Common use of Notice Provisions Clause in Contracts

Notice Provisions. (a) The Employer shall notify Regular Employees to be re-assigned or laid off in accordance with Article 37.03 at least twenty-eight 28 calendar days before the layoff or re-assignment is to be effective. If the Employee who has received layoff notice is not provided with an opportunity to work during the notice period, such Employee shall be paid an amount equal to the wages the Employee would have earned, had they worked their regular hours of work in the twenty-eight 28 calendar day period. If such Employee is assigned duties other than those normally connected with the classification in question during the notice period, the Employee shall not be paid less than the amount of wages the Employee would have been entitled to receive had they not been provided with an opportunity to work during the notice period. (b) Notice of re-assignment or layoff shall be in writing and shall be served either in person or by double registered letter directed to the Employee's last known address. Re-assignment or layoff notices served by double registered letter shall be considered served effective the date of registration with the postal services or, if served in person shall be considered served effective the date of receipt by the Employee. (i) A displaced Regular Employee with a choice of positions to fill shall have a maximum of forty-eight (48) hours from the receipt of such notice to provide the Employer with written notice of the Employee’s choice of the re-assignment. An Employee who fails to provide the Employer with such written notice within prescribed time limits shall then be reassigned by the Employer. (ii) If more than one (1) Employee in the same pay grade is affected in accordance with Article 37.04(c)(i), then such Employees shall be simultaneously granted their preference in reassignment in descending order of seniority. Within forty-eight (48) hours, each affected Employee shall be required to provide the Employer with a number of prioritized preferences for re-assignment in accordance with their seniority rank in the affected group. The Employer will then re-assign the Employees. (d) In the event a Regular Employee refuses a re-assignment and if such refusal causes a vacant position or positions to exist, then the Employer shall have the right to choose to fill such vacancies by any of the following methods: (i) rescinding layoff or re-assignment notices to other Employees; and/or (ii) offering such vacancy to another Employee who is displaced or removed from a position due to implementation of the layoff procedures; and/or (iii) posting the vacancy in accordance with the provisions of Article 33.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Notice Provisions. (a) The Employer shall notify Regular Employees to be re-assigned or laid off in accordance with Article 37.03 Clause 32.03 at least twenty-eight 28 one (21) calendar days before the layoff or re-assignment is to be effective. If the Regular Employee who has received layoff notice is not provided with an opportunity to work during the notice period, such Regular Employee shall be paid an amount equal to the wages the Regular Employee would have earned, had they the Employee worked their regular hours of work in the twenty-eight 28 one (21) calendar day period. If such Regular Employee is assigned duties other than those normally connected with the classification in question during the notice period, the Regular Employee shall not be paid less than the amount of wages the Regular Employee would have been entitled to receive had they such Regular Employee not been provided with an opportunity to work during the notice period. (b) Notice of re-assignment or layoff shall be in writing and shall be served either in person or by double registered letter courier directed to the Regular Employee's last known address. Re-assignment or layoff notices served by double registered letter courier shall be considered served effective the date of registration with the postal services or, if served in person shall be considered served effective the date of receipt by the Employeedelivery. (ic) The Union shall be notified of layoffs, displacements and re-assignments as they occur. (d) A displaced Regular Employee with a choice of positions who receives re-assignment notice and who does not wish to fill accept the re-assignment, shall have a maximum of fortyseventy-eight (48) hours from the receipt of such notice to provide the Employer with written notice of the Employee’s choice of the re-assignment. An Employee who fails to provide the Employer with such written notice within prescribed time limits shall then be reassigned by the Employer. (ii) If more than one (1) Employee in the same pay grade is affected in accordance with Article 37.04(c)(i), then such Employees shall be simultaneously granted their preference in reassignment in descending order of seniority. Within forty-eight (48) hours, each affected Employee shall be required to provide the Employer with a number of prioritized preferences for re-assignment in accordance with their seniority rank in the affected group. The Employer will then re-assign the Employees. (d) In the event a Regular Employee refuses a re-assignment and if such refusal causes a vacant position or positions to exist, then the Employer shall have the right to choose to fill such vacancies by any of the following methods: (i) rescinding layoff or re-assignment notices to other Employees; and/or (ii) offering such vacancy to another Employee who is displaced or removed from a position due to implementation of the layoff procedures; and/or (iii) posting the vacancy in accordance with the provisions of Article 33.two

