Recall Rights Clause Samples
The Recall Rights clause grants a party, typically the seller or manufacturer, the authority to require the return of goods or products after they have been delivered or sold. In practice, this clause may be invoked if a product is found to be defective, unsafe, or subject to regulatory issues, obligating the buyer to cooperate in returning the affected items. Its core function is to protect parties from liability and ensure consumer safety by enabling the prompt removal of problematic products from the market.
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Recall Rights. 22.13.1 In the event that a position becomes available through retirement, resignation, death, or the cessation of the state of financial exigency, individuals holding a continuing appointment who are terminated owing to financial exigency shall be informed of the vacancy in writing. If they choose to apply for such a position, they shall have the right of first refusal for positions for which they are qualified, or for which they can be reasonably retrained. The order of recall within each budget unit shall be opposite the order of termination. Prior consideration shall be given for a period of five (5) years.
22.13.2 An academic staff member who held a continuing appointment which was terminated under this Article shall be eligible for recall to limited term positions as well as continuing positions. In the event that a staff member who held an appointment with Tenure at the date of termination accepts recall to a continuing full-time position pursuant to the provisions of Article 22, Clause 22.13.1, the staff member's appointment with Tenure status and the accumulated research and scholarship leave service credit enjoyed at the time of termination shall be reinstated.
22.13.3 An academic staff member who accepts recall to a limited term position shall retain the right of first refusal for continuing full-time positions which come available in the department(s) from which the staff member was terminated for the remainder of the five (5) year period during which the staff member has the right of prior consideration pursuant to Article 22, Clause 22.13.1.
22.13.4 The academic staff member shall be given as much notice as possible concerning a position vacancy. Except in cases of emergency, the staff member shall receive not less than four (4) months' notice of recall prior to the scheduled commencement date, or such shorter period of notice as may be agreed upon between the ▇▇▇▇ or administrative equivalent and the academic staff member.
22.13.5 The academic staff member shall respond to a notice of recall as quickly as possible, but in any event within one (1) month of the date that the notice is received at the staff member's last known address.
22.13.6 When accepting a recall, a staff member shall be required to repay to the University that amount of severance pay which exceeds what would have been earned as salary if the staff member had continued to work during the period that the appointment was terminated.
Recall Rights. Laid off employees will have a right to return to a vacancy in the same class and department from which they were laid off. Recall shall be in inverse order of layoff.
Recall Rights. Teachers whose contracts have been suspended or non-renewed because of a reduction in force shall be so notified in writing and shall have rights to recall as follows:
1. Recall rights shall be limited to the twenty-four (24) months period commencing on the day following the employee's last day of work.
2. Teachers whose contracts were non-renewed or suspended shall be recalled to a vacancy in the inverse order of non-renewal or suspension as positions become available in their area of certification/licensure at the time of recall; provided however, that certificated tutors whose contracts were non-renewed or suspended shall be recalled only to certificated tutor vacancies, and then in the inverse order of non-renewal of suspension as such positions become available in their area of certification/licensure at the time of recall; and further provided however, seniority shall not be the basis for recalling a teacher, except when making a decision between teachers who have comparable evaluations. Teachers must notify the District of any changes in their area of certification/licensure.
3. A teacher notified of recall to a position may turn down the first offered position, allowing the Superintendent to offer said position to the next person on the recall list who is qualified to fill said position. The person making the turndown would retain his/her position on the recall list. If a teacher refuses recall to another position, said teacher's name shall be removed from the recall list; except no teacher shall be removed from the recall list for refusing a lesser position (time or pay) than the one from which he/she was reduced. Provided however, no teacher whose continuing contract has been suspended shall lose the right of recall and restoration to continuing service status by reason of having declined recall to a position that is less than full-time or, if the teacher was not employed full-time just prior to suspension of the teacher's continuing contract, to a position requiring a lesser percentage of full-time employment than the position the teacher last held while employed in the district.
4. Teachers on recall status shall have the responsibility for keeping the Superintendent informed of their current address, name change, and telephone number. Notification of recall shall be by certified mail at the teacher's last known address. Failure to contact the Superintendent to accept such recall within ten (10) calendar days of the date of such mailing shall r...
Recall Rights. 12.1 The parties agree that Local boards will increase the length of time contained in their local collective agreements providing rights to recall by an additional two (2) years.
12.2 For any board collective agreement that does not provide recall rights, that board shall provide for rights of recall for a period of two (2) years.
12.3 By mutual agreement, local parties may negotiate changes to any aspects of recall rights other than the duration of an employee’s recall rights.
Recall Rights. (a) An Employee shall have opportunity of recall from a lay-off to an available opening, in order of seniority, provided she has the skills to perform the work. In determining the skills of an Employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner.
