Common use of LAYOFFS, TRANSFERS RESULTING FROM LAYOFF AND REINSTATEMENT Clause in Contracts

LAYOFFS, TRANSFERS RESULTING FROM LAYOFF AND REINSTATEMENT. 1. Notwithstanding anything in this Agreement to the contrary, it is recognized that business conditions may require reduction of hours and/or layoffs of employees. In such an event, the following shall apply: (a) In laying off an employee, other than during the probationary period, the Employer agrees to abide by the seniority rule as defined above in the following precedence: Seniority in the store, seniority in the Company district if the Company has established and notified the Union of such bona fide Company district. The Company will advise the Union of its Company districts and any realignments thereof. If the Company does not have districts, seniority shall be on a Company-wide basis. In the event of the closure of all stores within an existing district, seniority for layoff purposes as provided in this Agreement may be applied to the remaining stores of the Company within the geographical jurisdiction of the Union Local in which the affected employees are employed at the time of such closure. It is not the intention of this clause to continue to retain a single store in the district for the purpose of making this Paragraph not operative. The Employer will give the Union advance notice of a permanent store closing. (b) The least senior full-time employee(s) being reduced in hours in the store, within classifications, may bump the least senior full-time employee working in the same classification within twenty-five (25) miles of his place of residence within the Company district in which he is employed. If such employee does not have sufficient seniority to displace the least senior full-time employee within the twenty-five (25) miles within such district, he may bump the least senior full-time employee in his classification within such Company district in which he is employed. Union jurisdictional lines shall no longer be applicable. (c) The affected full-time employee may elect not to bump the least senior full-time employee in his classification in the Company district in which he is employed and may take a reduction to part-time within his own store based on seniority and the hours available for which he is qualified and available to work. (d) The least senior full-time employee within the affected classification who is being displaced by the procedure in Paragraph (b) above, may bump the least senior full-time employee in his classification within the Company district in which he is employed. If the affected full-time employee is the least senior within the Company district, he shall be reduced to part-time within his own store or laid off based on seniority and qualifications. (e) The least senior part-time employee within an affected classification who is being laid off from work in his store, may displace the least senior part-time employee in the same classification within the Company district in the same manner as set forth in Paragraphs (b) and (d) above. If the affected part- time employee is the least senior within the Company district, he shall be laid off and shall have no bumping rights. (f) The above is subject to qualified employees being available to perform the required work. It is recognized that the affected employees must possess the necessary ability and qualifications to perform the available work when they assert their seniority rights under these provisions.

LAYOFFS, TRANSFERS RESULTING FROM LAYOFF AND REINSTATEMENT. 1. Notwithstanding anything in this Agreement to the contrary, it is recognized that business conditions may require reduction of hours and/or layoffs of employees. In such an event, the following shall applyapply to employees excluding Clerk’s Helpers and Snack Bar/Take-Out Food employees: (a) In laying off an employee, other than during the probationary period, the Employer agrees to abide by the seniority rule as defined above in the following precedence: Seniority in the store, seniority in the Company district if the Company has established and notified the Union of such bona fide Company district. The Company will advise the Union of its Company districts and any realignments thereof. If the Company does not have districts, seniority shall be on a Company-wide basis. In the event of the closure of all stores within an existing district, seniority for layoff purposes as provided in this Agreement may be applied to the remaining stores of the Company within the geographical jurisdiction of the Union Local in which the affected employees are employed at the time of such closure. It is not the intention of this clause to continue to retain a single store in the district for the purpose of making this Paragraph not operative. The Employer will give the Union advance notice of a permanent store closing. (b) The least senior full-time employee(s) being reduced in hours in the store, within classifications, may bump the least senior full-time employee working in the same classification within twenty-five (25) miles of his place of residence within the Company district in which he is employed. If such employee does not have sufficient seniority to displace the least senior full-time employee within the twenty-five (25) miles within such district, he may bump the least senior full-time employee in his classification within such Company district in which he is employed. Union jurisdictional lines shall no longer be applicable. (c) The affected full-time employee may elect not to bump the least senior full-time employee in his classification in the Company district in which he is employed and may take a reduction to part-time within his own store based on seniority and the hours available for which he is qualified and available to work. (d) The least senior full-time employee within the affected classification who is being displaced by the