Common use of PROMOTIONS AND LAYOFFS Clause in Contracts

PROMOTIONS AND LAYOFFS. (a) When an opening occurs in one of the job classifications set forth in this Agreement (or one hereafter added to those set forth), which is to be filled on a permanent basis, or not otherwise filled as per the Letter of Understanding – Recall and Job Opportunities Process, employees will be given opportunity for promotion into such an opening on the basis of their seniority, subject to the employee being capable of satisfactorily performing the work. The Company will properly familiarize the successful applicant with the duties of the classification. Whenever there are no qualified applicants for a vacancy, the Company may fill the vacancy by transfer in accordance with this Agreement or by a new hire. If the employee is unable to perform the duties of the classification within a five day familiarization period, the employee will be returned to the employee's former job. Individual jobs in a labour grade will be posted separately with the addition of "and other duties as assigned". The Company will not consider the experience gained as a result of a temporary vacancy or assignment. Lead Hand positions will not be subject to the job posting provisions. (b) If a temporary assignment exceeds thirty (30) days the parties agree to discuss whether a temporary job posting should be made except in June to August and for new jobs, in which case if it exceeds three (3) months. If the parties decide the job should be temporarily posted, the experience gained by the employee temporarily assigned will not be taken into account in the temporary vacancy selection. The Company may assign an employee to the vacancy, if any, created as a result of the temporary job posting. (a) A Lay-off shall mean a reduction in the Employee’s regularly scheduled hours in the calendar month for a total number of hours that is more than the hours of one half of his/her regular shift (ie. 5 hours for 10 hour shift, 4 hours for 8 hour shift, etc.). (b) In lay-offs exceeding the hours in (a) in a calendar month, up to 3 working days, employees whose job has been deemed by the Company not to be necessary will be allowed to take the layoff or remain in the plant and be assigned by the Company to displace a junior employee on the shift, provided that the employee is able to perform the available work and has any license or specialized skill required. During the period of such assignment under this article, the Employee shall be paid at the greater of the rate for the job he is assigned to, or his/her immediately previous job. If a complete shift is cancelled, where possible, the Company will transfer senior employees to displace junior employees on other shifts. Employees displacing a junior employee must have any license or specialized skill required to perform the work. (c) In lay-offs exceeding 3 days, employees may bump the junior person in a job classification, on any shift, in any department providing the employee is able to perform the available work. Failing the above, the employee will exercise total plant seniority by replacing the junior person in a labour grade, providing the employee is able to perform the available work. (d) No vacancy will be posted while employees are on layoff until the process under the Letter of Understanding – Recall and Job Opportunities Process has been completed. (e) The Company will follow the Bumping Preference Form on file for any employee who is to be laid off under 15.02 c). When an employee specifies an entry level position (ergo assembler, janitor, plastics machine operator, press operator, racker/unracker and slide assembler) he/she will be placed in that position in accordance with the Form, and will have a 14 calendar day trial period. The employee will only continue beyond the first 7 days if they have demonstrated progressive improvement towards being able to perform the work. At the end of the trial period, either the Employer or Employee may decide that the Employee cannot perform the work. In such case, in accordance with 15.02 (c), the Employee shall exercise total plant seniority by replacing the junior person in a labour grade, providing the employee is able to perform the available work. (f) When changes occur to the Bumping Options, a new list will be posted on the bulletin board. Employees may change their Bumping Preference Form in accordance with the Bumping Preference Form Procedure. (g) Changes to the Bumping Preference Form Procedure will not be made without consulting the Union. (h) Following a layoff, employees shall be recalled in accordance with the provisions set forth in the Letter of Understanding – Recall and Job Opportunities Process. 15.03 The parties agree that the layoff provisions of the Employment Standards Act will apply. (a) All new jobs and permanent vacancies will be posted in the plant for two working days, unless otherwise not required by the Letter of Understanding – Recall and Job Opportunities Process. Any employee who has attained bargaining unit rights in the bargaining unit may make application for such job. In the filling of such 01. In the event that an employee has been selected to fill such a new job, then the employee will be precluded from applying for any other new job for a period of six calendar months. (b) The Company and the Union agree that a familiarization period up to five days may not be adequate for certain job classifications. Increased familiarization periods may be instituted on the joint agreement of the parties.

