LAYOFFS & RECALLS. (a) Whenever layoffs in a seniority group are necessary, the Company shall first lay off: (i) temporary employees; (ii) probationary employees; and (iii) part-time employees; if any, in that seniority group before laying off regular employees, provided there remains enough employees to fulfil the normal requirements of the job. If further reduction of staff is required, the Company shall then lay off regular employees, it being understood that, in this instance, seniority is reversed (ie. the most junior person will be the first laid off), providing the employee can satisfactorily fulfil the normal requirements of the job. (b) When recalling regular employees, the last laid off employee shall be the first recalled, providing the employee can satisfactorily fulfil the normal requirements of the job. (c) If a regular employee is recalled for a period not exceeding five (5) working days duration, they may be laid off again without notice at the end of such recall. In cases of layoffs of regular employees for a period of more than five (5) working days, the Company shall endeavour to provide as much advance notice of layoff as possible, but in any case not less notice than required under The Employment Standards or wages in lieu thereof at regular rates, provided however, that no notice of layoff need be given where the operation is shut down due to an act of God, labour activities preventing the Company from processing or delivering is products or any other collective labour action over which the Company has no control. Further, where, as a result of lack of material, machinery breakdowns or other reasons beyond the Company’s control, temporary layoffs become necessary and the layoffs do not exceed one (1) week in duration, the affected employees may be laid off without notice, provided however, the Company will recognize their seniority by placing such employees in jobs occupied by junior employees for which they have the qualifications and ability to perform. In such circumstances the provisions of Article
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LAYOFFS & RECALLS. (a) Whenever layoffs in a seniority group are necessary, the Company shall first lay off:
(i) temporary employees;
(ii) probationary employees; and
(iii) part-time employees; if any, in that seniority group before laying off regular employees, provided there remains enough employees to fulfil the normal requirements of the job. If further reduction of staff is required, the Company shall then lay off regular employees, it being understood that, in this instance, seniority is reversed (ie. the most junior person will be the first laid off), ) providing the employee can satisfactorily fulfil fulfill the normal requirements of the job.
(b) When recalling regular employees, the last laid off employee shall be the first recalled, recalled providing the employee can satisfactorily fulfil fulfill the normal requirements of the job.
(c) If a regular employee is recalled for a period not exceeding five (5) working days duration, they may be laid off again without notice at the end of such recall. In cases of layoffs of regular employees for a period of more than five (5) working days, the Company shall endeavour to provide as much advance give five (5) working days or the appropriate number of days required under the Employment Standards Code C.C.S.M.c.E110, 2007, written notice of layoff as possible, but in any case not less notice than required under The Employment Standards or wages in lieu thereof at regular rates, provided however, that no notice of layoff need be given where the operation is shut down due to an act of God, labour activities preventing the Company from processing or delivering is products or any other collective labour action over which the Company has no control. Further, where, as a result of lack of material, machinery breakdowns or other reasons beyond the Company’s control, temporary layoffs become necessary and the layoffs do not exceed one (1) week in duration, the affected employees may be laid off without notice, provided however, the Company will recognize their seniority by placing such employees in jobs occupied by junior employees for which they have the qualifications and ability to perform. In such circumstances the provisions of ArticleArticle 12.13
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LAYOFFS & RECALLS. (a) Whenever layoffs in a seniority group are necessary, the Company shall first lay off:
(i) temporary employees;
(ii) probationary employees; and
(iii) part-time employees; if any, in that seniority group before laying off regular employees, provided there remains enough employees to fulfil the normal requirements of the job. If further reduction of staff is required, the Company shall then lay off regular employees, it being understood that, in this instance, seniority is reversed (ie. the most junior person will be the first laid off), providing the employee can satisfactorily fulfil the normal requirements of the job.
(b) When recalling regular employees, the last laid off employee shall be the first recalled, providing the employee can satisfactorily fulfil the normal requirements of the job.
