Common use of LAYOFFS AND RECALLS Clause in Contracts

LAYOFFS AND RECALLS. 10.01 The Employer shall notify the Employees and the Union who are to be laid- off ten (10) working days prior to the effective date of lay-off, or award pay in lieu thereof. 10.02 Whenever it becomes necessary to decrease the working force, probationary Employees will be the first laid off. If further layoffs are necessary, Employees with the least amount of seniority shall be laid off. 10.03 Any employee who is laid off may displace an employee with less seniority provided that he/she possesses the necessary skills and abilities to perform the job without training. There shall be a maximum of three “bumps” from first layoff to last, with the last “bump” being to the most junior employee or the third affected employee accepts the layoff. 10.04 The Employer will provide the Chairperson of the Union Committee with a list of Employees to be laid off or recalled, also any cancellation of such notices. 10.05 It is the responsibility of Employees to ensure that the Employer has a current address and telephone number at all times. If an Employee should fail to do so, the Employer will not be responsible for the failure of any communication to reach the Employee. 10.06 When recalling Employees after lay-off, they shall be recalled by reverse order of seniority provided that they have the skills and ability to perform the job available. Bargaining unit jobs may be posted during a layoff only if employees with the appropriate level of skills and ability are not available.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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LAYOFFS AND RECALLS. 10.01 The Employer shall notify the Employees and the Union who are to be laid- off ten (10) working days prior to the effective date of lay-off, or award pay in lieu thereof. 10.02 Whenever it becomes necessary to decrease the working forceforce probationary, probationary Employees will be the first laid off. If further layoffs are necessary, Employees with the least amount of seniority shall be laid off. 10.03 Any employee who is laid off may displace an employee with less seniority provided that hethat, in the opinion of the Employer, she/she he possesses the necessary skills and abilities to perform abilities, is capable of performing the job without trainingduties. There shall be a maximum of three “bumps” from first layoff to last, with the last “bump” being to the most junior employee or the third affected employee accepts the layoff. 10.04 The Employer will provide the Chairperson of the Union Committee with a list of Employees to be laid off or recalled, also any cancellation of such notices. 10.05 It is the responsibility of Employees to ensure that the Employer has a current address and telephone number at all times. If an Employee should fail to do so, the Employer will not be responsible for the failure of any communication to reach the Employee. 10.06 When recalling Employees after lay-off, they shall be recalled by reverse order of seniority provided that they have the skills and ability to perform the job available. Bargaining unit jobs may be posted during a layoff only if employees Employees with the appropriate level of skills and ability are is not available.

Appears in 1 contract

Samples: Collective Agreement

LAYOFFS AND RECALLS. 10.01 8.1 The Employer shall notify the Employees Company will give at least six (6) working days’ notice to non-probationary employees and the Union who are to be laid- union of a temporary layoff and in the case of a permanent lay-off ten eleven (1011) working days prior to the effective date of lay-off, or award pay in lieu thereofdays’ notice. 10.02 8.2 Whenever it becomes necessary to decrease the working force, probationary Employees employees will be the first laid off. If further layoffs are necessary, Employees employees with the least amount of seniority shall be laid off, provided those remaining employees with more seniority have the skill and ability to do the work available. 10.03 Any employee who is 8.3 When employees are laid off may displace off, in the event of a dispute regarding an employee with less seniority provided that he/she possesses the necessary skills employee’s skill and abilities ability to perform the job without trainingavailable work, such employee will be given up to five (5) working days to determine their skill and ability. There shall Where the Company reasonably concludes that the employee cannot perform the job, the trial period may be a maximum ended prior to the expiry of three “bumps” from first layoff to last, five working days. The Company will discuss the early termination of the trial period with the last “bump” being Plant Chairperson prior to the most junior employee or the third affected employee accepts the layoffterminations. 10.04 8.4 The Employer Union Plant Committee will be retained in the employ of the Company during their respective terms of office, notwithstanding their position on the seniority list, so long as the Company has work available which they have the skill and ability to perform. 8.5 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 have the skill and ability to do the work available. 8.6 The Company will provide the Chairperson of the Union Plant Committee with a list of Employees to be employees laid off or recalled, also any cancellation of such notices. 10.05 It 8.7 Should an unscheduled labour dispute or a total emergency plant shutdown cause CAMI’s operations to cease, it is the responsibility of Employees to ensure understood that the Employer has a current address and telephone number at all times. If an Employee should fail to do so, the Employer will Company would not be responsible for required to apply the failure of any communication temporary layoff notice period referred to reach the Employeein Article 8.01. 10.06 When recalling Employees after lay-off, they shall be recalled by reverse order of seniority provided that they have the skills and ability to perform the job available. Bargaining unit jobs may be posted during a layoff only if employees with the appropriate level of skills and ability are not available.