PROMOTIONS AND LAYOFFS. (a) When an opening occurs in one of the job classifications set forth in this Agreement (or one hereafter added to those set forth), which is to be filled on a permanent basis, or not otherwise filled as per the Letter of Understanding – Recall and Job Opportunities Process, employees will be given opportunity for promotion into such an opening on the basis of their seniorityseniority and ability. Where two or more applicants have relatively equal ability, subject to the employee being capable of satisfactorily performing the workseniority will govern. The Company will properly familiarize the successful applicant with the duties of the classification. Whenever there are no qualified applicants for a vacancy, the Company may fill the vacancy by transfer in accordance with this Agreement or by a new hire. If the employee is unable to perform the duties of the classification within a five day familiarization period, the employee will be returned to the employee's former job. Individual jobs in a labour grade will be posted separately with the addition of "and other duties as assigned". The Company will not consider the experience gained as a result of a temporary vacancy or assignment. Lead Hand positions will not be subject to the job posting provisions. (b) If a temporary assignment exceeds thirty (30) days the parties agree to discuss whether a temporary job posting should be made except in June to August and for new jobs, in which case if it exceeds three (3) monthsmade. If the parties decide the job should be temporarily posted, the experience gained by the employee temporarily assigned will not be taken into account in the temporary vacancy selection. The Company may assign an employee to the vacancy, if any, created as a result of the temporary job posting. (a) A Lay-off shall mean a reduction in the Employee’s regularly scheduled of an employee(s) of 4 hours in the calendar month for a total number of hours that is or less will not occur more than the hours of one half of his/her regular shift (ie. 5 hours for 10 hour shift, 4 hours for 8 hour shift, etc.)once in any calendar month. (b) In lay-offs exceeding the 4 hours in (a) in to a calendar month, up to maximum of 3 working days, employees any employee whose job has been deemed by the Company not to be necessary will be allowed to take the layoff or remain in the plant and be assigned by the Company to displace a the junior employee employees on the shiftshift (Days, provided that the employee is able to perform the available work and has any license or specialized skill required. During the period of such assignment under this articleAfternoon, the Employee shall be paid at the greater of the rate for the job he is assigned to, or his/her immediately previous jobNights). If a complete shift is cancelled, where possible, the Company will transfer senior employees to displace junior employees on other shifts. Employees displacing a junior employee must have any license or specialized skill required to perform the work. (c) In lay-offs exceeding 3 days, employees may bump the junior person in a job classification, on any shift, in any department providing the employee is able to perform the available work. Failing the above, the employee will exercise total plant seniority by replacing the junior person in a labour grade, providing the employee is able to perform the available work. (d) No vacancy will be posted while filled until all employees are who have recall rights to that job classification on layoff until the process under the Letter of Understanding – Recall and Job Opportunities Process has been completed. (e) The Company will follow the Bumping Preference Form on file for any employee who is to be laid off under 15.02 c). When an employee specifies an entry level position (ergo assembler, janitor, plastics machine operator, press operator, racker/unracker and slide assembler) he/she will be placed that shift in that position in accordance with the Form, and will department have a 14 calendar day trial period. The employee will only continue beyond the first 7 days if they have demonstrated progressive improvement towards being able to perform the work. At the end of the trial period, either the Employer or Employee may decide that the Employee cannot perform the work. In such case, in accordance with 15.02 (c), the Employee shall exercise total plant seniority by replacing the junior person in a labour grade, providing the employee is able to perform the available workbeen recalled. (f) When changes occur to the Bumping Options, a new list will be posted on the bulletin board. Employees may change their Bumping Preference Form in accordance with the Bumping Preference Form Procedure. (g) Changes to the Bumping Preference Form Procedure will not be made without consulting the Union. (h) Following a layoff, employees shall be recalled in accordance with the provisions set forth in the Letter of Understanding – Recall and Job Opportunities Process. 15.03 The parties agree that the layoff provisions of the Employment Standards Act will apply. (a) All new jobs and permanent vacancies will be posted in the plant for two working days, unless otherwise not required by the Letter of Understanding – Recall and Job Opportunities Process. Any employee who has attained bargaining unit rights in the bargaining unit may make application for such job. In the filling of such 01. In the event that an employee has been selected to fill such a new job, then the employee will be precluded from applying for any other new job for a period of six calendar months. (b) The Company and the Union agree that a familiarization period up to five days may not be adequate for certain job classifications. Increased familiarization periods may be instituted on the joint agreement of the parties.