(c) If a regular employee is recalled for a period not exceeding five (5) working days duration, they may be laid off again without notice at the end of such recall. In cases of layoffs of regular employees for a period of more than five (5) working days, the Company shall endeavour to provide as much advance notice of layoff as possible, but in any case not less notice than required under The Employment Standards or wages in lieu thereof at regular rates, provided however, that no notice of layoff need be given where the operation is shut down due to an act of God, labour activities preventing the Company from processing or delivering is products or any other collective labour action over which the Company has no control. Further, where, as a result of lack of material, machinery breakdowns or other reasons beyond the Company’s control, temporary layoffs become necessary and the layoffs do not exceed one (1) week in duration, the affected employees may be laid off without notice, provided however, the Company will recognize their seniority by placing such employees in jobs occupied by junior employees for which they have the qualifications and ability to perform. In such circumstances the provisions of Article’s
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LAYOFFS & RECALLS. (a) Whenever layoffs in a seniority group are necessary, the Company shall first lay off:
(i) temporary employees;
(ii) probationary employees; and
(iii) part-time employees; if any, in that seniority group before laying off regular employees, provided there remains enough employees to fulfil the normal requirements of the job. If further reduction of staff is required, the Company shall then lay off regular employees, it being understood that, in this instance, seniority is reversed (ie. the most junior person will be the first laid off), ) providing the employee can satisfactorily fulfil fulfill the normal requirements of the job.
(b) When recalling regular employees, the last laid off employee shall be the first recalled, recalled providing the employee can satisfactorily fulfil fulfill the normal requirements of the job.
(c) If a regular employee is recalled for a period not exceeding five (5) working days duration, they may be laid off again without notice at the end of such recall. In cases of layoffs of regular employees for a period of more than five (5) working days, the Company shall endeavour to provide as much advance give five (5) working days or the appropriate number of days required under the Employment Standards Code C.C.S.M.c.E110, 2007, written notice of layoff as possible, but in any case not less notice than required under The Employment Standards or wages in lieu thereof at regular rates, provided however, that no notice of layoff need be given where the operation is shut down due to an act of God, labour activities preventing the Company from processing or delivering is products or any other collective labour action over which the Company has no control. Further, where, as a result of lack of material, machinery breakdowns or other reasons beyond the Company’s control, temporary layoffs become necessary and the layoffs do not exceed one (1) week in duration, the affected employees may be laid off without notice, provided however, the Company will recognize their seniority by placing such employees in jobs occupied by junior employees for which they have the qualifications and ability to perform. In such circumstances the provisions of ArticleArticle 13.15
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS & RECALLS. (a) Whenever layoffs in a seniority group are necessary, the Company shall first lay off:
(i) temporary employees;
(ii) probationary employees; and
(iii) part-time employees; if any, in that seniority group before laying off regular employees, provided there remains enough employees to fulfil the normal requirements of the job. If further reduction of staff is required, the Company shall then lay off regular a. For all employees, it being is understood that, that a reduction in this instance, seniority is reversed (ie. the most junior person will be the first laid off), providing number of scheduled hours does not constitute a layoff unless the employee can satisfactorily fulfil the normal requirements has his/her hours reduced in excess of the job.
(b) When recalling regular employees, the last laid off employee shall be the first recalled, providing the employee can satisfactorily fulfil the normal requirements of the job.
(c) If a regular employee is recalled for a period not exceeding five (5) working hours bi-weekly. Such a reduction shall be seen as a layoff. In all cases of layoff and recall from layoff, the following factors shall be considered:
i. Seniority;
ii. Skill, efficiency and ability Where the factors in (b) are relatively equal in the judgment of the Employer, factor (a) shall govern provided the employee has the qualifications to perform the work in question. In determining the skill, efficiency and ability of an employee to perform the work for the purposes of paragraph (b) above, the Employer shall not act in an arbitrary or unfair manner. The Union office shall receive advance notice of any such layoff and the names of the employees concerned. Copies of each layoff notice will be given to a Xxxxxxx on the same day as the notice is delivered to the affected employee.
b. An employee whose position is subject to layoff shall have the right at the employee’s option to either:
i. Accept the layoff or reduction; or
ii. Displace an employee in the bargaining unit in a lower or identical paying classification, provided the employee is qualified for and can perform the duties of the lower or identical paying classification without training, other than orientation. An employee may only bump into a position which is equal or less in hours than their regularly scheduled position.
iii. Consistent with an opportunity to bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process. An employee will have five (5) calendar days duration, they may following written notification to indicate their choice. Failure to indicate within the above time limits will be deemed to mean that the layoff or reduction is accepted.