Appears in 1 contract

Samples: Collective Agreement

Notice Provisions. (a) The Employer shall notify Regular Employees regular employees to be re-assigned or laid off in accordance with Article 37.03 at least twenty-eight 28 calendar fourteen (14) days before the layoff or re-assignment is to be effective. If the Employee employee who has received layoff notice is not provided with an opportunity to work during the notice period, such Employee employee shall be paid an amount equal to the wages the Employee employee would have earned, had they the employee worked their regular hours of work in the twenty-eight 28 fourteen (14) calendar day period. If such Employee employee is assigned duties other than those normally connected with the classification in question during the notice period, the Employee employee shall not be paid less than the amount of wages the Employee employee would have been entitled to receive had they such employee not been provided with an opportunity to work during the notice period. (b) . Notice of re-assignment or layoff shall be in writing and shall be served either in person or by double registered letter directed to the Employeeemployee's last known address. Re-assignment or layoff notices served by double registered letter shall be considered served effective the date of registration with the postal services or, if served in person shall be considered served effective the date of receipt by the Employee. (i) employee. A displaced Regular Employee regular employee with a choice of positions to fill shall have a maximum of forty-eight (48) hours from the receipt of such notice to provide the Employer with written notice of the Employee’s employee's choice of the re-assignment. An Employee employee who fails to provide the Employer with such written notice within the prescribed time limits shall then be reassigned by the Employer. (ii) . If more than one (1) Employee employee in the same pay grade is affected in accordance with Article 37.04(c)(i), then such Employees employees shall be simultaneously granted their preference in reassignment in descending order of seniority. Within forty-eight (48) hours, each affected Employee employee shall be required to provide the Employer with a number of prioritized preferences for re-assignment reassignment in accordance with their seniority rank in the affected group. The Employer will then re-assign reassign the Employees. (d) employees. In the event a Regular Employee regular employee refuses a re-assignment assignment, and if such refusal causes a vacant position or positions to exist, then the Employer shall have the right to choose to fill such vacancies by any of the following methods: (i) : rescinding layoff or re-assignment notices to other Employeesemployees; and/or (ii) offering such vacancy to another Employee who Offering -employee is displaced or -displaced o r removed from a position due to implementation of the layoff procedures; and/or (iii) posting the vacancy in accordance with the provisions of Article 33.Article

Appears in 1 contract

Samples: Collective Agreement

Notice Provisions. (a) The Employer shall notify Regular Employees regular employees to be re-assigned or laid off in accordance with Article 37.03 36.03 at least twenty-eight 28 fourteen (14) calendar days before the layoff or re-assignment is to be effective. If the Employee employee who has received layoff notice is not provided with an opportunity to work during the notice period, such Employee employee shall be paid an amount equal to the wages the Employee employee would have earned, had they the employee worked their his/her regular hours of work in the twenty-eight 28 fourteen (14) calendar day period. If such Employee employee is assigned duties other than those normally connected with the classification in question during the notice period, the Employee employee shall not be paid less than the amount of wages the Employee employee would have been entitled to receive had they such employee not been provided with an opportunity to work during the notice period. (b) Notice of re-assignment or layoff shall be in writing and shall be served either in person or by double registered letter directed to the Employeeemployee's last known address. Re-assignment or layoff notices served by double registered letter shall be considered served effective the date of registration with the postal services or, if served in person shall be considered served effective the date of receipt by the Employeeemployee. (i) A displaced Regular Employee regular employee with a choice of positions to fill shall have a maximum of forty-eight (48) hours from the receipt of such notice to provide the Employer with written notice of the Employeeemployee’s choice of the re-assignment. An Employee employee who fails to provide the Employer with such written notice within the prescribed time limits shall then be reassigned by the Employer. (ii) If more than one (1) Employee employee in the same pay grade paygrade is affected in accordance with Article 37.04(c)(i36.04(d)(i), then such Employees employees shall be simultaneously granted their preference in reassignment in descending order of seniority. Within forty-eight (48) hours, each affected Employee employee shall be required to provide the Employer with a number of prioritized preferences for re-assignment reassignment in accordance with their seniority rank in the affected group. The Employer will then re-assign reassign the Employeesemployees. (d) In the event a Regular Employee regular employee refuses a re-assignment assignment, and if such refusal causes a vacant position or positions to exist, then the Employer shall have the right to choose to fill such vacancies by any of the following methods: (i) rescinding layoff or re-assignment notices to other Employeesemployees; and/or (ii) offering such vacancy to another Employee employee who is displaced or removed from a position due to implementation of the layoff procedures; and/or (iii) posting the vacancy in accordance with the provisions of Article 33.