PROMOTIONS AND LAYOFFS. (a) When an opening occurs in one of the job classifications set forth in this Agreement (or one hereafter here- after added to those set forth), which is to be filled on a permanent basis, or not otherwise filled as per the Letter of Understanding – Recall and Job Opportunities Process, employees will be given opportunity opportuni- ty for promotion into such an opening on the basis of their seniorityseniority and ability. Where two or more appli- cants have relatively equal ability, subject to the employee being capable of satisfactorily performing the work. The Company will properly familiarize the successful seniority shall applicant with the duties of the classification. Whenever there are no qualified applicants for a vacancy, the Company may fill the vacancy by transfer in accordance with this Agreement or by a new hire. If the employee is unable to perform the duties of the classification within a five day familiarization period, the employee will be returned to the employee's ’s former job. Individual jobs in a labour grade will be posted separately with the addition of "“and other duties as assigned"”. The Company will shall not consider the experience expe- rience gained as a result of a temporary vacancy or assignment. Lead Hand positions will shall not be subject to the job posting provisions. (b) . If a temporary assignment exceeds thirty (30) days the parties agree to discuss whether a temporary job posting should be made except in June to August and for new jobs, in which case if it exceeds three (3) monthsmade. If the parties decide the job should be temporarily posted, the experience gained by the employee temporarily assigned will shall not be taken into account in the temporary vacancy selectionselec- tion. The Company may assign an employee to the vacancy, if any, created as a result of the temporary job posting. (a) A Lay-off shall mean a reduction in the Employee’s regularly scheduled hours in the calendar month for a total number of hours that is more than the hours of . In layoffs which exceed one half of his/her regular shift (ie. 5 hours for 10 hour shiftworking day, 4 hours for 8 hour shiftand recalls after layoff, etc.). (b) In lay-offs exceeding the hours in (a) in a calendar month, up to 3 working days, employees whose job has been deemed by the Company not to be necessary will be allowed to take the layoff or remain in the plant and be assigned by the Company to displace a junior an employee on the shift, provided that the employee is able to perform the available work and has any license or specialized skill required. During the period of such assignment under this article, the Employee shall be paid at the greater of the rate for the job he is assigned to, or his/her immediately previous job. If a complete shift is cancelled, where possible, the Company will transfer senior employees to displace junior employees on other shifts. Employees displacing a junior employee must have any license or specialized skill required to perform the work. (c) In lay-offs exceeding 3 days, employees may bump the junior person in a job classification, on any shift, in any department classification providing the employee is able to perform the available work. Failing the above, the employee will exercise total plant seniority by replacing the junior person in a labour grade, providing the employee is able to perform the available work. (d) No vacancy will be posted while employees are on layoff until the process under the Letter of Understanding – Recall and Job Opportunities Process has been completed. (e) The Company will follow the Bumping Preference Form on file for any employee who is to be laid off under 15.02 c). When an employee specifies an entry level position (ergo assembler, janitor, plastics machine operator, press operator, racker/unracker and slide assembler) he/she will be placed in that position in accordance with the Form, and will have a 14 calendar day trial period. The employee will only continue beyond the first 7 days if they have demonstrated progressive improvement towards being able to perform the work. At the end of the trial period, either the Employer or Employee may decide that the Employee cannot perform the work. In such case, in accordance with 15.02 (c), the Employee shall exercise total plant seniority by replacing the junior person in a labour grade, providing the employee is able to perform the available work. (f) When changes occur to the Bumping Options, a new list will be posted on the bulletin board. Employees may change their Bumping Preference Form in accordance with the Bumping Preference Form Procedure. (g) Changes to the Bumping Preference Form Procedure will not be made without consulting the Union. (h) Following a layoff, employees shall be recalled in accordance with the provisions set forth in the Letter of Understanding – Recall and Job Opportunities Process. 15.03 The parties agree that the layoff provisions of the Employment Standards Act will shall apply. (a) . All new jobs and permanent vacancies will shall be posted in the plant for two three working days, unless otherwise not required by the Letter of Understanding – Recall and Job Opportunities Process. Any employee who has attained bargaining unit rights in the bargaining unit may make application for such job. In the filling of such 01. In such a new job, the event that an employee has been selected Company shall not be limited to selecting employees ed to fill such a new job, then the employee will shall be precluded from applying for any other new job for a period of six calendar months. (b) The Company and the Union agree that a familiarization period up to five days may not be adequate for certain job classifications. Increased familiarization periods may be instituted on the joint agreement of the parties.

