to be recalled, or have their hours of work restored, consistent with 10.03.
10.05 The Employer shall notify employees who are to be laid off fourteen (d14) Ifcalendar days prior to the effective date of layoff, within or award pay in lieu thereof, unless a greater period of notice is required by legislation, in which case such greater period of notice or pay in lieu thereof shall be given. If not possible to give fourteen (14) days notice, as much advance notice will be given as is possible.
10.06 During any layoff of one (1) calendar day from the receipt of such noticemonth or less, the employee accepts Employer shall continue to provide all laid off employees with the recall, benefits as outlined in the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its clientCollective Bargaining Agreement.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. 11.01 The Company will do everything practicable to minimize layoffs and temporary reductions. All cases of layoff will be discussed with the Unit Chairperson as far in advance as possible and a listing will be given to him/her of the number of employees from each shift and grade to be laid off. Notice to employees of layoff will be in accordance with the Employment Standards Act and will apply to employees subsequently affected by the bumping process. The provision of pay in lieu of layoff notice shall not apply in the event of fire, lightning, storm, flood, power failure, or other causes such as strikes and work stoppages in connection with labour disputes.
11.02 In the event of layoff or recall, seniority shall prevail, providing the senior employee has the required qualifications to perform the work. For clarification, the qualifications are defined under letter of understanding # 3. No seniority employee shall be laid off until all probationary, temporary or contract employees are first laid off provided the senior employee has the qualifications to do the work. For the purposes of this Article employees shall be laid off and recalled by Grade (A, B and C.)
11.03 In event of a layoff the following procedure shall take place:
a) The Company shall declare how many employees from each shift and Grade shall be declared surplus.
b) Should any of the surplus employees have bumping rights, those rights will be exercised as follows:
i) any surplus employee(s) in Grade C shall displace a more junior employee in the same Grade on an opposite shift.
ii) failing i) the surplus employee(s) shall displace a Grade B or Grade A employee on same shift.
iii) failing ii) the surplus employee(s) shall displace a Grade B or Grade A employee on an opposite shift of the employee’s choice subject to their seniority rights.
iv) failing iii) the surplus employee(s) shall be placed on layoff to await recall.
c) the same process as above shall then be applied to the surplus Grade B employees. Once that process is complete, the same process shall then be applied to the surplus Grade A employees.
11.04 This will not restrict the right of any employee who has the necessary qualifications from exercising his seniority rights to acquire a job in a higher Grade.
11.05 Employees reclassified under this provision shall be paid in accordance with Article 12.02.
11.06 Employees are permitted to take layoff at any step of the layoff procedure in lieu of exercising their seniority rights with the understanding that they must then await recall as provided for in the recall procedure.
11.07 The affected employees shall be shown their options by the Company and shall be required to declare their choice at that time; however, no movement will take place until the appropriate notice period has expired.
11.08 The following outlines the procedure and conditions for recall:
a) Employees will who are on layoff shall be laid off recalled in the reverse order of seniority whenever there to the highest job grade held prior to date of layoff or to a lower job grade if a signed recall form is a reduction of employees in the bargaining uniton file. (Recall Form - Appendix “D”). The only exception period of recall rights shall be in accordance with 9.01c). Such return shall be subject to this provision the employee having the necessary qualifications.
b) The procedure for recalling an employee shall be by telephone and confirmed by registered mail to the employee’s last address on record with the Company. It is when the client requests responsibility of each employee to notify the Company of any change of address. The limits related to notification to the Company and reporting to work limits are as set out in writing that Loss of Seniority 10.01 c) and d).
c) Employees who exercised their seniority rights to fill a specific security guard job in a lower grade shall be recalled to the job grade held at the time of reduction or to all grades up to their original grade. The opportunity to return to a higher job grade shall be retained at their site. Guards can bump due for a period of time equal to one (1) loss month for each month of site, seniority as of the date of reduction to a maximum of thirty- six (236) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a sitemonths.
(bd) The Company shall notify employees whose If a recall to a grade is made to a position is expected to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take last more than five (5) days and the employee refuses the opportunity, the refusal will be recorded and the opportunity will not be repeated.
e) Recall Guidelines - When the Company has requirements for additional employees, all vacant job classifications created are to be filled first by recalling employees who have the necessary qualifications.
