Common use of Layoffs and Rehiring Clause in Contracts

Layoffs and Rehiring. In the event of a curtailment of operations or a layoff of a week or more, the Company will reschedule employees to accommodate the premise that the last person hired is the first person to be laid off, provided that employees exercising their seniority must be able to perform the work with a minimum amount of training and orientation (minimum training is defined as three (3) work days or less) and is paid the rate of the job. On an individual basis the Company and the Union can discuss a longer training period. It is recognized that certain jobs require lengthy training periods due to their complexity and/or required skills. If a lay-off or curtailment has the potential of exceeding three (3) months, the Company and Union will meet to work out a training schedule for affected employees. It is also recognized that maintenance/craft jobs require extensive training, and these jobs are exempt from this clause. When, due to curtailment or layoff, an employee has been placed on another job and an opening occurs on their signed up job because of someone being sick, on vacation, leave of absence, or any other reason for a week or more, the employee will exercise their rights and be returned to their original job. An employee assigned a lower rated job because of a decline in operations and/or a layoff shall be paid the rate of the job which they are assigned. When it becomes necessary to lay off employees according to the provisions of this Agreement, the Company shall post the layoff list at the same time it posts the weekly schedule, when reasonably possible, and allowing exceptions for emergencies. At the same time a copy of the layoff list shall be given to the Union. The Union shall likewise be given a list of all recalled employees as soon as possible. Each Tuesday the Company shall update a rolling notice showing the number of possible layoffs for the next four (4) weeks, subject to revisions until the final weekly layoff list is posted.

Appears in 2 contracts

Samples: Collective Bargaining Agreement (Diamond Brands Inc), Collective Bargaining Agreement (Diamond Brands Operating Corp)

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Layoffs and Rehiring. 9.01 In the event the City of Superior considers scheduling a curtailment layoff, the matter shall first be submitted to the Union Committee so that the parties can agree on an orderly, acceptable process. Strict application of operations unit-wide seniority will prevail, providing that the remaining are qualified to perform the available work or unless exceptional circumstances occur which would prohibit the parties from following the unit-wide list. The following procedure shall be utilized: A) When a layoff is scheduled in any particular division as defined in Article 8.01 of a week or morethe working agreement, the Company impacted employee will reschedule use his/her divisional seniority until all positions within their division are filled, at which time the youngest in point of service in that division shall be laid off according to their divisional seniority, providing however, that the remaining employees are qualified to accommodate perform the premise available work. B) The laid off employees will then exercise their unit-wide seniority to bump into a job classification that they can hold and are qualified to perform and will retain their unit-wide seniority date when moving to a different division as their divisional seniority date in that division. C) The laid off employee must be qualified for the classification into which they are bumping. If they are not considered qualified by the Employer, they will be placed in a classification for which they are deemed qualified by the Joint Committee of the Union and the Employer. D) The Union will advise the Employer whenever a regular full-time employee is laid off and a substitute employee is still retained in service. Upon receipt of such advice from the Union, the Employer will substitute the substitute employee by the regular employee, providing such regular employee has all of the qualifications, fitness and ability to perform the duties of the position. E) The salary for the employee exercising bumping rights will be that of the same salary step of the salary range for the job class bumped to as the step attained in the job class prior to layoff. 9.02 In no event will any full-time employee be laid off while any part-time, seasonal, temporary or Federal or State funded employee is retained on the payroll. A) Federal or State funded positions that would not qualify as bargaining unit positions are not covered under this Article. 9.03 Any dispute arising out of the layoff procedure may be subject to the grievance and arbitration procedure. 9.04 Employees shall be recalled following any layoff in inverse order to the layoff and the last person hired is laid off shall be the first person to be laid offrecalled, provided that employees exercising their seniority must be able providing the person is qualified to perform the work with a minimum amount available work. 9.05 In hiring additional employees, former qualified employees who have been laid off within two (2) years prior thereto, without delinquency or misconduct records on their part, shall receive preference over all other persons. 9.06 Notice of training and orientation recall for any employee who has been laid off shall be sent by certified mail (minimum training is defined as three (3return receipt) work days or less) and is paid to the rate last known address of the jobemployee. On an individual basis An employee on layoff shall notify the Company and City of any change in his/her address. Within ten (10) working days from delivery of the Union can discuss a longer training period. It is recognized that certain jobs require lengthy training periods due notice to their complexity and/or required skills. If a lay-off or curtailment has the potential of exceeding three (3) months, the Company and Union will meet to work out a training schedule for affected employees. It is also recognized that maintenance/craft jobs require extensive training, and these jobs are exempt from this clause. When, due to curtailment or layoff, an employee has been placed on another job and an opening occurs on their signed up job because of someone being sick, on vacation, leave of absence, or any other reason for a week or morelast reported address, the employee will exercise their rights and be returned to their original job. An employee assigned a lower rated job because of a decline in operations and/or a layoff shall be paid the rate of the job which they are assigned. When it becomes necessary to lay off employees according to the provisions of this Agreement, the Company shall post the layoff list at the same time it posts the weekly schedule, when reasonably possible, and allowing exceptions report for emergencies. At the same time a copy of the layoff list shall be given to the Union. The Union shall likewise be given a list of all recalled employees as soon as possible. Each Tuesday the Company shall update a rolling notice showing the number of possible layoffs for the next four (4) weeks, subject to revisions until the final weekly layoff list is postedwork.