Appears in 1 contract

Samples: Collective Agreement

Notice Provisions. (a) The Employer shall notify Regular Employees to be re-assigned or laid off in accordance with Article 37.03 at least twenty-eight 28 one (21) calendar days before the layoff or re-assignment is to be effective. If the Employee who has received layoff notice is not provided with an opportunity to work during the notice period, such Employee shall be paid an amount equal to the wages the Employee would have earned, had they worked their the Employee the Employee’s regular hours of work in the twenty-eight 28 one (21) calendar day period. If such Employee is assigned duties other than those normally connected with the classification in question during the notice period, the Employee shall not be paid less than the amount of wages the Employee would have been entitled to receive had they such Employee not been provided with an opportunity to work during the notice period. (b) . Notice of re-assignment or layoff shall be in writing and shall be served either in person or by double registered letter courier directed to the Employee's ’s last known address. Re-Re- assignment or layoff notices served by double registered letter shall courier be considered served effective the date of registration with the postal services or, if served in person delivery. The Union shall be considered served effective the date notified of receipt by the Employee. (i) A displaced Regular layoffs, displacements and re-assignments as they occur. An Employee with a choice of positions who receives re-assignment notice and does not wish to fill accept re-assignment, shall have a maximum of fortyseventy-eight two (4872) hours from the receipt of such notice to provide the Employer with written notice of the Employee’s choice refusal of An Employee who provides the re-assignmentsuch notice within the prescribed limits shall then be laid off the effective date of notice. An Employee who fails to provide the Employer with such written notice within the prescribed time limits shall then be reassigned by the Employer. (ii) If more than one (1) Employee in the same pay grade is affected in accordance with Article 37.04(c)(i), then such Employees shall be simultaneously granted their preference in reassignment in descending order of seniority. Within forty-eight (48) hours, each affected Employee shall be required to provide deemed lo have accepted the Employer with a number of prioritized preferences for re-assignment in accordance with their seniority rank in the affected groupassignment. The Employer will then re-assign the Employees. (d) In the event a Regular that an Employee refuses a re-assignment and assignment, if such refusal causes a vacant position or positions to exist, then the Employer shall have the right to choose to fill such vacancies by any of the following methods: (i) : rescinding layoff or re-assignment notices to other Employees; and/or (ii) and/or offering such vacancy to another Employee who is displaced or removed from a position due to implementation of the layoff procedures; and/or (iii) and/or posting the vacancy in accordance with the provisions of Article 33.Article

