Common use of Permanent Layoff Clause in Contracts

Permanent Layoff. Permanent lay-offs other than a temporary lay-off as outlined in 5.08(1) above shall take place accordingly: (a) On-call workers shall be laid off prior to any regular or regular probationary employees. (b) Probationary employees in the classification to be reduced shall be laid off prior to any regular employee. (c) The least senior employee(s) in the classification to be reduced will be removed from the classification and declared surplus and may choose to accept the lay-off and retain their recall rights; fill any open job; displace a less senior employee in any other classification in the plant provided the employee can satisfactorily perform the work required in the open job or other classification at the time of the bump. An employee subsequently displaced will have the same rights and choices as the employee who displaced them. (d) Any employee bumping into a labour grade 15 position or higher will be given a brief familiarization period. To bump up into a labour grade 15 position or above, an employee must have held such position on a permanent basis or on a temporary posting within twenty-four months of the date the employee seeks to bump into such a position. (e) Employees bumping into labour grade 14 or lower will be given a five (5) working days trial period to demonstrate they can perform the work required in the job. Instruction during such five (5) working day trial period will be provided if the employee requests it. Any employee unable to perform the work required by the end of the five (5) day trial period shall be laid off and may exercise their rights under Article 5.08(2)(c). (f) The position of group leader shall not confer any special status should a layoff occur. (g) When the Company declares a classification redundant, any employees displaced may exercise their rights under Article 5.08(2)(c). (h) Employees involuntarily laid off more than thirteen (13) weeks will be eligible for notice pay under the Employment Standards Act after thirteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Permanent Layoff. Permanent lay-offs other An employee who has received a notice of permanent layoff (a layoff of more than a temporary lay-off as outlined in 5.08(1six (6) above months) shall take place accordinglyhave the right to either: (ai) On-call workers shall be laid off prior to any regular or regular probationary employees. (b) Probationary employees in the classification to be reduced shall be laid off prior to any regular employee. (c) The least senior employee(s) in the classification to be reduced will be removed from the classification and declared surplus and may choose to accept the lay-layoff, or if not accepted; ii) displace the least senior employee in an equal or lower paid classification within the employee's seniority group provided the employee about to be laid off has successfully completed the probationary or trial period of such position and retain their recall rights; fill any open job; is able to perform the required work, or if this does not occur; iii) displace a less the least senior employee in any other classification in Group 1 within the plant employee's seniority group (in the case of an RPN layoff, an RPN shall also be given the option to bump the PSW and/or Orderly classification and in the case of a Maintenance Engineer layoff, a Maintenance Engineer shall also be given the option to bump the Maintenance Person classification), or if this does not occur; iv) displace the least senior employee in an equal or lower paid classification within or outside of the employee's seniority group, provided the employee can satisfactorily perform the work required in the open job or other classification at the time of the bump. An employee subsequently displaced will have the same rights and choices as the employee who displaced them. (d) Any employee bumping into a labour grade 15 position or higher will about to be given a brief familiarization period. To bump up into a labour grade 15 position or above, an employee must have held such position on a permanent basis or on a temporary posting within twenty-four months of the date the employee seeks to bump into such a position. (e) Employees bumping into labour grade 14 or lower will be given a five (5) working days trial period to demonstrate they can perform the work required in the job. Instruction during such five (5) working day trial period will be provided if the employee requests it. Any employee unable laid off is able to perform the work required by work, or if this does not occur; v) displace the end of least senior employee in a higher paid classification within the five (5) day trial period shall employee’s seniority group provided the employee about to be laid off has successfully completed the probationary or trial period of such position and is able to perform the required work, or if this does not occur; vi) if offered by the Corporation, accept a transfer into an equal or lower paid second subsequent vacancy within the employee's seniority group, in which there is a vacancy which the Corporation has determined must be filled and for which the employee is able to perform the required work. (It is understood that this provision prevails over the collective agreement's posting procedures). For the purpose of Article 16.03 (3) (b), in the case of part-time employees who work on a "regularly scheduled" basis, the "least senior employee" shall mean: The least senior employee who works on a regularly scheduled basis or the least senior employee who works on an as required, irregular basis. For example, in the case of a part-time employee who works on a regularly scheduled basis, the employee would, subject to other provisions of Article 16, be given the option to bump the least senior regularly scheduled part-time employee first and failing this, the option to bump the least senior employee within the applicable classification and seniority group. It is understood that part-time bumping options may exercise their rights under Article 5.08(2)(c). (f) The be of lesser hours than the employee receives in the position of group leader shall not confer any special status should a layoff occur. (g) When the Company declares a classification redundant, any employees displaced may exercise their rights under Article 5.08(2)(c). (h) Employees involuntarily s/he is being laid off more than thirteen (13) weeks will be eligible for notice pay under the Employment Standards Act after thirteenfrom.