c. The Employer shall give each employee in the bargaining unit who has acquired seniority and who is to be laid off again without notice at the end of such recall. In cases of layoffs of regular employees for a period of more than five thirteen (513) working daysweeks, notice in writing of her layoff in accordance with the Employment Standards Act.
d. In determining the ability of an employee to perform the work for the purposes of paragraph (a) above, the Company Employer shall endeavour to provide as much advance notice not act in an arbitrary or unfair manner.
e. For short term layoffs, (one of layoff as less than thirteen (13) weeks duration) the Employer whenever possible, but in any case not shall give seniority employees concerned as well as the Union, no less notice than required under The Employment Standards or wages in lieu thereof at regular rates, provided however, that no notice of layoff need be given where the operation is shut down due to an act of God, labour activities preventing the Company from processing or delivering is products or any other collective labour action over which the Company has no control. Further, where, as a result of lack of material, machinery breakdowns or other reasons beyond the Company’s control, temporary layoffs become necessary and the layoffs do not exceed one (1) week notice of the intention to lay off employees. Such notice will be included in durationany notice necessary should the layoff become long term. This provision shall override the posted work schedule.
f. The following provisions shall apply to employees who have been laid off as provided in 15.01 (a) and (b) and who, as a result, are no longer in active employment with the affected Employer.
i. All employees shall be recalled from a layoff to available openings before such opening is filled on a regular basis under a job posting procedure.
ii. Such employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the layoff should it become vacant within six (6) months of being recalled
iii. No new employee shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Employer of their intention to do so, in accordance with (iv) below, or are unable to perform the work available in accordance with Article 15.01 (a).
iv. It is the sole responsibility of the employee who has been laid off to notify the Employer of her intention to return to work within three (3) days (exclusive of Saturday, Sunday and paid holidays) after being notified to do so. Such notice may be laid off without noticeby registered mail, provided however, addressed to the Company will recognize their seniority by placing such employees in jobs occupied by junior employees last address on record with the Employer (which notification shall be deemed to have been received on the second day following the day of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report to work. The employee is solely responsible for which they have her proper address being on record with the qualifications and ability to perform. In such circumstances the provisions of ArticleEmployer.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS & RECALLS. (a) Whenever layoffs in a seniority group are necessary, the Company shall first lay off:
(i) temporary employees;
(ii) probationary employees; and
(iii) part-time employees; if any, in that seniority group before laying off regular employees, provided there remains enough employees to fulfil the normal requirements of the job. If further reduction of staff is required, the Company shall then lay off regular a. For all employees, it being is understood that, that a reduction in this instance, seniority is reversed (ie. the most junior person will be the first laid off), providing number of scheduled hours does not constitute a layoff unless the employee can satisfactorily fulfil the normal requirements has his/her hours reduced in excess of the job.
(b) When recalling regular employees, the last laid off employee shall be the first recalled, providing the employee can satisfactorily fulfil the normal requirements of the job.
(c) If a regular employee is recalled for a period not exceeding five (5) working hours bi-weekly. Such a reduction shall be seen as a layoff. In all cases of layoff and recall from layoff, the following factors shall be considered:
i. Seniority;
ii. Skill, efficiency and ability Where the factors in (b) are relatively equal in the judgment of the Employer, factor (a) shall govern provided the employee has the qualifications to perform the work in question. In determining the skill, efficiency and ability of an employee to perform the work for the purposes of paragraph (b) above, the Employer shall not act in an arbitrary or unfair manner. The Union office shall receive advance notice of any such layoff and the names of the employees concerned. Copies of each layoff notice will be given to a Xxxxxxx on the same day as the notice is delivered to the affected employee.
b. An employee whose position is subject to layoff shall have the right at the employee’s option to either:
i. Accept the layoff or reduction; or
ii. Displace an employee in the bargaining unit in a lower or identical paying classification, provided the employee is qualified for and can perform the duties of the lower or identical paying classification without training, other than orientation. An employee may only bump into a position which is equal or less in hours than their regularly scheduled position.
iii. Consistent with an opportunity to bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process. An employee will have five (5) calendar days duration, they may following written notification to indicate their choice. Failure to indicate within the above time limits will be deemed to mean that the layoff or reduction is accepted.