(b) An Employee recalled to work in a different classification from which she was laid off shall have the right of returning to the position she held prior to the lay-off should it become vacant within twelve (12) months of being recalled, if the qualifications for the job have not changed.
(c) No new Employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(d) It is the sole responsibility of the Employee who has been laid off to notify the Employer of her intention to return to work within three (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received after the second day following the date of mailing) and return to work within ten (10) working days after being notified. The notification shall state the job to which the Employee is eligible to be recalled and the date and time at which the Employee shall report for work. The Employee is solely responsible for her proper address being on record with the Employer.
Recall Rights. Employees who accept a position out of the Job Bank or who bump into a previously held position, or leave City employment on layoff shall retain recall rights to the title they held when assigned to the Job Bank in accordance with the collective bargaining agreement at the time of placement in the Job Bank.
Recall Rights. 1. Employees who are laid off or reduced in force shall be placed on recall lists within their seniority units and shall be entitled to remain on such lists for two years. Such employees shall keep the Employer informed of their current address. Employees on the lists shall be notified in order of craft seniority within the seniority unit of all vacant assignments in the same category and level from which they were laid off or reduced in force. Preference eligibles will be accorded no recall rights greater than non-preference eligibles except as required by law. Notice of vacant assignments shall be given by certified mail, return receipt requested, and a copy of such notice shall be furnished to the local union president. An employee so notified must acknowledge receipt of the notice and advise the Employer of his or her intentions within 5 days after receipt of the notice. If the employee accepts the position offered he or she must report for work within 2 weeks after receipt of notice. If the employee fails to reply to the notice within 5 days after the notice is received or delivery cannot be accomplished, the Employer shall offer the vacancy to the next employee on the list. If an employee declines the offer of a vacant assignment in his or her seniority unit or does not have a satisfactory reason for failure to reply to a notice, the employee shall be removed from the recall list.
2. An employee reassigned from a losing installation pursuant to B.5 above and who has retreat rights shall be entitled under this Article to exercise those retreat rights before a vacancy is offered to an employee on the recall list who is junior to the reassigned employee in craft seniority.
Recall Rights. A Employees who are laid off or reduced in force shall be placed on recall lists within their seniority units and shall be entitled to remain on such lists for two years. Such employees shall keep the Employer informed of their current address. Employees on the lists shall be notified in order of craft seniority within the seniority unit of all vacant assignments in the same category and level from which they were laid off or reduced in force. Prefer- ence eligibles will be accorded no recall rights greater than non- preference eligibles except as required by law. Notice of vacant assignments shall be given by certified mail, return receipt re- quested, and a copy of such notice shall be furnished to the local union president. An employee so notified must acknowledge re- ceipt of the notice and advise the Employer of his or her inten- tions within 5 days after receipt of the notice. If the employee accepts the position offered he or she must report for work with- in 2 weeks after receipt of notice. If the employee fails to reply to the notice within 5 days after the notice is received or delivery cannot be accomplished, the Employer shall offer the vacancy to the next employee on the list. If an employee declines the offer of a vacant assignment in his or her seniority unit or does not have a satisfactory reason for failure to reply to a notice, the employee shall be removed from the recall list.
Recall Rights. Any employee laid off pursuant to this practice shall have recall rights to any position for which he/she is or may become qualified for one year from the effective date of his/her layoff and shall be offered employment in such available positions in associate job classifications in inverse order of the layoff.
Recall Rights.
(i) Laid-off regular employees on the recall list may make application, on the same basis as active employees, for regular vacancies posted under Article 13.01. Laid-off regular employees on the recall list who do not apply for posted vacancies shall receive no consideration when such vacancies are filled on the basis of Article 13.04.
(ii) If the regular vacancy is not filled under clause (i) above, and in accordance with Article 14.09 below, the Employer shall then attempt to recall a former regular employee on the recall list having the required qualifications, experience, skill and ability to perform the work in question, before offering employment to a new employee. All determinations of qualifications, experience, skill and ability shall be made by the Employer in a fair and equitable fashion.
(iii) In no event shall the Employer be required to re-employ any former employee who has been laid-off and on the recall list for longer than twelve (12) consecutive months.
(iv) Notwithstanding Article 14.08 (i) and (ii), an employee who has been given notice of layoff and has chosen to bump in accordance with Article 14.03, Bumping Rights, and subsequently and within twelve (12) months the position from which they were laid off becomes available, such employee shall be offered recall rights to their former position, and if accepted, the vacancy shall not be posted. Seniority shall prevail if two or more such employees seek recall to the same vacancy.