Appears in 1 contract

Samples: Collective Agreement

LAYOFFS AND RECALLS. 10.01 The Employer shall notify 13.01 In the Employees and event of layoff, the Union who are to be laid- off ten (10) working days prior to the effective date of lay-off, or award pay in lieu thereof. 10.02 Whenever it becomes necessary to decrease the working force, probationary Employees will be the first laid off. If further layoffs are necessary, Employees with the least amount of seniority shall be laid off. 10.03 Any employee who is laid off may displace an employee with less seniority provided that he/she possesses the necessary skills and abilities to perform the job without training. There shall be a maximum of three “bumps” from first layoff to last, with the last “bump” being to the most junior employee or the third affected employee accepts the layoff. 10.04 The Employer will provide the Chairperson of affected Employee(s) with notice in accordance with the Union Committee with a list of Employees to be laid off or recalled, also any cancellation of such notices. 10.05 It is Employment Standards Act. The Employer shall layoff in the responsibility of Employees to ensure that the Employer has a current address and telephone number at all times. If an Employee should fail to do so, the Employer will not be responsible for the failure of any communication to reach the Employee. 10.06 When recalling Employees after lay-off, they shall be recalled by reverse order of seniority provided that they there remain on the job employees who have the skills immediate skills, ability and ability qualifications to perform the work. An employee who is subject to layoff shall have the right to either I. Accept the layoff; or II. Displace an employee with lesser bargaining unit seniority, provided the employee originally subject to layoff is immediately qualified for and can perform the duties of the job availablewithout training, other than orientation. Bargaining unit jobs may The decision of the employee to choose (I) or (II) above shall be posted during given in writing to the Administrator within one calendar week following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. 13.02 Employees shall be recalled in order of seniority. Notice of recall shall be sent by registered mail to the employees last known address. Subject to the provisions of Article 11.04 (e), the employee must return to work pursuant to a layoff only if recall from lay-off that was mailed by registered mail to the employee. In the event that she does not respond to the notice, she shall lose all seniority and shall be considered to have resigned her employment. 13.03 No new full-time or part-time employees with shall be hired until all those laid off and those who have the appropriate level of skills same qualified skill and ability are not have been given an opportunity to return to work and have failed to do so, in accordance with this Article, or have been found unable to perform the work available. 13.04 Each employee shall keep the employer informed of any changes in their employment-related information. The Employer shall be entitled to rely on the most recent address and telephone number furnished by the employee for all purposes.

Appears in 1 contract

Samples: Collective Agreement

LAYOFFS AND RECALLS. 10.01 11.01 Employment rights shall terminate and an employee shall cease to be employed by the Employer in the bargaining unit when she: a. voluntarily quits her employment with the Employer; b. is discharged and is not reinstated through the grievance procedure or arbitration; c. fails to report for work as scheduled for more than three (3) consecutive work days without having a justifiable reason for such failure to report; d. is laid off for ten (10) consecutive weeks; e. fails to report on the first day following the expiration of a leave of absence without just cause; f. is absent from work for a period of more than twenty- four (24) months due to a bona fide injury, or illness; g. fails to report to work following a recall within four (4) workdays if unemployed, or eight (8) workdays if employed elsewhere; h. takes a position with the Employer but outside the bargaining unit and that position is expected to last or has lasted for longer than the time outlined in d., above. 11.02 When, in the opinion of the Employer, a reduction of the workforce is inevitable, the Employer shall terminate the contract for temporary agency employees and sub- contracted workforce employees as soon as contractually permissible. Students and probationary employees shall be laid off prior to employees who have competed probation. Further reduction of the size of the regular workforce is guided by: • Skill, ability and qualifications of the employees, • other reasonable and objective standards • seniority of the employees Generally the employee with the greatest seniority shall be laid off last, provided the employee, as determined by the Employer, has the skill, ability, and qualifications to perform the work that is available. 11.03 When laying off an employee, the Employer shall give notice of at least four (4) hour’s or pay equivalent to and in lieu of such notice. 11.04 The Employer shall notify the Employees Union office and the Union who are to be laid- off ten stewards within three (103) working days prior to the of a layoff. Notice will include, for each employee laid off, name, effective date of lay-offlayoff, or award pay in lieu thereofexpected recall date unless the layoff is indefinite, years of service (seniority), employment classification and most recent contact information. 10.02 Whenever it becomes necessary to decrease 11.05 The recall of employees shall follow the working forcesame procedure and considerations used for the layoff of employees as set out above. That is, probationary Employees will be generally the first laid off. If further layoffs are necessary, Employees employee with the least amount greatest seniority within her classification or scope of seniority trade shall be laid off. 10.03 Any recalled first, provided the employee who is laid off may displace an employee with less seniority provided that he/she possesses the necessary skills available and abilities is able to perform the job without training. There shall be a maximum of three “bumps” from first layoff to last, with the last “bump” being to the most junior employee or the third affected employee accepts the layoff. 10.04 The Employer will provide the Chairperson of the Union Committee with a list of Employees to be laid off or recalled, also any cancellation of such notices. 10.05 It is the responsibility of Employees to ensure that the Employer has a current address and telephone number at all times. If an Employee should fail to do so, the Employer will not be responsible for the failure of any communication to reach the Employee. 10.06 When recalling Employees after lay-off, they shall be recalled by reverse order of seniority provided that they have the skills and ability to perform the job available. Bargaining unit jobs may be posted during a layoff only if employees with the appropriate level of skills and ability are not work available.