c. The Employer shall give each employee in the bargaining unit who has acquired seniority and who is to be laid off again without notice at the end of such recall. In cases of layoffs of regular employees for a period of more than five thirteen (513) working daysweeks, notice in writing of her layoff in accordance with the Employment Standards Act.
d. In determining the ability of an employee to perform the work for the purposes of paragraph (a) above, the Company Employer shall endeavour to provide as much advance notice not act in an arbitrary or unfair manner.
e. For short term layoffs, (one of layoff as less than thirteen (13) weeks duration) the Employer whenever possible, but in any case not shall give seniority employees concerned as well as the Union, no less notice than required under The Employment Standards or wages in lieu thereof at regular rates, provided however, that no notice of layoff need be given where the operation is shut down due to an act of God, labour activities preventing the Company from processing or delivering is products or any other collective labour action over which the Company has no control. Further, where, as a result of lack of material, machinery breakdowns or other reasons beyond the Company’s control, temporary layoffs become necessary and the layoffs do not exceed one (1) week notice of the intention to lay off employees. Such notice will be included in durationany notice necessary should the layoff become long term. This provision shall override the posted work schedule.
f. The following provisions shall apply to employees who have been laid off as provided in 15.01 (a) and (b) and who, as a result, are no longer in active employment with the affected Employer.
i. All employees shall be recalled from a layoff to available openings before such opening is filled on a regular basis under a job posting procedure.
ii. Such employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the layoff should it become vacant within six (6) months of being recalled
iii. No new employee shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Employer of their intention to do so, in accordance with (iv) below, or are unable to perform the work available in accordance with Article
15.01 (a).
iv. It is the sole responsibility of the employee who has been laid off to notify the Employer of her intention to return to work within three (3) days (exclusive of Saturday, Sunday and paid holidays) after being notified to do so. Such notice may be laid off without noticeby registered mail, provided however, addressed to the Company will recognize their seniority by placing such employees in jobs occupied by junior employees last address on record with the Employer (which notification shall be deemed to have been received on the second day following the day of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report to work. The employee is solely responsible for which they have her proper address being on record with the qualifications and ability to perform. In such circumstances the provisions of ArticleEmployer.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS & RECALLS. (a) Whenever layoffs in Section 1: When the Employer determines that a seniority group are layoff or job abolishment is necessary, the Company Employer shall first lay off:notify the least senior Employee(s) in the affected job classification and the Union at least fourteen (14) calendar days in advance of the effective date of such layoff. If the Union requests, the parties shall meet to discuss the Employer’s action.
(i) temporary employees;Section 2: The Employer shall determine when a layoff will occur. Affected Employees will be laid off in accordance with their bargaining unit seniority. In the event that more than one Employee has the same date of hire, seniority will be determined by alphabetical listing of their last name with “A” being the highest and “Z” being the lowest in seniority on the initial date of hire.
(ii) probationary employees; and
(iii) Section 3: If a layoff occurs, full-time Emergency Dispatchers may exercise their bargaining unit seniority to bump the least senior full-time call-taker. Affected full-time Employees may also bump part-time employees; if any, Employees in that seniority group before laying off regular employees, provided there remains enough employees to fulfil the normal requirements of the job. If further reduction of staff is required, the Company shall then lay off regular employees, it being understood that, in this instance, seniority is reversed (ie. the most junior person will be the first laid off), providing the employee can satisfactorily fulfil the normal requirements of the jobtheir own job classifications.
(b) When recalling regular employees, the last Section 4: Employees who are laid off employee shall be the first recalled, providing the employee can satisfactorily fulfil the normal requirements of the job.
(c) If placed on a regular employee is recalled for a period not exceeding five (5) working days duration, they may be laid off again without notice at the end of such recall. In cases of layoffs of regular employees recall list for a period of more than five twelve (12) months. If there is a recall, Employees who are still on the recall list shall be recalled in the inverse order of their layoff. Seniority will terminate after twelve (12) months.
Section 5: Notice of recall shall be sent to the Employee by certified mail. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice by certified mail with a copy of such notice to be sent to the Union, return receipt requested, to the last mailing address provided by the Employee.