Appears in 1 contract

Samples: Collective Agreement

Notice Provisions. (a) The Employer shall notify Regular Employees regular employees to be re-assigned or laid off in accordance with Article 37.03 at least twenty-eight 28 fourteen (14) calendar days before the layoff or re-assignment is to be effective. If the Employee employee who has received layoff notice is not provided with an opportunity to work during the notice period, such Employee employee shall be paid an amount equal to the wages the Employee employee would have earned, had they the employee worked their regular hours of work in the twenty-eight 28 fourteen (14) calendar day period. If such Employee employee is assigned duties other than those normally connected with the classification in question during the notice period, the Employee employee shall not be paid less than the amount of wages the Employee employee would have been entitled to receive had they such employee not been provided with an opportunity to work during the notice period. (b) . Notice of re-assignment or layoff shall be in writing and shall be served either in person or by double registered letter directed to the Employeeemployee's last known address. Re-assignment or layoff notices served by double registered letter shall be considered served effective the date of registration with the postal services or, if served in person shall be considered served effective the date of receipt by the Employee. (i) employee. A displaced Regular Employee regular employee with a choice of positions to fill shall have a maximum of forty-eight (48) hours 48)hours from the receipt of such notice to provide the Employer with written notice of the Employee’s employee's choice of the re-assignment. An Employee employee who fails to provide the Employer with such written notice within the prescribed time limits shall then be reassigned by the Employer. (ii) . If more than one (1) Employee employee in the same pay grade is affected in accordance with Article 37.04(c)(i), then such Employees employees shall be simultaneously granted their preference in reassignment in descending order of seniority. Within forty-eight (48) hours, each affected Employee employee shall be required to provide the Employer with a number of prioritized preferences for re-assignment reassignment in accordance with their seniority rank in the affected group. The Employer will then re-assign reassign the Employees. (d) employees. In the event a Regular Employee regular employee refuses a re-assignment assignment, and if such refusal causes a vacant position or positions to exist, then the Employer shall have the right to choose to fill such vacancies by any of the following methods: (i) : rescinding layoff or re-assignment notices to other Employeesemployees; and/or (ii) and/or offering such vacancy to another Employee employee who is displaced or removed from a position due to implementation of the layoff procedures; and/or (iii) and/or posting the vacancy in accordance with the provisions of Article 33.Article

Appears in 1 contract

Samples: Collective Agreement

Notice Provisions. (a) The Employer Lessee agrees that any notice given by Lessor pursuant to this paragraph 23 shall notify Regular Employees to be re-assigned or laid off in accordance with Article 37.03 at least twenty-eight 28 calendar days before satisfy the layoff or re-assignment is to be effective. If the Employee who has received layoff requirements for notice is not provided with an opportunity to work during the notice periodunder California Code of Civil Procedure Section 1161, such Employee shall be paid an amount equal to the wages the Employee would have earned, had they worked their regular hours of work in the twenty-eight 28 calendar day period. If such Employee is assigned duties other than those normally connected with the classification in question during the notice period, the Employee and Lessor shall not be paid less than the amount of wages the Employee would have been required to give any additional notice in order to be entitled to receive had they not been commence an unlawful detainer proceeding, provided with an opportunity to work during that any such notice is prepared and served in accordance Code of Civil Procedure Section of 1161 (except that the notice period. (b) Notice time periods set forth herein shall replace the time periods set forth in Code of re-assignment or layoff Civil Procedure Section 1161). Lessor shall be in writing default under this Lease if Lessor fails to perform any of its obligations hereunder and shall be served either in person or by double registered letter directed such a failure is not cured for a period of thirty (30) calendar days after written notice thereof from Lessee to Lessor, unless Lessor begins the Employee's last known address. Re-assignment or layoff notices served by double registered letter shall be considered served effective the date of registration with the postal services or, if served in person shall be considered served effective the date of receipt by the Employee. (i) A displaced Regular Employee with a choice of positions to fill shall have a maximum of forty-eight (48) hours from the receipt cure of such notice default within said thirty (30) day period and completes such default in a reasonable time period, subject to provide the Employer with written notice of the Employee’s choice of the re-assignmentnormal business practices, as mutually agreed upon between Lessor and Lessee. An Employee who fails to provide the Employer with such written notice within prescribed time limits shall then be reassigned by the Employer. (ii) If more than one (1) Employee in the same pay grade is affected in accordance with Article 37.04(c)(i), then such Employees shall be simultaneously granted their preference in reassignment in descending order of seniority. Within forty-eight (48) hours, each affected Employee shall be required to provide the Employer with a number of prioritized preferences for re-assignment in accordance with their seniority rank in the affected group. The Employer will then re-assign the Employees. (d) In the event of a Regular Employee refuses default by Lessor under this Lease, Lessee may, in addition to any and all remedies available to it at law or in equity, terminate this Lease with immediate effect by giving written notice to Lessor. Lessee hereby acknowledges that late payment hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any payment from Lessee shall not be received by Lessor within five (5) business days after Lessee’s receipt of written notice that such amount is overdue, then, without any requirement for further notice to Lessee as to such late payment, Lessee shall pay to Lessor a re-assignment late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charge represents a fair and if reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such refusal causes late charge by Lessor shall in no event constitute a vacant position or positions waiver of Lessee’s Default with respect to existsuch overdue amount, then the Employer shall have the right to choose to fill such vacancies by nor prevent Lessor from exercising any of the following methods: (i) rescinding layoff or re-assignment notices to other Employees; and/or (ii) offering such vacancy to another Employee who is displaced or removed from a position due to implementation of the layoff procedures; and/or (iii) posting the vacancy in accordance with the provisions of Article 33rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease (Enjoy Technology, Inc./De)