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Permanent Layoff. Permanent lay-offs other An employee who has received a notice of permanent layoff (a layoff of more than a temporary lay-off as outlined in 5.08(1six (6) above months) shall take place accordinglyhave the right to either: (ai) On-call workers shall be laid off prior to any regular or regular probationary employees. (b) Probationary employees in the classification to be reduced shall be laid off prior to any regular employee. (c) The least senior employee(s) in the classification to be reduced will be removed from the classification and declared surplus and may choose to accept the lay-layoff, or if not accepted; ii) displace the least senior employee in an equal or lower paid classification within the employee's seniority group provided the employee about to be laid off has successfully completed the probationary or trial period of such position and retain their recall rights; fill any open job; is able to perform the required work, or if this does not occur; iii) displace a less the least senior employee in any other classification in Group 1 within the plant employee's seniority group (in the case of an RPN layoff, an RPN shall also be given the option to bump the HCA and/or Orderly classification and in the case of a Maintenance Engineer layoff, a Maintenance Engineer shall also be given the option to bump the Maintenance Person classification), or if this does not occur; iv) displace the least senior employee in an equal or lower paid classification within or outside of the employee's seniority group, provided the employee can satisfactorily perform the work required in the open job or other classification at the time of the bump. An employee subsequently displaced will have the same rights and choices as the employee who displaced them. (d) Any employee bumping into a labour grade 15 position or higher will about to be given a brief familiarization period. To bump up into a labour grade 15 position or above, an employee must have held such position on a permanent basis or on a temporary posting within twenty-four months of the date the employee seeks to bump into such a position. (e) Employees bumping into labour grade 14 or lower will be given a five (5) working days trial period to demonstrate they can perform the work required in the job. Instruction during such five (5) working day trial period will be provided if the employee requests it. Any employee unable laid off is able to perform the work required work, or if this does not occur; v) if offered by the end Corporation, accept a transfer into an equal or lower paid second subsequent vacancy within the employee's seniority group, in which there is a vacancy which the Corporation has determined must be filled and for which the employee is able to perform the required work. (It is understood that this provision prevails over the collective agreement's posting procedures). For the purpose of Article 16.03 (3) (b), in the five (5) day trial period case of part-time employees who work on a "regularly scheduled" basis, the "least senior employee" shall mean: The least senior employee who works on a regularly scheduled basis or the least senior employee who works on an as required, irregular basis. For example, in the case of a part-time employee who works on a regularly scheduled basis, the employee would, subject to other provisions of Article XVI, be given the option to bump the least senior regularly scheduled part-time employee first and failing this, the option to bump the least senior employee within the applicable classification and seniority group. It is understood that part-time bumping options may be of lesser hours than the employee receives in the position s/he is being laid off and may exercise their rights under Article 5.08(2)(c)from. (f) The position of group leader shall not confer any special status should a layoff occur. (g) When the Company declares a classification redundant, any employees displaced may exercise their rights under Article 5.08(2)(c). (h) Employees involuntarily laid off more than thirteen (13) weeks will be eligible for notice pay under the Employment Standards Act after thirteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

Permanent Layoff. Permanent layIn the event of a layoff in excess of ten working days, GO Transit Seniority shall be used in the following manner. Where notice is given by the Employer and all probationary employees have been laid off in the affected classification any employee with seniority, may volunteer to be separated from employment by layoff in order to save another employee's position (Ref. Article Any employee who so elects, shall be separated from employment and along with employees laid off shall, thereafter, have recall rights only to the classification from which he/she was so separated providing such employee makes his/her option known in writing to the employer within fourteen calendar days of the date of the Company's notice of layoff. Such bumping within the section may only be in a downward direction (refer to Schedule In the application of this Article, part-offs other than a temporary laytime employees cannot displace full-off as outlined in 5.08(1) above shall take place accordingly: (a) Ontime employees or vice versa provided that full-call workers shall time employees who have exhausted their bumping rights hereunder and are to be laid off prior from work, shall have the right to displace any regular or regular probationary employees. part-time employee with lesser GO seniority, within their section provided they are able, willing and qualified. Due to the nature of the bumping procedure and the unpredictability of the direction and results of that bumping, the layoff must take precedent over all other normal movement of employees (b) Probationary employees i.e., standing applications). Where there is an increase in the classification to be reduced working force after a