Section 6: The recall Employee shall have seven (7) working days, calendar days following the Company date of the receipt of the recall notice as received by the Union or Employee to notify the Employer of their intention to return to work. The Employee shall endeavour have three (3) additional days to provide as much advance notice of layoff as possible, but report for duty unless a later date for returning to work is otherwise specified in any case not less notice than required under The Employment Standards or wages in lieu thereof at regular rates, provided however, that no notice of layoff need be given where the operation is shut down due to an act of God, labour activities preventing the Company from processing or delivering is products or any other collective labour action over which the Company has no control. Further, where, as a result of lack of material, machinery breakdowns or other reasons beyond the Company’s control, temporary layoffs become necessary and the layoffs do not exceed one (1) week in duration, the affected employees may be laid off without notice, provided however, the Company will recognize their seniority by placing such employees in jobs occupied by junior employees for which they have the qualifications and ability to perform. In such circumstances the provisions of Article.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS & RECALLS. 7.01 The Employer will give at least fourteen (a14) days notice to employees and the Union of any contemplated layoffs. The Employer agrees to meet with the Union if requested by the Union to discuss the layoffs.
7.02 Whenever layoffs in a seniority group are necessaryit becomes necessary to decrease the work force, the Company shall first lay off:
(i) temporary employees;
(ii) probationary employees; and
(iii) part-time employees; if any, in that seniority group before laying off regular employees, provided there remains enough employees to fulfil the normal requirements of the job. If further reduction of staff is required, the Company shall then lay off regular employees, it being understood that, in this instance, seniority is reversed (ie. the most junior person will be the first laid off). If further layoffs are necessary, providing employees with the employee can satisfactorily fulfil the normal requirements least amount of the job.
(b) When recalling regular employees, the last laid off employee seniority shall be laid off, provided those remaining employees with more seniority are able and willing to do the first recalled, providing work available. In the employee can satisfactorily fulfil the normal requirements event of the job.
(c) If such a regular employee is recalled for a period not exceeding layoff all employees will be given five (5) working days durationnotice of the layoff.
7.03 In the event of a dispute regarding an employee’s ability to perform the available work, they may such employee will be laid off again without notice at the end of such recall. In cases of layoffs of regular employees for given a period of more than five (5) working days, day trial for the Company shall endeavour purpose of determining their ability.
7.04 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.
7.05 The Employer will provide as much advance notice the Chairperson of layoff as possible, but in any case not less notice than required under The Employment Standards or wages in lieu thereof at regular rates, provided however, that no notice the Union Committee with a list of layoff need be given where the operation is shut down due employees to an act of God, labour activities preventing the Company from processing or delivering is products or any other collective labour action over which the Company has no control. Further, where, as a result of lack of material, machinery breakdowns or other reasons beyond the Company’s control, temporary layoffs become necessary and the layoffs do not exceed one (1) week in duration, the affected employees may be laid off without noticeor recalled, provided howeveralso any cancellation of such.
7.06 In a permanent layoff situation where a full time or part time position is being eliminated, the Company Employer shall lay off the least senior full time or part time employee(s) at the location where the layoff is occurring. If laid off, an employee will recognize be presented with their lay off options and will have two (2) weeks to decide which option they would like. If an employee does not make a choice within the two (2) weeks, it will be determined that the employee has decided to terminate their employment. A full time employee may bump a full time employee at the same or another location with lesser seniority by placing such in the same or lower classification or a part time employee at the same location or in any other location with lesser seniority in the same or lower classification. A part time employee may bump a part time employee in the same or lower classification with less seniority in the same location or another location. Part time employees in jobs occupied by junior employees for which they have the qualifications and ability to perform. In such circumstances the provisions of Articlecannot bump full time employees.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS & RECALLS. (a) Whenever Should it become necessary to lay off any employee on account of lack of work or reduction of forces, layoffs shall be made in the inverse order of Unit seniority of the employees within their occupational group defined as Locator - Electric; Operations Assistant - Electric; Linemen - Electric; Crew Leader - Electric; Sr. Crew Leader - Electric; and Xxxxxxx - Electric. A more senior employee may bump another employee in a seniority lower occupational group are necessaryif the employee is fully qualified to perform the duties of that position at time of lay off. The employee must notify the Employer within two working days of the date of the layoff notice of his intent to bump. The Employer shall give each such employee or employees affected a reasonable notice in advance, normally not less than 15 days. In lieu of advance notice, however, the Company shall first lay off:
(i) temporary employees;
(ii) probationary employees; and
(iii) partCity may provide 120 hours straight-time employees; if anyseverance pay to the employee or employees being laid off. If, thereafter, a vacancy occurs in that seniority group before laying off regular employees, provided there remains enough employees to fulfil the normal requirements of the job. If further reduction of staff is requiredan IBEW position, the Company shall then lay off regular employees, it being understood that, in this instance, seniority is reversed (ie. the most junior person will be the first laid off), providing the employee can satisfactorily fulfil the normal requirements of the job.