Appears in 1 contract

Samples: Collective Agreement

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LAYOFFS AND RECALLS. 10.01 8.1 The Employer shall notify the Employees and the Union who are to be laid- off ten Company will give at least six (106) working days prior notice to non-probationary employees and the effective date union of a temporary layoff and in the case of a permanent lay-off, or award pay in lieu thereofoff eleven (11) working days notice. 10.02 8.2 Whenever it becomes necessary to decrease the working force, probationary Employees employees will be the first laid off. If further layoffs are necessary, Employees employees with the least amount of seniority shall be laid off, provided those remaining employees with more seniority have the skill and ability to do the work available. 10.03 Any employee who is 8.3 When employees are laid off may displace off, in the event of a dispute regarding an employee with less seniority provided that he/she possesses the necessary skills employee’s skill and abilities ability to perform the job without trainingavailable work, such employee will be given up to five (5) working days to determine their skill and ability. There shall Where the Company reasonably concludes that the employee cannot perform the job, the trial period may be a maximum ended prior to the expiry of three “bumps” from first layoff to last, five working days. The Company will discuss the early termination of the trial period with the last “bump” being Plant Chairperson prior to the most junior employee or the third affected employee accepts the layoffterminations. 10.04 8.4 The Employer Union Plant Committee will be retained in the employ of the Company during their respective terms of office, notwithstanding their position on the seniority list, so long as the Company has work available which they have the skill and ability to perform. 8.5 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 have the skill and ability to do the work available. 8.6 The Company will provide the Chairperson of the Union Plant Committee with a list of Employees to be employees laid off or recalled, also any cancellation of such notices. 10.05 It 8.7 Should an unscheduled labour dispute or a total emergency plant shutdown cause CAMI’s operations to cease, it is the responsibility of Employees to ensure understood that the Employer has a current address and telephone number at all times. If an Employee should fail to do so, the Employer will Company would not be responsible for required to apply the failure of any communication temporary layoff notice period referred to reach the Employeein Article 8.01. 10.06 When recalling Employees after lay-off, they shall be recalled by reverse order of seniority provided that they have the skills and ability to perform the job available. Bargaining unit jobs may be posted during a layoff only if employees with the appropriate level of skills and ability are not available.

Appears in 1 contract

Samples: Collective Agreement

LAYOFFS AND RECALLS. 10.01 The Employer shall notify the Employees and the Union who are to be laid- laid-off ten (10) working days prior to the effective date of lay-off, or award pay in lieu thereof. 10.02 Whenever it becomes necessary to decrease the working force, probationary Employees will be the first laid off. If further layoffs are necessary, Employees with the least amount of seniority shall be laid off. 10.03 Any employee who is laid off may displace an employee with less seniority provided that he/she possesses the necessary skills and abilities to perform the job without training. There shall be a maximum of three “bumps” from first layoff to last, with the last “bump” being to the most junior employee or the third affected employee accepts the layoff. 10.04 The Employer will provide the Chairperson of the Union Committee with a list of Employees to be laid off or recalled, also any cancellation of such notices. 10.05 It is the responsibility of Employees to ensure that the Employer has a current address and telephone number at all times. If an Employee should fail to do so, the Employer will not be responsible for the failure of any communication to reach the Employee. 10.06 When recalling Employees after lay-off, they shall be recalled by reverse order of seniority provided that they have the skills and ability to perform the job available. Bargaining unit jobs may be posted during a layoff only if employees with the appropriate level of skills and ability are not available.

Appears in 1 contract

Samples: Collective Agreement

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