11.09 Normal rules of seniority shall not apply during a temporary reduction in operations. A temporary reduction in operations shall be defined as any forty (40) regular working days hours within a calendar month to a maximum of eighty (no 80) regular working hours per calendar year. In this regard reductions of less than four (4) hours shall be recorded as four (4) hours and reductions of more than five four (54) unpaid days)hours but less than eight (8) shall be recorded as eight (8) hours. If an employee After the forty (40) or eighty (80) hours have been exhausted, a meeting will be held with the Union to determine if the temporary reduction may be continued or whether a reduction in the work force according to seniority shall be made. The Unit Chair will not be subject to temporary reductions provided there is not slotted into their new position within said five (5) working dayswork available in the plant for which he/she has the skill and ability to perform. The parties mutually recognize the desirability of minimizing wherever possible, the company hardships caused by temporary reductions in the work force. In this regard the Company agrees that when temporary reductions in work force are necessary efforts will be made to locate alternative employment for employees so affected or to locate employees who wish to accept layoff voluntarily. The Company will provide payment in lieu employees with a minimum of worksixty (60) calendar days notice of any plant shutdown. During the up to five (5) days waiting period, the employee Employees will be entitled to utilize personal days and/or vacation days during a shutdown period. Should the Employer cancel a scheduled shutdown, the cancelling of vacation and/or personal days booked during such a period shall be on top of at the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address discretion of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee 11.10 The Unit Chair shall be considered deemed to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness top seniority except for when he/she is appointed/elected by the Union less than three (3) months before a layoff or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accidentreduction, which would normally affect him/her.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) Employees will be laid off in reverse order of seniority whenever there is a reduction of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard officers be retained at their site. Guards can bump due All displacement rights under this Article are subject to (1) loss the employee having the qualifications to perform the normal functions of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a sitethe job they are bumping into.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or mobile position or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such The affected employee will be entitled shall have the right to bump displace the most junior employees at other sites in order to maintain employment and status. The company will meet employee working within the bargaining unit who works on an equivalent site with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days equivalent amount of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu hours of work. During the up An employee who is unable to five (5) days waiting periodbump a junior employee may be placed into an open position, the employee will be entitled laid off, or may elect to be stay on top of the spare board list if they so desireboard. An employee who is unable to bump a junior employee may be laid off, or may elect to stay on the spare board.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of or location where he they may be reached. The employee who fails to do so shall forfeit his their right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his their recall rights. Should such employee be prevented from returning to work due to illness or accident he they shall retain his their recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALLS. When a reduction is required, the affected employee(s) and the Chief Xxxxxxx will be notified by the applicable supervisors ten (a10) Employees working days in advance of such a reduction. When a reduction is required, probationary employees will be laid off in reverse order of seniority whenever there is first. When a reduction of employees is required in any Electronic Technician (ET) classification in a Branch, the least senior ET employee(s) will be laid off by Branch. When a reduction is required in the bargaining unitQuality Branch- the least senior employee(s) in the Work Center/Classification will be laid off. The only When a reduction is required in the Maintenance Branch, the least senior employee(s) in the Work Center/Classification to be reduced will be laid off. When a reduction is required in the Helicopter Branch, the least senior employee(s) in the Classification to be reduced will be laid off. When a reduction is required in the Aircraft Branch, the least senior employee(s) in the Classification to be reduced will be laid off. Transient Alert Center will be treated separately as an individual Work Center for the purposes of this Article 4, Section 2. When a reduction is required in the Transient Alert Center, the least senior employee(s) in the Work Center/Classification to be reduced will be laid off. Before hiring the Company will recall the most senior laid off Employee(s) to perform the work in areas from which laid off. As an exception to Section 3(c) of this provision is Article 4, when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position reports within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting periodin response to recall that he or she cannot report to work within fifteen (15) days due to a temporary disability as documented by a Doctor's note, the that employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails permitted to report to work within the time period outlined abovethirty (30) days. During such delay, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall may recall the next senior employee to perform the work. An employee who refuses such a temporary recall will still be at liberty to eligible for recall another employee. The employee shall be required to show proof of such illness or accidentas defined in this Article 4.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALLS. 24.01 A layoff is a suspension in active employment due to a shortage of work, a redundancy, or a financial exigency. The University will meet with the Union to outline the reasons for the layoff and to share any financial or relevant information that supports the business case for a layoff.
24.02 An Employee's recall rights shall lapse if layoff lasts more than sixteen (a16) Employees consecutive months without a recall and the affected person’s employment shall be deemed terminated.
24.03 All reductions in forces will be laid off made in reverse order of seniority whenever there among the Employees performing similar work.
24.04 When displacements, deletions of positions, layoffs and/or closures of divisions/departments are anticipated by the University, the University agrees to discuss with the Union as soon as possible prior to issuing lay-off notices to employees. The purpose of this meeting is a reduction of to discuss the reasons for the lay-off, review options for employees, including but not limited to reviewing the available options for employees and training opportunities. Nothing in the bargaining unit. The only exception following procedures prohibits the Union and Employer from agreeing to this provision arrangements that will reduce the impact on employees.
24.05 An employee who is when laid off shall be advised of the client requests details of their options in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site and given at least five (5) working days to advise the Employer of their choice of the options provided. Should an employee be offered another position the details shall include an updated position description, work schedule and any other pertinent information. If more than one employee is being laid off, the process will start with the most senior employee. The following process will take place for employees who are laid off:
(a) Placement in vacant bargaining unit positions provided that in the determination of the employer, the Employee has the necessary skills to perform the work.
(b) If no vacant positions exist, pursuant to 24.05
(a) the Employee shall be entitled to exercise seniority to displace the most junior Employee in the same classification and similar job description, providing that, in the determination of the Employer, the Employee has the necessary skills to perform the work. The employer will provide on the job training as deemed necessary to assist with ensuring a successful placement.