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Notice Provisions. (a) The Employer shall notify Regular Employees to be re-assigned or laid off in accordance with Article 37.03 at least twenty-eight 28 one (21) calendar days before the layoff or re-assignment is to be effective. If the Employee who has received layoff notice is not provided with an opportunity to work during the notice period, such Employee shall be paid an amount equal to the wages the Employee would have earned, had they the Employee worked their the Employee’s regular hours of work in the twenty-eight 28 one (21) calendar day period. If such Employee is assigned duties other than those normally connected with the classification in question during the notice period, the Employee shall not be paid less than the amount of wages the Employee would have been entitled to receive had they such Employee not been provided with an opportunity to work during the notice period. (b) . Notice of re-assignment or layoff shall be in writing and shall be served either in person or by double registered letter courier directed to the Employee's ’s last known address. Re-Re- assignment or layoff notices served by double registered letter courier shall be considered served effective the date of registration with the postal services or, if served in person delivery. The Union shall be considered served effective notified of layoffs, displacements and re-assignments as they occur. An Employee who receives re-assignment notice and who does not wish to accept the date of receipt by the Employee. (i) A displaced Regular Employee with a choice of positions to fill re-assignment, shall have a maximum of fortyseventy-eight two (4872) hours from the receipt of such notice to provide the Employer with written notice of the Employee’s choice refusal of the re-assignment. An Employee who provides the Employer with such written notice within the prescribed limits shall then be laid off on the effective date of re-assignment notice. An Employee who fails to provide the Employer with such written notice within the prescribed time limits shall then be reassigned by deemed to have accepted the Employer. (ii) If more than one (1) Employee in the same pay grade is affected in accordance with Article 37.04(c)(i), then such Employees shall be simultaneously granted their preference in reassignment in descending order of seniority. Within forty-eight (48) hours, each affected Employee shall be required to provide the Employer with a number of prioritized preferences for re-assignment in accordance with their seniority rank in the affected groupassignment. The Employer will then re-assign the Employees. (d) In the event a Regular that an Employee refuses a re-assignment assignment, and if such refusal causes a vacant position or positions to exist, then the Employer shall have the right to choose to fill such vacancies by any of the following methods: (i) : rescinding layoff or re-assignment notices to other Employees; and/or (ii) and/or offering such vacancy to another Employee who is displaced or removed from a position due to implementation of the layoff procedures; and/or (iii) and/or posting the vacancy in accordance with the provisions of Article 33.Article