PROMOTIONS AND LAYOFFS. (a) When an opening occurs in one of All openings for jobs within the job classifications set forth in covered by this Agreement shall be posted in all the Districts simultaneously, as soon as reasonably practical, but in any event within fourteen (or one hereafter added to those set forth)14) calendar days of such job openings occurring, and shall remain posted for three (3) consecutive work days, with the exception of Saturdays, Sundays and holidays, which is to shall be filled on a permanent basisexcluded in determining the period of posting, or not otherwise filled as per the Letter of Understanding – Recall and Job Opportunities Process, employees will be given opportunity for promotion into such an opening on the basis of their seniority, subject to the employee being capable of satisfactorily performing the work. The Company will properly familiarize the successful applicant with the duties of the classification. Whenever there are no qualified applicants for a vacancy, the Company may fill the vacancy by transfer in accordance with this Agreement or by a new hire. If the employee is unable to perform the duties of the classification within a five day familiarization period, the employee will be returned to the employee's former job. Individual jobs in a labour grade will be posted separately with the addition of "and other duties as assigned". The Company will not consider the experience gained as a result of a temporary vacancy or assignment. Lead Hand positions will but shall not be subject held to break the continuity thereof. All bids for job openings shall be in writing, and shall be submitted during said three (3) day posting provisions. (b) If period. Such a temporary assignment exceeds bid may be submitted by his Shop Xxxxxxx in behalf of an employee, who is absent because of illness or injury or because he is on vacation, provided that the Shop Xxxxxxx shall have been requested to do so by such employee. No such absent employee shall be eligible for such job opening unless he shall return to work within thirty (30) calendar days after he has been notified that he is the parties successful bidder, unless the Company and Union shall mutually agree to discuss whether a temporary job posting should be made except in June to August and for new jobs, in which case if it exceeds three (3) months. If the parties decide the job should be temporarily posted, the experience gained by the employee temporarily assigned will not be taken into account in the temporary vacancy selection. The Company may assign an employee to the vacancy, if any, created as a result of the temporary job posting. (a) A Lay-off shall mean a reduction in the Employee’s regularly scheduled hours in the calendar month for a total number of hours that is more than the hours of one half of his/her regular shift (ie. 5 hours for 10 hour shift, 4 hours for 8 hour shift, etc.)waive this requirement. (b) In layfilling such job openings, seniority as defined in Section 4 of this Article shall be the determining factor, subject to minimum qualifications and fitness as determined by the Company, on a non-offs exceeding discriminatory basis. If the hours Union claims that the Company has determined minimum qualifications and fitness in an unjust, unreasonable or discriminatory manner, such claim shall be subject to the grievance and arbitration procedure provided in ARTICLE VIII herein. The Company agrees to fill all job openings so posted, as soon as reasonably practical after the three (a3) day posting period, but in a any event within fourteen (14) calendar month, up days thereafter. The Company agrees to 3 working days, employees whose pay the successful bidder the rate of pay of the posted job as of the date of the award of the job whether or not the successful bidder has been deemed transferred to the posted job as of that time. If there shall be no bidders or no successful bidders for such a job so posted, then the Company may fill the job from any source. The successful applicant may be returned to his former job by the Company not for a valid reason upon the completion of a fourteen (14) calendar day period on the job or the successful applicant may be returned to his former job for a valid reason at his own request at any time during the above-mentioned fourteen (14) calendar day period. In the event that the successful applicant shall be necessary will so returned, the job opening may be allowed to take the layoff or remain in the plant and be assigned filled by the Company from among the other qualified applicants according to displace a junior employee on their seniority without the shift, provided that necessity of reposting. If the employee is able Company shall fail to perform the available work and has any license or specialized skill required. During the period of such assignment under this article, the Employee shall be paid at the greater of the rate for fill the job he is assigned towithin ninety (90) calendar days from the first day posting, or his/her immediately previous job. If a complete shift is cancelled, where possible, it shall not thereafter be filled until it has again been posted in accordance with the Company will transfer senior employees to displace junior employees on other shifts. Employees displacing a junior employee must have any license or specialized skill required to perform the workabove provisions. (c) In lay-offs exceeding 3 dayscases of demotion, employees may layoff for lack of work, reduction in the work force or the elimination of a job, seniority will be given first consideration. In the case of an employee so laid off, demoted, or