(c) If the Employee cannot displace another Employee pursuant to 24.05 (b) above, such Employee shall be entitled to displace the most junior Employee in the same or lower classification, providing that in the determination of the Employer the Employee has the necessary skills to immediately perform the work. The employer will provide on the job training as deemed necessary to assist with ensuring a successful placement.
(d) This process shall continue until there are no junior Employees to displace.
(e) An employee who is laid off may opt to resign with severance or go on the recall list anytime during the process. The employee may decline a position in any of the foregoing steps or if he/she is on the recall list, if the position is a different full time equivalency, a term position, or a position in a lower paid classification. The employee would go to the next step in the process, or remain on the recall list whichever is applicable.
(f) An employee who is displaced shall be considered laid off and entitled to notice of layoff and placement/displacement and recall as outlined herein.
(g) For employees who exercise their rights in article 24.05 the trial period pursuant to Article 2.01 (o) and 14.04 shall be extended by 20 days to assist in ensuring a successful placement.
24.06 All Employees shall be entitled to layoff notice in accordance with the following schedule:
(a) Thirty (30) Days’ notice if the period of employment in the Bargaining Unit is two (2) years or less.
(b) Five (5) additional Days of notice for every year of employment in the Bargaining Unit in excess of two (2) years.
(c) Sessional Employees shall receive pay in lieu of notice pursuant to this Article only for those hours they were scheduled to work during the said notice period. A Sessional Employee will not be entitled to pay in lieu of notice for any portion of the notice period which coincides with the Employee’s non-working period.
24.07 If less than the required notice is given, then the Employee shall continue to receive pay for the number of Days for which the Employee was required to be in receipt of such notice.
24.08 Employees on layoff will be recalled to vacant positions in the bargaining unit for which they are qualified as outlined in article 24.05 in the order of their seniority, provided he/she can report for work at the time and place required in the notice hereinafter specified. Notwithstanding the above, Employees who have been laid off for more than sixteen (16) consecutive calendar months will not have any recourse, rights or privileges as defined in this Agreement.
24.09 When an Employee is laid off, the Employee’s name and address shall be placed on a recall list for sixteen (16) months. Such list shall be maintained by the University and while on layoff an Employee shall provide the University with a current address. Recall shall be deemed to have been served if notice has been sent by Registered Mail to the last address on record ten (10) Days prior to the effective date the Employee is to report to work. Should the Employee upon receipt of recall notice fail to return within ten (10) Days, or within fifteen (15) Days if employed elsewhere, the next eligible Employee shall be offered such vacancy. The University, at its discretion, may temporarily fill vacancies until an eligible Employee is notified and reports for duty as set forth above. If an Employee on layoff fails to respond to a recall, on two (2) occasions, the Employee shall lose seniority rights and his/her name shall be removed from the seniority list.
24.10 If an Employee who has earned seniority rights is re-employed after a layoff within the sixteen (16) consecutive calendar months, all rights and benefits as an Employee, accumulated up to the date of termination layoff, will be reinstated subject to the terms and conditions of the position. Such employee will existing plans.
24.11 An Employee who has been laid off shall be entitled to bump junior employees severance pay at other sites in order the expiry of their recall period, or at any time earlier should the Employee wish to maintain terminate employment and statuswaive recall rights. The company will meet with Severance pay shall be equivalent to:
(a) Five (5) working days’ pay if the affected employee Employee has less than two (2) years of service;
(b) Ten (10) working days’ pay if the Employee has more than two (2) years of service and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more less than five (5) years of service;
(c) Twenty (20) working days (no more than days’ pay if the Employee has five (5) unpaid days). If an employee is not slotted into their new position within said five years or more and less than ten (510) years of service;
(d) Forty (40) working days’ pay if the Employee has ten (10) or more years of service
(e) For every year of service over ten (10) years, the company employee will provide payment in lieu of work. During the up to receive an additional five (5) days waiting periodpay to a maximum of fifteen (15) weeks total. For example, the an employee with 15 years of service will be entitled to be on top receive 40 working days pay plus an additional 25 working days pay (5 years x 5 working days pay) for a total of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee65 working days pay. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee Employees who fails to do so opt for severance pay shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty their entitlement to recall another employee. The employee shall be required to show proof of such illness or accidentand other rights under this collective agreement.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) Employees will 17.01 A layoff is defined as a reduction in the work force. A reduction in the regular weekly hours of work shall also constitute a layoff, with the exception of the Bus Driver classification and all school-based classifications in which case a reduction
17.02 The Board shall notify regular or probationary employees who are to be laid off in reverse order of seniority whenever there is a reduction of employees in ten (10) working days before the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position layoff is to be eliminated due effective. Employees that have not had the opportunity to work ten (10) days after notice of layoff shall be paid in lieu of work for that part of the ten (10) days during which work was not made available.
17.03 The Employer shall identify the employee to be laid off, together with the classification and department.
17.04 A regular employee, if qualified, may exercise his/her seniority rights to bump bargaining-unit-wide to the loss of work at a specific site equivalent or lower pay level. The Employer must be notified, by the Union or the loss of the entire site at least employee within five (5) working days prior to of where the effective date of termination of the position. Such employee bumping will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of payoccur, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee unless such notice is not slotted into reasonably possible.