(b) When recalling regular employees, the last laid laid- off employee shall be offered the first recalledopportunity of filling same in accordance with his seniority status, providing provided such laid off employee has recall rights (refer to Section 7.2) and is fully qualified to perform the employee can satisfactorily fulfil the normal requirements duties of the job.
(c) position at time of recall. If a regular employee is recalled Xxxxxxx - Electric/Crew Leader - Electric/Lineman - Electric bumps to a lower occupational group within the IBEW due to layoffs, he holds his rights to his higher position for a period not exceeding five (5) working days duration, they may be laid off again without notice at two years. If after two years the end of such recall. In cases of layoffs of regular employees for a period of more than five (5) working daysposition becomes available, the Company shall endeavour to provide position will be posted per Section 12.4 Posting and Available Positions. Occupational groups are as much advance notice of layoff as possible, but in any case not less notice than required under The Employment Standards or wages in lieu thereof at regular rates, provided however, that no notice of layoff need be given where the operation is shut down due to an act of God, labour activities preventing the Company from processing or delivering is products or any other collective labour action over which the Company has no controlfollows: • Xxxxxxx - Electric • Sr. Further, where, as a result of lack of material, machinery breakdowns or other reasons beyond the Company’s control, temporary layoffs become necessary and the layoffs do not exceed one (1) week in duration, the affected employees may be laid off without notice, provided however, the Company will recognize their seniority by placing such employees in jobs occupied by junior employees for which they have the qualifications and ability to perform. In such circumstances the provisions of ArticleCrew Leader - Electric • Crew Leader - Electric • Lineman - Electric • Apprentice Lineman - Electric • Locator - Electric • Operations Assistant - Electric
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS & RECALLS. (a) Whenever layoffs The Employer shall have the right, in case of emergency, to lay-off employees without regard to seniority standing in the event of a seniority group lay-off of one working day or less in duration provided, however, that no one employee shall be laid-off as a result of such
b) This article shall not apply to casual employees, or any other employees who are necessarycalled in or added to the schedule as a result of a special function or to replace employees absent for any reason.
c) In the event of a proposed lay-off of a permanent or long-term nature or the elimination of a position within the bargaining unit, the Company shall first lay offEmployer shall:
1. Provide the Union with no less than sixty (i60) temporary employees;days written notice of the proposed lay-off or elimination of the position. The parties shall meet within two weeks of the Union receiving the written notice to investigate all options, including but not limited to vacancies, with a view to resolving any situation giving rise to a potential lay-off,
(ii) probationary employees; and
(iii) part-time employees; 2. Provide to the affected employee(s), if any, not less than sixty (60) days written notice of the lay-off, delivered in that person or by registered mail.
d) Where a lay-off results in the subsequent displacement of any member(s) of the bargaining unit, the original notice to the Union provided as above shall be considered notice to the Union of any subsequent lay-off.
15.2 Role of Seniority in Lay-Offs
a) Accept the lay-off or,
b) Opt to retire, if eligible under the terms of the pension plan, or,
c) Fill a vacant position provided they have the qualifications to perform the duties of the position,
d) Displace another employee who has lesser bargaining unit seniority group before laying if the employee originally subject to the lay-off regular employees, provided there remains enough employees has the ability to fulfil meet the normal requirements of the job. If further reduction An employee so displaced shall be deemed to have been laid-off and shall be entitled to notice under Article 15.1 Upon receipt of staff is requireda notice of lay-off a meeting shall be held within one week to discuss the employee’s options as outlined in 15.1 a, b, c, or d. The employer shall have all information that the Company employee may require to make a decision. An employee who chooses to exercise the right to displace another employee with lesser seniority or to fill a vacant position shall then lay advise the Employer of his or her intention to do so and the position claimed within four (4) working days of the meeting held to discuss options.