affected by a reduction in the work force, or the elimination of a job, said employee shall have the right to replace another employee within the Company who has less seniority than said employee, provided that said employee shall have minimum qualifications and fitness to fill the job as determined by the Company on a nondiscriminatory basis. If the Union claims that the Company has determined minimum qualifications and fitness in an unjust, unreasonable or discriminatory manner, such claim shall be subject to the grievance and arbitration procedure provided in ARTICLE VIII herein. Any employee so laid off, demoted or affected by a reduction in the work force, or the elimination of a job, shall have the right to exercise his seniority to bump the junior person in a job classification, on any shift, in any department providing the employee is able laterally or downward subject to perform the available work. Failing the above-mentioned requirement of minimum qualifications and fitness. Any such employee shall not have the right to exercise his seniority to replace an employee in the Company who occupies a higher rated job unless said employee has previously held such higher rated job and has the above-mentioned minimum qualifications and fitness to return to that job. The Company shall give at least fourteen (14) calendar days notice to the Union of any such intended demotion, layoff for lack of work, reduction in the employee will exercise total plant seniority by replacing the junior person in work force or elimination of a labour grade, providing the employee is able to perform the available workjob. (d) No vacancy will Such laid off employees shall be posted while recalled to openings in jobs in the Company for which they have minimum qualifications and fitness as determined by the Company on a nondiscriminatory basis in reverse order from that in which they were laid off. If the Union claims that the Company has determined minimum qualifications and fitness in an unjust, unreasonable or discriminatory manner, such claim shall be subject to the grievance and arbitration procedure provided in Article VIII herein. The Company shall notify such employee or employees are on by certified mail sent to his last known address that such work is available and if the employee shall fail to accept such re-employment or fail to apply therefore within one (1) week of the receipt of such notice then he shall lose all his seniority rights previously established and continuity of employment shall be forfeited. In the event that said notice of recall is returned to the Company or cannot be delivered for any reason, the Company shall notify the Union of the recall opportunity and the employee to be recalled shall have one (1) week from the date of such notification to the Union to accept such re-employment or apply for it. In the event that such employee does not do so he shall lose all his seniority rights previously established and his continuity of employment shall be forfeited. It shall be the duty of the employee to keep the Company advised in writing of his current address. An employee accepting re-employment, shall report for work within fourteen (14) calendar days of such acceptance. The duration of a laid off employee’s recall rights shall be equal to the employee’s time of service with the Company as of the date of the layoff until the process under the Letter with a minimum of Understanding – Recall one (1) year and Job Opportunities Process has been completeda maximum of three (3) years. (e) The If employees of the Company are so laid off they shall be given preference for re-employment before the Company hires new employees for positions in which such laid off employees have minimum qualifications and fitness as determined by the Company on a nondiscriminatory basis. If the Union claims that the Company has determined minimum qualifications and fitness in an unjust, unreasonable or discriminatory manner, such claim shall be subject to the grievance and arbitration procedure provided in ARTICLE VIII herein. (f) In the event a job in the Clerical Force is eliminated the employee affected thereby shall have the right to replace another employee of less seniority in the Company in a job which he shall be capable of performing and he shall be given the opportunity to demonstrate his capabilities during a period not to exceed twenty (20) work days, however, should the Company determine within the aforesaid twenty (20) days that the employee does not have the capacity to perform the job, he shall be removed therefrom. In the event the creation of a new job in the Clerical Force, within the classifications covered by this Agreement, is contemplated, the Company will follow the Bumping Preference Form on file for any so inform its employees. Any employee who is intends to be laid off under 15.02 c). When an employee specifies an entry level position (ergo assemblerbid for such job when posted, janitorshall so notify the Company, plastics machine operatorand from such employees, press operatorthe Company will select that one, racker/unracker if any, who because of seniority and slide assembler) he/she will be placed in that position in accordance with prior training, would appear to it to have the Formpotential capability of filling such job opening, and will have a 14 calendar day trial period. The provide such training for such employee will only continue beyond as is reasonably necessary for him to acquire the first 7 days if they have demonstrated progressive improvement towards being able to perform the worknecessary additional qualifications. At the end of the trial such