procedure in Paragraph (b) above, may bump the least senior full-time employee in his classification within the Company district in which he is employed. If the affected full-time employee is the least senior within the Company district, he shall be reduced to part-time within his own store or laid off based on seniority and qualifications. (e) The least senior part-time employee within an affected classification who is being laid off from work in his store, may displace the least senior part-time employee in the same classification within the Company district in the same manner as set forth in Paragraphs (b) and (d) above. If the affected part- part-time employee is the least senior within the Company district, he shall be laid off and shall have no bumping rights. (f) When an employee works within a district which includes both conventional stores and a majority of stores covered by a different collective bargaining agreement (combined district), and when no initial seniority bump is available in the combined district within twenty-five (25) miles of the employee’s home, the employee may bump into the geographically closest conventional store district. (g) The above is subject to qualified employees being available to perform the required work. It is recognized that the affected employees must possess the necessary ability and qualifications to perform the available work when they assert their seniority rights under these provisions. 2. Insofar as layoffs are concerned for employees on the “self-restricted” list, the application of the seniority rule shall be confined to other “self-restricted” employees only. 3. Insofar as layoffs are concerned for Clerk’s Helpers and Snack Bar/Take-Out Food employees, the application of the seniority rule shall be confined to the store in which they work. If such employees are laid off, they do not have any recall rights in any store other than the one from which they were laid off.

LAYOFFS, TRANSFERS RESULTING FROM LAYOFF AND REINSTATEMENT. 1. Notwithstanding anything in this Agreement to the contrary, it is recognized that business conditions may require reduction of hours and/or layoffs of employees. In such an event, the following shall applyapply to employees excluding Clerk's Helpers and Snack Bar/Take-Out Food employees: (a) In laying off an employee, other than during the probationary period, the Employer agrees to abide by the seniority rule as defined above in the following precedence: Seniority in the store, seniority in the Company district if the Company has established and notified the Union of such bona fide Company district. The Company will advise the Union of its Company districts and any realignments thereof. If the Company does not have districts, seniority shall be on a Company-wide basis. In the event of the closure of all stores within an existing district, seniority for layoff purposes as provided in this Agreement may be applied to the remaining stores of the Company within the geographical jurisdiction of the Union Local in which the affected employees are employed at the time of such closure. It is not the intention of this clause to continue to retain a single store in the district for the purpose of making this Paragraph not operative. The Employer will give the Union advance notice of a permanent store closing. (b) The least senior full-time employee(s) being reduced in hours in the store, within classifications, may bump the least senior full-time employee working in the same classification within twenty-five (25) miles of his place of residence within the Company district in which he is employed. If such employee does not have sufficient seniority to displace the least senior full-time employee within the twenty-five (25) miles within such district, he may bump the least senior full-time employee in his classification within such Company district in which he is employed. Union jurisdictional lines shall no longer be applicable. (c) The affected full-time employee may elect not to bump the least senior full-time employee in his classification in the Company district in which he is employed and may take a reduction to part-time within his own store based on seniority and the hours available for which he is qualified and available to work. (d) The least senior full-time employee within the affected classification who is being displaced by the procedure in Paragraph (b) above, may bump the least senior full-time employee in his classification within the Company district in which he is employed. If the affected full-time employee is the least senior within the Company district, he shall be reduced to part-time within his own store or laid off based on seniority and qualifications. (e) The least senior part-time employee within an affected classification who is being laid off from work in his store, may displace the least senior part-time employee in the same classification within the Company district in the same manner as set forth in Paragraphs (b) and (d) above. If the affected part- time employee is the least senior within the Company district, he shall be laid off and shall have no bumping rights. (f) The above is subject to qualified employees being available to perform the required work. It is recognized that the affected employees must possess the necessary ability and qualifications to perform the available work when they assert their seniority rights under these provisions. 2. Insofar as layoffs are concerned for employees on the "self-restricted" list, the application of the seniority rule shall be confined to other "self-restricted" employees only. 3. Insofar as layoffs are concerned for Clerk’s Helpers and Snack Bar/Take-Out Food employees, the application of the seniority rule shall be confined to the store in which they work. If such employees are laid off, they do not have any recall rights in any store other than the one from which they were laid off.