17.05 Regular employees shall be recalled in the order of their new position within seniority if qualified. A list of laid off employees shall be kept and the Employer shall notify said five (5) working days, the company will provide payment employees in lieu of writing to report for work. During the up to five (5) days waiting periodIf, however, the employee will fails to report for work after being duly notified, in accordance with Article 15.05 (b) (4), their names shall be entitled stricken from the list. An employee shall not be required to be on top of accept recall to a position with hours less than the spare board list if they so desirehours provided in their pre-layoff employment.
(ca) The Company Regular employees on layoff shall generally give notice be given first preference for temporary assignments on a seniority basis, if qualified. There shall be no bumping allowed between temporary positions. Rejection of a temporary assignment shall not affect the recall by registered mail period or right to recall. If a temporary assignment is accepted, the last recorded address of the employee. The employee shall keep the Company informed balance of the employee's present address recall period will be suspended for the period of location where he may the temporary assignment.
b) All positions shall be reachedposted through regular posting procedures. The Any vacancies remaining unfilled by the competition process, shall be filled by the recall process, and those qualified employees with recall rights shall be the first hired for such vacancies.
c) If an employee who fails to do so shall forfeit his has been bumped/laid off and the position which they have been bumped/laid off from comes open within fifty (50) working days from the time of being bumped/laid off, then that employee has the right of recallfirst refusal to revert to their former position.
(d) If17.06 Regular employees who have been laid off shall be entitled, within one (1) calendar day from subject to the receipt terms and conditions of the applicable insurance contracts, to maintain their benefits during the recall period, as defined in 17.07 below, by paying the full cost of such notice, benefits to the employee accepts the recall, the job Board.
17.07 No new employees will be held open hired to fill a vacancy until regular employees who have been laid off, or who have been terminated for one other than just and reasonable cause, and who are “qualified” to fill the vacancy have been given an opportunity for re-employment. This provision shall apply for a period of twenty-four (124) calendar day months from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its clientlayoff.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) Employees will parties that job security should increase in proportion to length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of seniority whenever there is a reduction of employees their seniority, and in accordance with Article Employees shall be recalled in the bargaining unitorder of their seniority, provided they are qualified to do the work. The only exception the principles of Article the parties agree that an employee about to this provision be laid off may displace (bump) any employee with less seniority in the same or lower classification, provided the employee exercising his/her right is when qualified to perform the client requests in writing that work of the employee he/she is displacing. When an employee exercises his/her bumping privilege, he/she shall not be entitled to a specific security guard be retained at their sitefurther bump should he/she find his/her new job unacceptable. Guards can bump due to (1) loss of site, (2) being bumped Any employee who is displaced by a senior guardemployee shall also have the same privilege of displacing and bumping until the most junior employee has no one to displace or bump, then that employee shall be laid off in accordance with the provisions of Article An employee receiving notice of layoff must indicate in writing to the Manager of Staffing and Staff Development. within four weeks of receiving written notification that his/her position has been declared surplus or in the case of an employee with less than one year’s service, two weeks, that he/she wishes to displace (3bump) client removal for non-disciplinary reasonsor accept the layoff. If written notification is not received in the time periods referred to above, (4) return from approved leave he/she shall be deemed to have opted to be laid off. No new employees will be hired until those laid off have been given an opportunity of absence or (5) loss of position on a site.
(b) provided they are qualified to do the work available. The Company Employer shall notify employees whose position employees, who are to be laid off, thirty working days before the layoff is to be eliminated due effective. If the employee laid off has not had the opportunity to the loss work thirty full days after notice of layoff, he/she shall be paid in lieu of work at a specific site or the loss for that part of the entire site at least five (5) working thirty days prior to the effective date of termination of the positionduring which work was not made available. Such employee will For employees with less than one year’s service, layoff notice shall be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) ten working days, the company will provide payment ’ notice or ten days’ pay in lieu of work. During Grievances concerning layoffs due to a reduction in the up to five (5) days waiting period, the employee will work force shall be entitled to be on top initiated at Step 2 of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employeegrievance procedure. The Both parties understand and agree that no regular employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails subject to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled lay-off or reduction in their regular hours while any casual employee is employed elsewhere at in a capacity the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its clientaffected employee is qualified to perform.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. A. Layoff shall mean the separation of employees from the active work force due to lack of work or funds or to abolition of positions because of changes in organization.
B. Order of layoff:
1. Layoff shall be accomplished so that the remaining bargaining unit employees will be those with the skill, ability and experience to perform the duties remaining.
2. Where not in conflict with the principle expressed in subsection (a1) Employees will above, layoff shall further be accomplished in each seniority unit as follows:
a. contractors’ employees shall be laid off in reverse order first; then
b. temporary and part-time employees, then
c. probationary employees, then
d. permanent employees according to seniority.