training period, either or, if nobody applies for such training or is potentially qualified therefor, at the Employer or Employee may decide that time the Employee cannot perform the work. In such case, in accordance with 15.02 (c)job is created, the Employee Company shall exercise total plant seniority by replacing post the junior person in a labour grade, providing the employee is able to perform the available work. (f) When changes occur to the Bumping Options, a new list will be posted on the bulletin board. Employees may change their Bumping Preference Form in accordance with the Bumping Preference Form Procedurejob as hereinabove provided. (g) Changes For purposes of layoff, the elected officers of the Union consisting of the Unit Chair, recording secretary, and also the Chief Unit Griever, shall be deemed to have top seniority within the Company, to the Bumping Preference Form Procedure will not be made without consulting extent the Unionlaw allows. SECTION 2. A temporary employee is one who is hired by the Company for a specific project or for a period of time which is anticipated or known in advance to be limited and with no intention by the Company that the employee become a regular employee. In no event should a temporary employee’s term of employment exceed a period of four (h4) Following a layoff, months. The Company may exceed the limitations on its use of temporary employees shall be recalled in accordance with the provisions which are set forth in this paragraph in order to cover for the Letter long term absence of Understanding – Recall a regular employee. However, the Company will not employ temporary employees in numbers which exceed ten percent (10%) of the total complement of full time, regular employees in the bargaining unit. The designation “temporary employee” refers to a person who is on the Company’s payroll and Job Opportunities Processit does not include an employee who is employed by a contract agency whose services are contracted for by the Company with the agency. 15.03 The parties agree that the layoff provisions SECTION 3. Employees voluntarily leaving, or discharged from service of the Employment Standards Act will apply.Company, forfeit all claim to seniority previously established. Seniority shall continue to accrue under the following conditions: (a) All new jobs and permanent vacancies will be posted A leave of absence in writing granted by an officer of the plant for two working days, unless otherwise not required by the Letter of Understanding – Recall and Job Opportunities Process. Any employee who has attained bargaining unit rights in the bargaining unit may make application for such job. In the filling of such 01. In the event that an employee has been selected to fill such a new job, then the employee will be precluded from applying for any other new job for a period of six calendar monthsCompany. (b) The Company and Illness attested by a physician's certificate. (c) Service in the Union agree that a familiarization period up to five days may not be adequate for certain job classifications. Increased familiarization periods may be instituted on the joint agreement military forces of the partiesUnited States of America or the Commonwealth of Massachusetts (National Guard called in case of emergency). (d) Absence due to lay-off not to exceed twelve (12) months.

PROMOTIONS AND LAYOFFS. (a) When an opening occurs in one of All openings for jobs within the job classifications set forth in covered by this Agreement shall be posted in all the Districts simultaneously, as soon as reasonably practical and shall remain posted for three (or one hereafter added to those set forth)3) consecutive work days, with the exception of Saturdays, Sundays and holidays, which is to shall be filled on a permanent basisexcluded in determining the period of posting, or not otherwise filled as per the Letter of Understanding – Recall and Job Opportunities Process, employees will be given opportunity for promotion into such an opening on the basis of their seniority, subject to the employee being capable of satisfactorily performing the work. The Company will properly familiarize the successful applicant with the duties of the classification. Whenever there are no qualified applicants for a vacancy, the Company may fill the vacancy by transfer in accordance with this Agreement or by a new hire. If the employee is unable to perform the duties of the classification within a five day familiarization period, the employee will be returned to the employee's former job. Individual jobs in a labour grade will be posted separately with the addition of "and other duties as assigned". The Company will not consider the experience gained as a result of a temporary vacancy or assignment. Lead Hand positions will but shall not be subject held to break the continuity thereof. All bids for job openings shall be submitted electronically during said three (3) day posting provisions. (b) If period. Such a temporary assignment exceeds bid may be submitted by his Shop Xxxxxxx electronically on behalf of an employee, who is absent because of illness or injury or because he is on vacation, provided that the Shop Xxxxxxx shall have been requested to do so by such employee. No such absent employee shall be eligible for such job opening unless he shall return to work within thirty (30) calendar days after he has been notified that he is the parties successful bidder, unless the Company and Union shall mutually agree to discuss whether a temporary job posting should be made except in June to August and for new jobs, in which case if it exceeds three (3) months. If the parties decide