LAYOFFS, TRANSFERS RESULTING FROM LAYOFF AND REINSTATEMENT. 1. Notwithstanding anything in this Agreement to the contrary, it is recognized that business conditions may require reduction of hours and/or layoffs of employees. In such an event, the following shall apply: (a) In laying off an employee, other than during the probationary period, the Employer agrees to abide by the seniority rule as defined above in the following precedence: Seniority in the store, seniority in the Company district if the Company has established and notified the Union of such bona fide Company district. The Company will advise the Union of its Company districts and any realignments thereof. If the Company does not have districts, seniority shall be on a Company-wide basis. In the event of the closure of all stores within an existing district, seniority for layoff purposes as provided in this Agreement may be applied to the remaining stores of the Company within the geographical jurisdiction of the Union Local in which the affected employees are employed at the time of such closure. It is not the intention of this clause to continue to retain a single store in the district for the purpose of making this Paragraph not operative. The Employer will give the Union advance notice of a permanent store closing. (b) The least senior full-time employee(s) being reduced in hours in the store, within classifications, may bump the least senior full-time employee working in the same classification within twenty-twenty- five (25) miles of his place of residence within the Company district in which he is employed. If such employee does not have sufficient seniority to displace the least senior full-time employee within the twenty-five (25) miles within such district, he may bump the least senior full-time employee in his classification within such Company district in which he is employed. Union jurisdictional lines shall no longer be applicable. (c) The affected full-time employee may elect not to bump the least senior full-time employee in his classification in the Company district in which he is employed and may take a reduction to part-time within his own store based on seniority and the hours available for which he is qualified and available to work. (d) The least senior full-time employee within the affected classification who is being displaced by the procedure in Paragraph (b) above, may bump the least senior full-time employee in his classification within the Company district in which he is employed. If the affected full-time employee is the least senior within the Company district, he shall be reduced to part-time within his own store or laid off based on seniority and qualifications. (e) The least senior part-time employee within an affected classification who is being laid off from work in his store, may displace the least senior part-time employee in the same classification within the Company district in the same manner as set forth in Paragraphs (b) and (d) above. If the affected part- part-time employee is the least senior within the Company district, he shall be laid off and shall have no bumping rights. (f) The above is subject to qualified employees being available to perform the required work. It is recognized that the affected employees must possess the necessary ability and qualifications to perform the available work when they assert their seniority rights under these provisions. 2. Insofar as layoffs are concerned for Clerk’s Helpers, the application of the seniority rule shall be confined to the store in which they work. If such employees are laid off, they do not have any recall rights in any store other than the one from which they were laid off.

LAYOFFS, TRANSFERS RESULTING FROM LAYOFF AND REINSTATEMENT. 1. Notwithstanding anything in this Agreement to the contrary, it is recognized that business conditions may require reduction of hours and/or layoffs of employees. In such an event, the following shall applyapply to employees excluding Clerk's Helpers and Snack Bar/Take-Out Food employees: (a) In laying off an employee, other than during the probationary period, the Employer agrees to abide by the seniority rule as defined above in the following precedence: Seniority in the store, seniority in the Company district if the Company has established and notified the Union of such bona fide Company district. The Company will advise the Union of its Company districts and any realignments thereof. If the Company does not have districts, seniority shall be on a Company-wide basis. In the event of the closure of all stores within an existing district, seniority for layoff purposes as provided in this Agreement may be applied to the remaining stores of the Company within the geographical jurisdiction of the Union Local in which the affected employees are employed at the time of such closure. It is not the intention of this clause to continue to retain a single store in the district for the purpose of making this Paragraph not operative. The Employer will give the Union advance notice of a permanent store closing. (b) The least senior full-time employee(s) being reduced in hours in the store, within classifications, may bump the least senior full-time employee working in the same classification within twenty-five (25) miles of his place of residence within the Company district in which he is employed. If such employee does not have sufficient seniority to displace the least senior full-time employee within the twenty-five (25) miles within such district, he may bump the least senior full-time employee in his classification within such Company district in which he is employed. Union jurisdictional lines shall no longer be applicable. (c) The affected full-time employee may elect not to bump the least senior full-time