Appears in 1 contract

Samples: Working Agreement

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Layoffs and Rehiring. 9.01 In the event the City of Superior considers scheduling a curtailment layoff, the matter shall first be submitted to the Union Committee so that the parties can agree on an orderly, acceptable process. Strict application of operations unit-wide seniority will prevail, providing that the remaining are qualified to perform the available work or unless exceptional circumstances occur which would prohibit the parties from following the unit-wide list. The following procedure shall be utilized: A) When a layoff of a week or moreis scheduled in any particular department, as referenced in Article 8.01 (A), the Company impacted employee will reschedule use his/her seniority until all positions are filled within the department, at which time the youngest in point of service in that department shall be laid off according to their departmental seniority, providing however, that the remaining employees are qualified to accommodate perform the premise available work. B) The laid off employees will then exercise their unit-wide seniority to bump into a job classification that they can hold and are qualified to perform, provided, however, that employees at the Public Library may not bump into non-Library positions and City employees employed at non-Library positions may not bump into Library positions. C) The laid off employee must be qualified for the classification into which they are bumping. If they are not considered qualified by the Employer, they will be placed in a classification for which they are deemed qualified by the Joint Committee of the Union and the Employer. D) The salary for the employee exercising bumping rights will be that of the same salary step of the salary range for the job class bumped to as the step attained in the job class prior to the layoff. E) Employees who move to a position which is not the same job class they hold or not a lower level job class in the series as referenced in Appendix A of this working agreement of their current position where they have completed a probationary period will serve a 90 working day probationary period. 9.02 The Union will advise the Employer whenever a regular full-time employee is laid off and a temporary employee is still retained in service. Upon receipt of such advice from the Union, the Employer will substitute the temporary employee by the regular employee, providing such regular employee has all of the qualifications, fitness and ability to perform the duties of the position and further provided that employees of the Public Library need not be substituted for temporary employees in non-Library positions and non- Library employees need not be substituted for temporary library employees. In no event will the City delay recall of full-time employees by expanding the use of part-time employees. 9.03 Any dispute arising out of the layoff procedure may be subject to the grievance and arbitration procedure. 9.04 The City will post vacant positions using the provisions of Article 8 prior to recalling employees from the layoff list. Employees shall be recalled following any layoff in inverse order to the layoff and the last person hired is laid off shall be the first person to be laid offrecalled, provided that employees exercising their seniority must be able providing the person is qualified to perform the work with available work. Employees at the Public Library shall not be entitled to be recalled to non-Library positions and employees laid off from non-Library positions shall not be entitled to be recalled to a minimum amount of training and orientation (minimum training is defined as three (3) work days or less) and is paid position at the rate of the job. On an individual basis the Company and the Union can discuss a longer training period. It is recognized that certain jobs require lengthy training periods due to their complexity and/or required skills. If a lay-off or curtailment has the potential of exceeding three (3) months, the Company and Union will meet to work out a training schedule for affected employees. It is also recognized that maintenance/craft jobs require extensive training, and these jobs are exempt from this clause. When, due to curtailment or layoff, an employee has been placed on another job and an opening occurs on their signed up job because of someone being sick, on vacation, leave of absence, or any other reason for a week or more, the employee will exercise their rights and be returned to their original job. An employee assigned a lower rated job because of a decline in operations and/or a layoff shall be paid the rate of the job which they are assigned. When it becomes necessary to lay off employees according Public Library. 9.05 Subject to the provisions of this Agreement9.04, the Company in hiring additional employees, former qualified employees who have been laid off within two (2) years prior thereto, without delinquency or misconduct records on their part, shall post the layoff list at the same time it posts the weekly schedule, when reasonably possible, and allowing exceptions for emergencies. At the same time a copy of the layoff list shall be given to the Union. The Union shall likewise be given a list of receive preference over all recalled employees as soon as possible. Each Tuesday the Company shall update a rolling notice showing the number of possible layoffs for the next four (4) weeks, subject to revisions until the final weekly layoff list is postedother persons.

Appears in 1 contract

Samples: Working Agreement

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