the job should be temporarily posted, the experience gained by the employee temporarily assigned will not be taken into account in the temporary vacancy selection. The Company may assign an employee to the vacancy, if any, created as a result of the temporary job posting. (a) A Lay-off shall mean a reduction in the Employee’s regularly scheduled hours in the calendar month for a total number of hours that is more than the hours of one half of his/her regular shift (ie. 5 hours for 10 hour shift, 4 hours for 8 hour shift, etc.)waive this requirement. (b) In lay-offs exceeding filling such job openings, seniority as defined in Section 4 of this Article shall be the hours determining factor, subject to minimum qualifications and fitness as determined by the Company, on a nondiscriminatory basis. If the Union claims that the Company has determined minimum qualifications and fitness in an unjust, unreasonable or discriminatory manner, such claim shall be subject to the grievance and arbitration procedure provided in ARTICLE VIII herein. The Company agrees to fill all job openings so posted, as soon as reasonably practical after the three (a3) in a calendar month, up day posting period. The Company agrees to 3 working days, employees whose pay the successful bidder the rate of pay of the posted job as of the date of the award of the job whether or not the successful bidder has been deemed transferred to the posted job as of that time. If there shall be no bidders or no successful bidders for such a job so posted, then the Company may fill the job from any source. The successful applicant may be returned to his former job by the Company not to be necessary will be allowed to take for a valid reason upon the layoff or remain in the plant and be assigned by the Company to displace completion of a junior employee fourteen (14) calendar day period on the shift, provided that job or the employee is able successful applicant may be returned to perform his former job for a valid reason at his own request at any time during the available work and has any license or specialized skill required. During the period of such assignment under this article, the Employee shall be paid at the greater of the rate for the job he is assigned to, or his/her immediately previous job. If a complete shift is cancelled, where possible, the Company will transfer senior employees to displace junior employees on other shifts. Employees displacing a junior employee must have any license or specialized skill required to perform the work. abovementioned fourteen (c14) In laycalendar-offs exceeding 3 days, employees may bump the junior person in a job classification, on any shift, in any department providing the employee is able to perform the available work. Failing the above, the employee will exercise total plant seniority by replacing the junior person in a labour grade, providing the employee is able to perform the available work. (d) No vacancy will be posted while employees are on layoff until the process under the Letter of Understanding – Recall and Job Opportunities Process has been completed. (e) The Company will follow the Bumping Preference Form on file for any employee who is to be laid off under 15.02 c). When an employee specifies an entry level position (ergo assembler, janitor, plastics machine operator, press operator, racker/unracker and slide assembler) he/she will be placed in that position in accordance with the Form, and will have a 14 calendar day trial period. The employee will only continue beyond the first 7 days if they have demonstrated progressive improvement towards being able to perform the work. At the end of the trial period, either the Employer or Employee may decide that the Employee cannot perform the work. In such case, in accordance with 15.02 (c), the Employee shall exercise total plant seniority by replacing the junior person in a labour grade, providing the employee is able to perform the available work. (f) When changes occur to the Bumping Options, a new list will be posted on the bulletin board. Employees may change their Bumping Preference Form in accordance with the Bumping Preference Form Procedure. (g) Changes to the Bumping Preference Form Procedure will not be made without consulting the Union. (h) Following a layoff, employees shall be recalled in accordance with the provisions set forth in the Letter of Understanding – Recall and Job Opportunities Process. 15.03 The parties agree that the layoff provisions of the Employment Standards Act will apply. (a) All new jobs and permanent vacancies will be posted in the plant for two working days, unless otherwise not required by the Letter of Understanding – Recall and Job Opportunities Process. Any employee who has attained bargaining unit rights in the bargaining unit may make application for such job. In the filling of such 01. In the event that an employee has been selected the successful applicant shall be so returned, the job opening may be filled by the Company from among the other qualified applicants according to their seniority without the necessity of reposting. If the Company shall fail to fill such a new jobthe job within ninety (90) calendar days from the first day posting, then it shall not thereafter be filled until it has again been posted in accordance with the employee will be precluded from applying for any other new job for a period of six calendar monthsabove provisions. (b) The Company and the Union agree that a familiarization period up to five days may not be adequate for certain job classifications. Increased familiarization periods may be instituted on the joint agreement of the parties.