employee in his classification in the Company district in which he is employed and may take a reduction to part-time within his own store based on seniority and the hours available for which he is qualified and available to work. (d) The least senior full-time employee within the affected classification who is being displaced by the procedure in Paragraph (b) above, may bump the least senior full-time employee in his classification within the Company district in which he is employed. If the affected full-time employee is the least senior within the Company district, he shall be reduced to part-time within his own store or laid off based on seniority and qualifications. (e) The least senior part-time employee within an affected classification who is being laid off from work in his store, may displace the least senior part-time employee in the same classification within the Company district in the same manner as set forth in Paragraphs (b) and (d) above. If the affected part- part-time employee is the least senior within the Company district, he shall be laid off and shall have no bumping rights. (f) When an employee works within a district which includes both conventional stores and a majority of stores covered by a different collective bargaining agreement (combined district), and when no initial seniority bump is available in the combined district within twenty-five (25) miles of the employee’s home, the employee may bump into the geographically closest conventional store district. (g) The above is subject to qualified employees being available to perform the required work. It is recognized that the affected employees must possess the necessary ability and qualifications to perform the available work when they assert their seniority rights under these provisions. 2. Insofar as layoffs are concerned for employees on the "self-restricted" list, the application of the seniority rule shall be confined to other "self-restricted" employees only. 3. Insofar as layoffs are concerned for Clerk’s Helpers and Snack Bar/Take-Out Food employees, the application of the seniority rule shall be confined to the store in which they work. If such employees are laid off, they do not have any recall rights in any store other than the one from which they were laid off.

LAYOFFS, TRANSFERS RESULTING FROM LAYOFF AND REINSTATEMENT. 1. Notwithstanding anything in this Agreement to the contrary, it is recognized that business conditions may require reduction of hours and/or layoffs of employees. In such an event, the following shall apply: (a) In laying off an employee, other than during the probationary period, the Employer agrees to abide by the seniority rule as defined above in the following precedence: Seniority in the store, seniority in the Company district if the Company has established and notified the Union of such bona fide Company district. The Company will advise the Union of its Company districts and any realignments thereof. If the Company does not have districts, seniority shall be on a Company-wide basis. In the event of the closure of all stores within an existing district, seniority for layoff purposes as provided in this Agreement may be applied to the remaining stores of the Company within the geographical jurisdiction of the Union Local in which the affected employees are employed at the time of such closure. It is not the intention of this clause to continue to retain a single store in the district for the purpose of making this Paragraph not operative. The Employer will give the Union advance notice of a permanent store closing. (b) The least senior full-time employee(s) being reduced in hours in the store, within classifications, may bump the least senior full-time employee working in the same classification within twenty-five (25) miles of his their place of residence within the Company district in which he is they are employed. If such employee does not have sufficient seniority to displace the least senior full-time employee within the twenty-five (25) miles within such district, he they may bump the least senior full-time employee in his their classification within such Company district in which he is they are employed. Union jurisdictional lines shall no longer be applicable. (c) The affected full-time employee may elect not to bump the least senior full-time employee in his their classification in the Company district in which he is they are employed and may take a reduction to part-time within his their own store based on seniority and the hours available for which he is they are qualified and available to work. (d) The least senior full-time employee within the affected classification who is being displaced by the procedure in Paragraph (b) above, may bump the least senior full-time employee in his their classification within the Company district in which he is they are employed. If the affected full-time employee is the least senior within the Company district, he they shall be reduced to part-time within his their own store or laid off based on seniority and qualifications. (e) The least senior part-time employee within an affected classification who is being laid off from work in his their store, may displace the least senior part-time employee in the same classification within the Company district in the same manner as set forth in Paragraphs (b) and (d) above. If the affected part- time employee is the least senior within the Company district, he they shall be laid off and shall have no bumping rights. (f) The above is subject to qualified employees being available to perform the required work. It is recognized that the affected employees must possess the necessary ability and qualifications to perform the available work when they assert their seniority rights under these provisions.