Appears in 1 contract

Samples: Collective Agreement

Notice Provisions. (a) The Employer shall notify Regular Employees regular employees to be re-assigned or laid off in accordance with Article 37.03 36.03 at least twenty-eight 28 fourteen (14) calendar days before the layoff or re-assignment is to be effective. If the Employee employee who has received layoff notice is not provided with an opportunity to work during the notice period, such Employee employee shall be paid an amount equal to the wages the Employee employee would have earned, had they she worked their her regular hours of work in the twenty-eight 28 fourteen (14) calendar day period. If such Employee employee is assigned duties other than those normally connected with the classification in question during the notice period, the Employee employee shall not be paid less than the amount of wages the Employee she would have been entitled to receive had they such employee not been provided with an opportunity to work during the notice period. (b) Notice of re-assignment or layoff shall be in writing and shall be served either in person or by double registered letter directed to the Employeeemployee's last known address. Re-assignment or layoff notices served by double registered letter shall be considered served effective the date of registration with the postal services or, if served in person shall be considered served effective the date of receipt by the Employeeemployee. (i) A displaced Regular Employee regular employee with a choice of positions to fill shall have a maximum of forty-eight (48) hours from the receipt of such notice to provide the Employer with written notice of the Employee’s her choice of the re-assignment. An Employee employee who fails to provide the Employer with such written notice within the prescribed time limits shall then be reassigned by the Employer. (ii) If more than one (1) Employee employee in the same pay grade paygrade is affected in accordance with Article 37.04(c)(i36.04(d)(i), then such Employees employees shall be simultaneously granted their preference in reassignment in descending order of seniority. Within forty-forty- eight (48) hours, each affected Employee employee shall be required to provide the Employer with a number of prioritized preferences for re-assignment reassignment in accordance with their seniority rank in the affected group. The Employer will then re-assign reassign the Employeesemployees. (d) In the event a Regular Employee regular employee refuses a re-assignment assignment, and if such refusal causes a vacant position or positions to exist, then the Employer shall have the right to choose to fill such vacancies by any of the following methods: (i) rescinding layoff or re-assignment notices to other Employeesemployees; and/or (ii) offering such vacancy to another Employee employee who is displaced or removed from a position due to implementation of the layoff procedures; and/or (iii) posting the vacancy in accordance with the provisions of Article 33.

Appears in 1 contract

Samples: Collective Agreement

Notice Provisions. (a) The Employer shall notify Regular Employees to be re-assigned or laid off in accordance with Article 37.03 at least twenty-eight 28 one (21) calendar days before the layoff or re-assignment is to be effective. If the Employee employee who has received layoff notice is not provided with an opportunity to work during the notice period, such Employee employee shall be paid an amount equal to the wages the Employee employee would have earned, had they the employee worked their her regular hours of work in the twenty-eight 28 one (21) calendar day period. If such Employee employee is assigned duties other than those normally connected with the classification in question during the notice period, the Employee employee shall not be paid less than the amount of wages the Employee employee would have been entitled to receive had they such employee not been provided with an opportunity to work during the notice period. (b) . Notice of re-assignment or layoff shall be in writing and shall be served either in person or by double registered letter courier directed to the Employeeemployee's last known address. Re-assignment or layoff notices served by double registered letter courier shall be considered served effective the date of registration with the postal services or, if served in person delivery. The Union shall be considered served effective notified of layoffs, displacements and re-assignments as they occur. An employee who receives re-assignment notice and who does not wish to accept the date of receipt by the Employee. (i) A displaced Regular Employee with a choice of positions to fill re-assignment, shall have a maximum of fortyseventy-eight two (4872) hours from the receipt of such notice to provide the Employer with written notice of the Employee’s choice her refusal of the re-assignment. An Employee employee who provides the Employer with such written notice within the prescribed limits shall then be laid off on the effective date of re-assignment notice. An employee who fails to provide the Employer with such written notice within the prescribed time limits shall then be reassigned by deemed to have accepted the Employerre- assignment. (ii) If more than one (1) Employee in the same pay grade is affected in accordance with Article 37.04(c)(i), then such Employees shall be simultaneously granted their preference in reassignment in descending order of seniority. Within forty-eight (48) hours, each affected Employee shall be required to provide the Employer with a number of prioritized preferences for re-assignment in accordance with their seniority rank in the affected group. The Employer will then re-assign the Employees. (d) In the event a Regular Employee refuses a re-assignment and if such refusal causes a vacant position or positions to exist, then the Employer shall have the right to choose to fill such vacancies by any of the following methods: (i) rescinding layoff or re-assignment notices to other Employees; and/or (ii) offering such vacancy to another Employee who is displaced or removed from a position due to implementation of the layoff procedures; and/or (iii) posting the vacancy in accordance with the provisions of Article 33.

Appears in 1 contract

Samples: Collective Agreement

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