C. An employee notified of seniority whenever there is a reduction of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of sitehis layoff may, (2) being bumped by a senior guard, within three (3) client removal for non-disciplinary reasonsdays of such notification, (4) return from approved leave request demotion in lieu of absence or (5) loss layoff. If there exists within the employee’s seniority unit a job classification lower than the one the employee presently holds having duties which the employee is capable of position on a site.
(b) The Company performing and in which there are other employees with less seniority, then the affected employee shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites employment in order to maintain employment and statusthe lower classification. The company will meet employee displaced and laid off in the lower classification shall be the one with the affected employee and their Union representative as quickly as possible after notification least seniority. Where the layoff process results in order to allow surplus employees in any given seniority unit, the employee to review options and make an informed decision Utility will attempt, where they wish to bump into. The parties will attempt consistent with efficient operation, to place the security guard into an alternate site where said guard laid off employees in vacant job classifications in other seniority units. Permanent employees will not lose any days of pay, but in no event, will the placement, or bumping take more than five be given at least ten (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (510) working days’ notice before being laid off.
D. The General Manager or his designee may approve deviations from seniority in layoffs when seniority alone would result in retaining employees unable to maintain a satisfactory level of performance. In such cases, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will affected employees shall be entitled to be on top given written notice of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail determination and the reasons therefore, as well as the opportunity for a formal hearing with Union representation following such notification. Unsatisfactory hearing determinations may be grieved directly to the last recorded address Step Four of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recallgrievance procedure.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALLS. In the case of layoff (aother than short term) Employees will be laid off in reverse order or recall, length of seniority whenever there is continuous employment shall govern as between all individual employees so long as it does not prevent the Company from maintaining a reduction working force of employees in who are qualified and willing to do the bargaining unit. The only exception to this provision work which is when available, at the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss rate of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due pay applicable to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the positionjob. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the Short term layoffs up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) working day may be made without consideration of seniority rights: - On a 5x24 shift rotation, to a maximum of six (6) days (consisting of 24 hour duration of each day) per calendar day year. - On a 7x24 shift rotation, to a maximum of six (6) shifts each for ABCD Shift per calendar year. Employees will maintain recall rights for a period equal to their length of service or 12 months, whichever is less. Unless an employee signifies his/her intention to return to work within three days after being recalled, his/her name shall be passed over, and unless within eight days after being recalled he/she returns to work or gives a legitimate reason for being unable to do so he/she shall be struck off the seniority list. When an employee has lost his/her seniority rating and is subsequently rehired, his/her seniority shall be accumulated from the receipt date of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of his/her rehiring. To facilitate recall it is the employee's acceptanceresponsibility to keep the Human Resources Department and the Union advised of any change of address or phone number. Notification by the Company to the last listed address or phone number will be deemed adequate notification in this regard. The Company for the duration of this Agreement will agree to provide plant closure provisions as contained in the current Employment Standards Act (ESA) as a minimum upon closure. In the event that such recalled employee is employed elsewhere at the time of recalladdition, the Company will hold agrees to discuss with the position vacant for two (2) weeks if Union the Company has received appropriate advance notice from its clientpotential to increase the minimum benefit levels set forth in the ESA. Any decision to increase said levels, however, is at the Company’s sole discretion.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALLS. (a) Employees will Both parties that job security should increase in proportion to length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of seniority. Employees shall be recalled in order of their seniority whenever there is a reduction providing they are qualified to do the work. No new employees will be hired until those laid off have been given an opportunity of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company Corporation shall notify employees whose position who are to be temporarily laid off in accordance with Article a minimum of seven work- ing days before the layoff is to be eliminated due effective. If the employee laid off has not had the opportunity to work seven full days after the loss notice of layoff, he shall be paid in lieu of work at a specific site or for that part of seven days during which work was not made available. In order that the loss operations of the entire site at least five (5) working days prior to the effective date of termination Union will not become when layoffs are being made, members of the positionLocal Executive Board and the Unit Grievance Officers shall be the last persons laid off during their term of office as long as full-time work which they are qualified to perform at their own or a lower wage level is available. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with After so advising the affected employee and their Union representative as quickly as possible after notification in order writing of available em- ployee benefits at time of layoff, the Corporation agrees to allow pay its share of premiums for group insurance plans so requested in writing by the employee for the two months following the month of layoff, and subject to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top paying his full share by post-dated cheques at time of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptancelayoff. In the event of a longer layoff, not exceed- ing twenty-four months, and subject to approval of the policy car- rier, eligible employees may continue their specified benefit coverage by providing the Human Resources Department with post-dated cheques on or before the second month of layoff, representing the full premium costs of the benefit. It is understood that should the em- ployee be in of such recalled employee is employed elsewhere at the time of recallpayment, the Company will hold Employer shall be entitled to cancel the position vacant for two (2) weeks if benefit coverage. Grievances concerning layoffs due to a reduction in the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company working force shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt be initiated at Step 3 of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accidentGrievance Procedure.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. 15.01 In the event that a reduction of the work force or a reduction in the hours of work is required, layoffs shall proceed in inversed order of seniority provided that the senior employees retained possess the qualifications and ability to satisfactorily perform the remaining position.