PROMOTIONS AND LAYOFFS. (a) When an opening occurs in one of the job classifications set forth in this Agreement (or one hereafter added to those set forth), which is to be filled on a permanent basis, or not otherwise filled as per the Letter of Understanding – Recall and Job Opportunities Process, employees will be given opportunity for promotion into such an opening on the basis of their seniorityseniority and ability. Where two or more applicants have relatively equal ability, subject to the employee being capable of satisfactorily performing the workseniority shall govern. The Company will properly familiarize the successful applicant with the duties of the classification. Whenever there are no qualified applicants for a vacancy, the Company may fill the vacancy by transfer in accordance with this Agreement or by a new hire. If the employee is unable to perform the duties of the classification within a five day familiarization period, the employee he will be returned to the employee's his former job. Individual jobs in a labour grade will be posted separately with the addition of "“‘and other duties as assigned". ’: The Company will shall not consider the experience gained as a result of a temporary vacancy or assignment. Lead Hand positions will shall not be subject to the job posting provisions. (b) . If a temporary assignment exceeds thirty (30) days the parties agree to discuss whether a temporary job posting should be made except in June to August and for new jobs, in which case if it exceeds three (3) monthsmade. If the parties decide the job should be temporarily posted, the experience gained by the employee temporarily assigned will shall not be taken into account in the temporary vacancy selection. The Company may assign an employee to the vacancy, if any, created as a result of the temporary job posting. (a) A Lay-off shall mean a reduction in . In layoffs which exceed one working day and recalls after layoff, an employee will exercise his total plant seniority by replacing the Employee’s regularly scheduled hours in the calendar month for a total number of hours that is more than the hours of one half of his/her regular shift (ie. 5 hours for 10 hour shift, 4 hours for 8 hour shift, etc.). (b) In lay-offs exceeding the hours in (a) junior man in a calendar monthlabour grade, up to 3 working days, employees whose job has been deemed by the Company not to be necessary will be allowed to take the layoff or remain in the plant and be assigned by the Company to displace a junior employee on the shift, provided that the employee is able to perform the available work and has any license or specialized skill required. During the period of such assignment under this article, the Employee shall be paid at the greater of the rate for the job providing he is assigned to, or his/her immediately previous job. If a complete shift is cancelled, where possible, the Company will transfer senior employees to displace junior employees on other shifts. Employees displacing a junior employee must have any license or specialized skill required to perform the work. (c) In lay-offs exceeding 3 days, employees may bump the junior person in a job classification, on any shift, in any department providing the employee is able to perform the available work. Failing the above, the employee will exercise total plant seniority by replacing the junior person in a labour grade, providing the employee is able to perform the available work. (d) No vacancy will be posted while employees are on layoff until the process under the Letter of Understanding – Recall and Job Opportunities Process has been completed. (e) The Company will follow the Bumping Preference Form on file for any employee who is to be laid off under 15.02 c). When an employee specifies an entry level position (ergo assembler, janitor, plastics machine operator, press operator, racker/unracker and slide assembler) he/she will be placed in that position in accordance with the Form, and will have a 14 calendar day trial period. The employee will only continue beyond the first 7 days if they have demonstrated progressive improvement towards being able to perform the work. At the end of the trial period, either the Employer or Employee may decide that the Employee cannot perform the work. In such case, in accordance with 15.02 (c), the Employee shall exercise total plant seniority by replacing the junior person in a labour grade, providing the employee is able to perform the available work. (f) When changes occur to the Bumping Options, a new list will be posted on the bulletin board. Employees may change their Bumping Preference Form in accordance with the Bumping Preference Form Procedure. (g) Changes to the Bumping Preference Form Procedure will not be made without consulting the Union. (h) Following a layoff, employees shall be recalled in accordance with the provisions set forth in the Letter of Understanding – Recall and Job Opportunities Process. 15.03 The parties agree that the layoff provisions of the Employment Standards Act will apply. (a) All new jobs and permanent vacancies will shall be posted in the plant for two three working days, unless otherwise not required by the Letter of Understanding – Recall and Job Opportunities Process. Any employee who has attained bargaining unit rights in the bargaining unit may make application for such job. In the filling of such 01. such a new job, the Company shall not be limited to selecting employees who have made application, providing no applicant has the qualifications and seniority as set out in Article In the event that an employee has been selected to fill such a new job, then the employee will he shall be precluded from applying for any other new job for a period of six calendar months. (b) The Company and the Union agree that a familiarization period up to five days may not be adequate for certain job classifications. Increased familiarization periods may be instituted on the joint agreement of the parties.