layoff, the reverse of the layoff procedure shall be followed. Before any new employees are hired, the employees still laid off, bumped into lower paid classifications, or accepted another position under Article shall be first recalled to employment in the order of their GO seniority to the classification from which they were laid off. Further, employees who are laid off prior may be offered alternate work should it become available and for which they are qualified, able and willing to any regular employee. (c) The least senior employee(s) perform. In the application of the above, the qualification or ability and willingness referred to shall be established on the basis of all those classifications with which employees have already been credited in the last two years. by new classifications gained from time to time through successful Employees who are on layoff whose recall rights have not expired pursuant to Article and who are successful in obtaining employment with Go Transit in a classification covered by the Collective Agreement to which they do not have recall rights, shall their past credits towards GO Transit seniority date, vacation entitlement date and their section seniority date, if applicable. They will relinquish their right to recall and severance. All time on layoff will retard adjusted seniority dates. Relocation of the Workforce Employees required to relocate as a result of a reduction of work in a location shall be reduced transferred in inverse order seniority, and may first select open and available at any location, or may displace less senior employees within classification from existing positions classification seniority, and such displaced employees shall follow the same procedure. select will result the employee released Employees who are FORCED to relocate or who are displaced in accordance with the above will be removed entitled to submit an application for preferential relocation, returning to the ONE location from which they were displaced, provided that such application is received not later than ten days following the date of the actual relocation. following eighteen calendar months from the classification and declared surplus and may choose to accept the lay-off and retain their recall rights; fill any open job; displace a less senior employee in any other classification in the plant provided the employee can satisfactorily perform the work required in the open job or other classification at the time date of the bumprelocation. An employee subsequently displaced will have Should a layoff occur within the same rights and choices as apprentice classification, then those apprentices who transferred from another classification within the employee who displaced them. (d) Any employee bumping into a labour grade 15 position or higher bargaining unit will be given a brief familiarization period. To bump up into a labour grade 15 position or above, an employee must have held such position on a permanent basis or on a temporary posting within twenty-four months of the date the employee seeks allowed to bump back into only the most recent classification, if their GO Transit seniority is sufficient to allow such a positionbump. (e) Employees bumping into labour grade 14 or lower will be given a five (5) working days trial period to demonstrate they can perform the work required in the job. Instruction during such five (5) working day trial period will be provided if the employee requests it. Any employee unable to perform the work required by the end of the five (5) day trial period shall be laid off and may exercise their rights under Article 5.08(2)(c). (f) The position of group leader shall not confer any special status should a layoff occur. (g) When the Company declares a classification redundant, any employees displaced may exercise their rights under Article 5.08(2)(c). (h) Employees involuntarily laid off more than thirteen (13) weeks will be eligible for notice pay under the Employment Standards Act after thirteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Permanent Layoff. Permanent lay-offs other An employee who has received a notice of permanent layoff (a layoff of more than a temporary lay-off as outlined in 5.08(1six (6) above months) shall take place accordinglyhave the right to either: (ai) On-call workers shall be laid off prior to any regular or regular probationary employees. (b) Probationary employees in the classification to be reduced shall be laid off prior to any regular employee. (c) The least senior employee(s) in the classification to be reduced will be removed from the classification and declared surplus and may choose to accept the lay-layoff, or if not accepted; ii) displace the least senior employee in an equal or lower paid classification within the employee's seniority group provided the employee about to be laid off has successfully completed the probationary or trial period of such position and retain their recall rights; fill any open job; is able to perform the required work, or if this does not occur; iii) displace a less the least senior employee in any other classification in Group 1 within the plant employee's seniority group (in the case of an RPN layoff, an RPN shall also be given the option to bump the HCA and/or Orderly classification and in the case of a Maintenance Engineer layoff, a Maintenance Engineer shall also be given the option to bump the Maintenance Person classification), or if this does not occur; iv) displace the least senior employee in an equal or lower paid classification within or outside of the employee's seniority group, provided the employee can satisfactorily perform the work required in the open job or other classification at the time of the bump. An employee subsequently displaced will have the same rights and choices as the employee who displaced them. (d) Any employee bumping into a labour grade 15 position or higher will about to be given a brief familiarization period. To bump up into a labour grade 15 position or above, an employee must have held such position on a permanent basis or on a temporary posting within twenty-four months of the date the employee seeks to bump into such a position. (e) Employees bumping into labour grade 14 or lower will be given a five (5) working days trial period to demonstrate they can perform the work required in the job. Instruction during such five (5) working day trial period will be provided if the employee requests it. Any employee unable laid off is able to perform the work required work, or if this does not occur; v) if offered by the end Corporation, accept a transfer into an equal or lower paid second subsequent vacancy within the employee's seniority group, in which there is a vacancy which the Corporation has determined must be filled and for which the employee is able to perform the required work. (It is understood that this provision prevails over the collective agreement's posting procedures). For the purpose of Article 16.03 (3) (b), in the five (5) day trial period case of part-time employees who work on a "regularly scheduled" basis, the "least senior employee" shall mean: The least senior employee who works on a regularly scheduled basis, or the least senior employee who works on an as required, irregular basis. For example, in the case of a part-time employee who works on a regularly scheduled basis, the employee would, subject to other provisions of Article XVI, be given the option to bump the least senior regularly scheduled part-time employee first and failing this, the option to bump the least senior employee within the applicable classification and seniority group. It is understood that part-time bumping options may be of lesser hours than the employee receives in the position s/he is being laid off and may exercise their rights under Article 5.08(2)(c)from. (f) The position of group leader shall not confer any special status should a layoff occur. (g) When the Company declares a classification redundant, any employees displaced may exercise their rights under Article 5.08(2)(c). (h) Employees involuntarily laid off more than thirteen (13) weeks will be eligible for notice pay under the Employment Standards Act after thirteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

Permanent Layoff. Permanent lay-offs other An employee who has received a notice of permanent layoff (a layoff of more than a temporary lay-off as outlined in 5.08(1six (6) above months) shall take place accordinglyhave the right to either: (ai) On-call workers shall be laid off prior to any regular or regular probationary employees. (b) Probationary employees in the classification to be reduced shall be laid off prior to any regular employee. (c) The least senior employee(s) in the classification to be reduced will be removed from the classification and declared surplus and may choose to accept the lay-layoff, or if not accepted; ii) displace the least senior employee in an equal or lower paid classification within the employee's seniority group provided the employee about to be laid off has successfully completed the probationary or trial period of such position and retain their recall rights; fill any open job; is able to perform the required work, or if this does not occur; iii) displace a less the least senior employee in any other classification in Group 1 within the plant employee's seniority group (in the case of an RPN layoff, an RPN shall also be given the option to bump the HCA and/or Orderly classification and in the case of a Maintenance Engineer layoff, a Maintenance Engineer shall also be given the option to bump the Maintenance Person classification), or if this does not occur; iv) displace the least senior employee in an equal or lower paid classification within or outside of the employee's seniority group, provided the employee can satisfactorily perform the work required in the open job or other classification at the time of the bump. An employee subsequently displaced will have the same rights and choices as the employee who displaced them. (d) Any employee bumping into a labour grade 15 position or higher will about to be given a brief familiarization period. To bump up into a labour grade 15 position or above, an employee must have held such position on a permanent basis or on a temporary posting within twenty-four months of the date the employee seeks to bump into such a position. (e) Employees bumping into labour grade 14 or lower will be given a five (5) working days trial period to demonstrate they can perform the work required in the job. Instruction during such five (5) working day trial period will be provided if the employee requests it. Any employee unable laid off is able to perform the work required work, or if this does not occur; v) if offered by the end Corporation, accept a transfer into an equal or lower paid second subsequent vacancy within the employee's seniority group, in which there is a vacancy which the Corporation has determined must be filled and for which the employee is able to perform the required work. (It is understood that this provision prevails over the collective agreement's posting procedures). For the purpose of Articles 16.03 (3) (b), in the five (5) day trial period case of part-time employees who work on a "regularly scheduled" basis, the "least senior employee" shall mean: The least senior employee who works on a regularly scheduled basis, or the least senior employee who works on an as required, irregular basis. For example, in the case of a part-time employee who works on a regularly scheduled basis, the employee would, subject to other provisions of Article XVI, be given the option to bump the least senior regularly scheduled part-time employee first and failing this, the option to bump the least senior employee within the applicable classification and seniority group. It is understood that part-time bumping options may be of lesser hours than the employee receives in the position s/he is being laid off and may exercise their rights under Article 5.08(2)(c)from. (f) The position of group leader shall not confer any special status should a layoff occur. (g) When the Company declares a classification redundant, any employees displaced may exercise their rights under Article 5.08(2)(c). (h) Employees involuntarily laid off more than thirteen (13) weeks will be eligible for notice pay under the Employment Standards Act after thirteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

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