15.02 In the event of a recall, employees shall be recalled in order of seniority, providing the employee has the qualifications and ability to satisfactorily perform the position.
15.03 Each employee shall keep the Employer informed of his current address and telephone number.
(a) Employees In the event of a permanent or long term layoff, the employer where possible, will be laid off in reverse order of seniority whenever there is a reduction of employees in inform the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to Union not less than twenty (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (520) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and statuslayoff. The company will employer agrees to meet with the Union to inform them of the reason for the layoff, the areas affected and the work involved. Notice for layoff shall be in accordance with the Employment Standards Act.
15.04 An employee and so reduced or laid off shall be allowed to exercise their Union representative as quickly as possible after notification seniority to bump a position for which they are capable which is held by an employee with lesser seniority. Employees shall be recalled in order of their seniority to allow the their original positions or to a position that they are capable of performing. Should there be no employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their on
15.05 No new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep be hired until all full time and part time employees on layoff who are qualified to perform the Company informed of work available have been given the employee's present address of location where he may be reached. The employee who fails opportunity to return to work and have failed to do so shall forfeit his right of recallin accordance with the recall procedure set out above.
(d) If, within one (1) calendar day from 15.06 In order that the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day efficient operation of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company Union will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt not be jeopardized when layoffs occur members of the original notice, or fails to report to work within local executive board and the time period outlined above, such employee Xxxxxxx and Unit Officer shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to the last person laid off during their term of office, so long as work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accidentfor which they are qualified is available.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) Employees will 15.01 Both parties recognize that job security should increase in proportion to length of service. Therefore, in the event of layoff, employees shall be laid off in the reverse order of their seniority whenever there is a reduction of provided those employees retained are able to perform the required work. Employees shall be recalled in the bargaining unit. The only exception order of their seniority, providing they are able to this provision is when perform the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a siterequired work.
(b) 15.02 No new employees will be hired until those laid off have been given the opportunity of recall.
15.03 The Company Employer shall notify employees whose position who are to be laid off ten (10) working days before the layoff is to be eliminated due effective or such longer period as may be provided under the Employment Standards Act. If the laid off employee has not had the opportunity to work the loss full notice period, the employee shall be paid in lieu of work at a specific site or the loss for that part of the entire site at least notice period during which work was not made available. Lieu pay is restricted to ten (10) day notice provision.
15.04 In order that the operations of the Union will not become disorganized when layoffs are being made, members of the Local Executive Board, as per the Local’s by-laws (maximum five (5) positions), shall be the last persons laid off from employment during their term of office, as long as full time work, which they are qualified to perform, at their own or at a lower wage level, is available.
15.05 Grievances concerning layoffs due to a reduction in the working days prior to the effective date of termination force shall be initiated at Step 1 of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment Grievance Procedure.
15.06 In the event of layoff, and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow providing that the employee is subject to review options and make an informed decision where they wish recall, the Employer shall continue the payment of employee benefit premiums up to bump into. The parties will attempt to place a maximum period of three (3) months, if the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days)benefit plan allows for same. If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting periodlayoff continues, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail concerned must remit to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) IfEmployer, within one (1) calendar month in advance of the day from premiums are payable to the receipt of such noticeCarrier, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be premiums required to show proof of such illness or accidentmaintain the applicable coverage.
Appears in 1 contract
Samples: Collective Labour Agreement
LAYOFFS AND RECALLS. (a) Employees will 17.01 Both parties recognize that job security should increase in proportion to length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of seniority. Employees shall be recalled in order of their seniority whenever there providing they are qualified to do the work.
17.02 No new employees will be hired until those laid off have been given an opportunity of re- employment.
17.03 The Corporation shall notify employees who are to be temporarily laid off in accordance with Article 17.07 (c) a minimum of seven (7) working days before the layoff is to be effective. If the employee laid off has not had the opportunity to work seven (7) full days after the notice of layoff, he shall be paid in lieu of work for that part of seven (7) days during which work was not made available.
17.04 In order that the operations of the Union will not become disorganized when layoffs are being made, members of the Local Executive Board shall be the last persons laid off during their term of office as long as full-time work which they are qualified to perform at their own or a reduction of employees in lower wage level is available.
17.05 After so advising the bargaining unit. The only exception to this provision is when the client requests affected employee in writing that a specific security guard be retained of available employee benefits at their site. Guards can bump due time of layoff, the Corporation agrees to (1) loss pay its share of site, premiums for group insurance plans so requested in writing by the employee for the two (2) being bumped by a senior guardmonths following the month of layoff, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due and subject to the loss employee paying his full share by post-dated cheques at time of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptancelayoff. In the event of a longer layoff, not exceeding twenty-four (24) months, and subject to approval of the policy carrier, eligible employees may continue their specified benefit coverage by providing the Human Resources Department with post-dated cheques on or before the second month of layoff, representing the full premium costs of the benefit. It is understood that should the employee be in arrears of such recalled employee is employed elsewhere at the time of recallpayment, the Company will hold Employer shall be entitled to cancel the position vacant for two (2) weeks if the Company has received appropriate advance notice from its clientbenefit coverage.