15.3 An Employee about to be laid off regular employees, it being understood that, in this instance, seniority is reversed (ie. the most junior person will be the first laid off)may bump any Employee with less seniority, providing the employee can satisfactorily fulfil Employee exercising the normal requirements of right possesses the job.
(b) When recalling regular employees, the last laid off employee shall be the first recalled, providing the employee can satisfactorily fulfil the normal requirements of the job.
(c) If a regular employee is recalled for a period not exceeding five (5) working days duration, they may be laid off again without notice at the end of such recall. In cases of layoffs of regular employees for a period of more than five (5) working days, the Company shall endeavour to provide necessary qualifications as much advance notice of layoff as possible, but identified in any case not less notice than required under The Employment Standards or wages in lieu thereof at regular rates, provided however, that no notice of layoff need be given where the operation is shut down due to an act of God, labour activities preventing the Company from processing or delivering is products or any other collective labour action over which the Company has no control. Further, where, as a result of lack of material, machinery breakdowns or other reasons beyond the Company’s control, temporary layoffs become necessary and the layoffs do not exceed one (1) week in duration, the affected employees may be laid off without notice, provided however, the Company will recognize their seniority by placing such employees in jobs occupied by junior employees for which they have the qualifications and ability to perform. In such circumstances the provisions of Article
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS & RECALLS. 7.01 The Company will give at least two (a2) working days notice for a layoff expected to last less than three (3) weeks and five (5) working days notice for a layoff expected to last more than three (3) weeks. The Company will endeavour to extend any lay-off in the first quarter of each year to a 5 day minimum. These time limits shall not apply in cases of emergency.
7.02 Whenever layoffs in a seniority group are necessaryit becomes necessary to decrease the working force, the Company shall first lay off:
(i) temporary employees;
(ii) probationary employees; and
(iii) part-time employees; if any, in that seniority group before laying off regular employees, provided there remains enough employees to fulfil the normal requirements of the job. If further reduction of staff is required, the Company shall then lay off regular employees, it being understood that, in this instance, seniority is reversed (ie. the most junior person will be the first laid off), providing if further layoffs are necessary, employees with the employee can satisfactorily fulfil least amount of seniority shall be laid off, provided those remaining employees with more seniority are able and willing to do the normal requirements of the jobwork available.
7.03 In the event of a dispute regarding an employee’s ability to perform the available work, such employee will be given a two (b2) When recalling regular employees, the last laid off employee shall be the first recalled, providing the employee can satisfactorily fulfil the normal requirements of the job.
(c) If a regular employee is recalled for a period not exceeding day working trial and up to five (5) working days durationto review by mutual agreement for the purpose of determining their ability.
7.04 The 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 may are able and willing to perform.
7.05 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.
7.06 The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off again without notice at the end or recalled, also any cancellation of such recall. notices.
7.07 It shall be the duty of the employee or laid off person to notify the Company promptly, in writing, of any change of address and contact phone number.
7.08 In cases the event of layoffs the shortening of regular employees for a period of scheduled shift by more than five (5) working days, the Company shall endeavour to provide as much advance notice of layoff as possible, but in any case not less notice than required under The Employment Standards or wages in lieu thereof at regular rates, provided however, that no notice of layoff need be given where the operation is shut down due to an act of God, labour activities preventing the Company from processing or delivering is products or any other collective labour action over which the Company has no control. Further, where, as a result of lack of material, machinery breakdowns or other reasons beyond the Company’s control, temporary layoffs become necessary and the layoffs do not exceed one (1) week in duration, the affected employees may be laid off without notice, provided however, 2 hours the Company will recognize canvas employees by seniority to replace temporary workers. . Senior employees exercising their seniority by placing such employees in jobs occupied by right to bump junior employees for which must complete the remaining shift of the employee they have are bumping. The Company also reserves the qualifications and ability right to perform. In such circumstances the provisions of Articleretain senior
Appears in 1 contract
Samples: Collective Agreement