(e) In circumstances where 17.06 Grievances concerning layoffs due to a reduction in the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee working force shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.initiated at
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. 14.01 The Employer will give at least seven (a7) days written notice to employees and the Union of any contemplated layoffs. A layoff shall be defined as “an interruption of work for a period of five (5) consecutive normally scheduled working days or more”.
14.02 Whenever it becomes necessary to decrease the working force in an affected classification, it shall be done in the following order, provided the employees who
1. Employees will be laid off who have not yet completed their probationary period.
2. Part Time employees, in reverse order of seniority whenever starting with the most junior.
3. Full Time employees, in reverse order of seniority starting with the most junior. Recall from layoff shall be in reverse order of the above.
14.03 A full-time employee displaced from a classification pursuant to 14.02 above may exercise her seniority in the following order, provided she has the skill and ability to perform the work.
1. The most junior full-time employee in another classification but in the same department.
2. The most junior full-time employee in another department.
3. The option to either; i) displace the most junior part-time employee in her classification, or ii) accept the layoff.
4. The option to either; i) displace the most junior part-time employee in any classification or ii) accept the layoff.
14.04 A part-time employee displaced from a classification pursuant to 14.02 above may only displace another part-time employee of lesser seniority in another classification in her department.
14.05 In the event layoff, an employee who elects to displace under section 14.03 will provide a written outline of her qualifications to the Employer. If there is a reduction of employees in valid dispute over the bargaining unit. The only exception employee’s ability to this provision is when perform the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of siterequired work, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee Employer will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow provide the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days)with a 7 day evaluation period. If an the Employer determines the employee is cannot slotted into their new position within said five (5) working days, meet the company will provide payment in lieu of work. During the up to five (5) days waiting periodrequirements, the employee and Union will be entitled given written notice. The notice will explain the reasons for the Employers decision.
14.06 The Union Committee will be retained in the employ of the Employer during their respective terms of office, notwithstanding their position on the seniority list, and so long as the Employer has work available which they are able and willing to perform.
14.07 Employees who have been laid off in accordance with the above provisions will be returned to work in line of seniority in which they were laid off provided they are able and willing to do the work available.
14.08 The Employer will provide the Chairperson of the Union Committee with a list of employees to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) Iflaid off or recalled, within one (1) calendar day from the receipt also any cancellation of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its clientnotices.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) Employees will Section 1: When it becomes necessary to lay off employees, or to reduce the size of the work force, part-time and probationary employees within the classification shall be laid off first, and then those employees with the least seniority within the classification shall be laid off provided the more senior employee is qualified to perform the duties of the remaining position. An employee laid off from one classification may "bump" into a different classification in reverse which they have earned classification seniority if there are employees with less classification seniority than theirs in that classification. The employee must be qualified to perform the duties of the position into which they are bumping. Qualifications shall include evaluations and discipline record.
Section 2: Recall will be inverse to the order of seniority whenever there layoff with classification only.
Section 3: In the event an employee is a reduction of employees in to be laid off, the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard employee will be retained at their site. Guards can bump due to (1) loss of site, given two (2) being bumped by a senior guard, weeks written notice (3or its equivalent in regular pay) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a siteprior to layoff.
(b) The Company shall notify Section 4: Seniority employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee on layoff will be entitled to bump junior employees at other sites in order to maintain employment retained on the recall list for twelve (12) consecutive months but thereafter shall be dropped from the layoff list and status. shall lose seniority.
Section 5: The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard Employer will not lose any days of pay, but hire new employees to a classification within which there remain laid off employees who have not been recalled as provided in no event, Section 2 above; and the Employer will the placement, or bumping take not for more than five (5) working days (no more than five (5) unpaid days). If an employee is use employees assigned to one classification in another classification if there remain laid off employees within the latter classification who have not slotted into their new position within said five (5) working daysbeen recalled; provided, however, that nothing herein contained shall prevent the company will provide payment in lieu of work. During Employer from hiring temporary substitute help pending the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report return to work immediatelyof recalled employees.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALLS. (a) 21.01 In the event of any staff reduction by the City, Employees will within each affected classification shall be laid off in the reverse order of seniority whenever there is a reduction of employees provided that the remaining Employees have the abilities and qualifications to immediately perform in the bargaining unitpositions available. The only exception City and Union agree to this provision is when meet and work out the client requests in writing that a specific security guard be retained at their siteadministrative procedures and sequence of layoffs. Guards can bump due to Recalls are null and void after six (16) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a sitemonths.
(b) The Company shall notify employees whose position is to be eliminated due to 21.02 In the loss of work at a specific site or the loss event of the entire site at least five layoff of a Permanent Full-time Employee, such Employee shall be given fifteen (515) working days prior of notice of layoff or pay in lieu of such notice where the layoff is caused by circumstances beyond the control of the City. Other Employees shall not be entitled to notice of layoff.
21.03 No new Employee shall be hired within a classification until those laid off have been given an opportunity of recall pursuant to Clause 21.05.
21.04 An Employee shall give the effective date City fifteen (15) days of notice of termination of the position. Such employee will employment if he wishes to resign in good standing.
21.05 Employees shall be entitled to bump junior employees at other sites recalled in order of their seniority within their classification, provided they are fully qualified to maintain employment and status. The company will meet with perform the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of available work. During the up to five (5) days waiting period, the employee will Recall notice shall be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the Employee’s last recorded address on record with the City. It is the responsibility of each Employee to notify the employeeCity promptly in writing of any change in address. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee When recalled, an Employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within fifteen (15) days of the time period outlined above, such employee shall be considered to have resigned and date of recall notice shall forfeit his claim to re-employment.
21.06 Notwithstanding Clause 21.05 should all Employees eligible for recall rightsin any classification fail to report, the City may offer the available position to an Employee who has been laid off in a higher classification on the basis of seniority provided that, in the sole opinion of the City, they are qualified to perform the available work. Should The Employee accepting such employee an offer shall not sacrifice their recall seniority within their original classification.
21.07 After the six (6) month recall period, a Permanent Full-time Employee shall be prevented from returning eligible for a severance allowance at their regular rate of pay at the time of lay-off according to work due the attached schedule. Severance allowance for Permanent Part- Time Employees will be prorated based on Full-Time equivalent. An Employee, at any time during their six (6) month recall period, may elect to illness or accident he shall retain his give up their recall rights and receive the Company shall severance allowance. 3 6 4 8 5 10 6 12 7 14 8 16 9 18 10 20 11 22 12 24 13 26 14 28 15 30 16 32 17 34 18 36 19 38 20 40 20+ 40 This City will continue to pay for benefits, after the notice procedure timeframe, in accordance with the following schedule: • Employees with five (5) or less years of service – one (1) month • Employees with five (5) plus years of service – two (2) months
21.08 A Farewell Recognition Award will be at liberty to recall another employee. The provided for a Permanent employee shall be required to show proof of such illness or accident.as per
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALLS. (a) Employees Layoffs and recalls shall be based on the employee's seniority with the Employer within the Employer’s established bargaining units as defined in this Article. Hourly bargaining unit management employees shall not be bumped by non- management employees. In the event a store needs to lay off an employee, as opposed to a reduction in hours, the least senior employee in the affected job will be laid off but, if qualified, shall be given the option of displacing the least senior employee in reverse order the store (who shall be laid off unless such employees has one or more years of seniority whenever there is a reduction of employees in which case such employee shall be allowed to displace the least senior employee in the geographic area or bargaining unit, if qualified) or of accepting the layoff. Any employee who has been laid-off shall have their name placed on a preferential recall list for employment within their department and classification within the geographic area or bargaining unit. Such employee shall be obligated to accept the offer of employment when tendered or be removed from the preferential recall list. An employee who is removed from the preferential recall list will then be recalled under the regular terms as described in this Article. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position Employer shall recall employees on a site.
(b) The Company shall notify employees whose position is to be eliminated due layoff to the loss of work at a specific site or the loss of the entire site at least five (5) working days store from which they were laid off prior to the effective date hiring a new employee. Any employee recalled shall be required to report within seventy-two (72) hours after telephone notice or delivery or attempted delivery of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered certified mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present last address on record. In the event of location where he may be reached. The employee who fails employee's failure to do so shall forfeit notify the Employer of his right availability for work as provided herein, or in the event of recall.
(d) If, within one (1) calendar day from the failure to report as required herein after receipt of such proper notice, the employee accepts shall be considered as having terminated service with the recall, the job Employer. Copies of recall notices will be held open simultaneously mailed to the Union. An employee being recalled from layoff shall not be required to complete another application for one (1) calendar day from employment. The most senior full-time employee who has been reduced to part-time employment shall be offered the day of first full-time position that opens in the employee's acceptancestore and classification, if qualified. In If a part-time employee achieves full-time status within the event store as provided herein where a more senior previously classified full-time employee in that such recalled employee is employed elsewhere at the store has been reduced to part-time of recallstatus, the Company will hold most senior employee within that store, department and classification shall be entitled to the full-time position vacant for two (2) weeks achieved as provided herein, if qualified. Recognizing that changes in operations, conditions, etc., may occur during the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delaylife of this Agreement, the Company Employer and the Union agree, that if mutually agreed, the parties may meet and, if appropriate, discuss or alter seniority to better suit the needs of the parties. Any agreement reached must be reduced to writing and signed by the appropriate parties before it could be placed in effect. Current store seniority lists shall give notice be maintained and made available in each store to employees of recall the store and the Union Business Representatives upon request. Upon request by telephone until able the Union, the Employer agrees to find within thirty (30) calendar days provide a qualified employee who is prepared seniority list of the employees covered by this Agreement, provided such requests are not made more than twice in each six (6) month period. The seniority lists shall be subject to report to work immediately.
challenge for fifteen (f15) If the employee declines the position, or fails to respond calendar days following submission to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accidentUnion.
Appears in 1 contract
Samples: Collective Bargaining Agreement
