Common use of Recall Rights Clause in Contracts

Recall Rights. An employee shall have opportunity of recall from a lay-off to an available opening in order of seniority, provided he has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he was laid off shall have the privilege of returning to the position he held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the home of his intention to return to work within three calendar days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to so do by registered mail, addressed to the last address on record with the Home (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten calendar 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 his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreement.

Appears in 1 contract

Samples: Collective Agreement

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Recall Rights. An employee shall have opportunity of recall from a lay-off to an available opening opening, in order of seniority, provided he she has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement collective agreement shall not apply until the recall process has been completed. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he she was laid off shall have the privilege of returning to the position he she held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision provision, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the home of his intention to return to work within three calendar working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so do by registered mail, addressed to the last address on record with the Home (which notification shall be deemed to have been received on after the second day following the date of mailing) and to return to work within ten calendar 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 his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreementmonths.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. An employee shall have opportunity of recall from a lay-off to an available opening opening, in order of seniority, provided he she has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. In determining the ability and qualifications as required by law as agreed between the betweenthe parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he she was laid off shall have the privilege of returning to the position he she held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision provision, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the home Employer of his intention to return to work within three calendar (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so do by registered mail, addressed to the last address on record with the Home Employer (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten calendar (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 his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreement.

Appears in 1 contract

Samples: Service Employees

Recall Rights. (a) An employee shall have opportunity of recall from a lay-off to an available opening opening, in order of seniority, provided he she has the ability and qualifications as required by law to perform the work before job, after such opening is filled on a regular basis under a the job posting procedure. In the event a full- time employee suffers a reduction of hours as a result of layoffs and to part-time status, and a full-time position becomes available, the fulltime employee has the first right of acceptance of the full-time position available before any part-time employee is recalled from lay-off. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he she was laid off shall have the privilege of returning to the position he she held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision provision, or have been found unable or unqualified to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the home Employer of his intention to return to work within three calendar (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so do by registered mail, addressed to the last address on record with the Home Employer (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten calendar (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 his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies vacancies, which are expected to exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twentythirty-four six (2436) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreementmonths.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. (a) An employee shall have the opportunity of recall from a lay-off to an available opening opening, in order of seniority, provided he she has the ability and qualifications as required by law skills to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completedwork. In determining the ability and qualifications as required by law as agreed between the parties skills of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he she was laid off shall have the privilege right of returning to the position he she held prior to the lay-off should it become vacant within six twelve (612) months of being recalled, if the qualifications for the job have not changed. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision provision, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the home Employer of his intention to return to work within three calendar (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so do by registered mail, addressed to the last address on record with the Home Employer (which notification shall be deemed to have been received on after the second day following the date of mailing) and to return to work within ten calendar (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 his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreement.thirty

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. An employee shall have the opportunity of recall from a lay-off to an available opening opening, in order of seniority, provided he she has the ability and qualifications as required by law skills to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completedwork. In determining the ability and qualifications as required by law as agreed between the parties skills of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he she was laid off shall have the privilege right of returning to the position he she held prior to the lay-off should it become vacant within six twelve (612) months of being recalled, if the qualifications for the jab have not changed. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision provision, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the home Employer of his intention to return to work within three calendar (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so do by registered mail, addressed to the last address on record with the Home Employer (which notification shall be deemed to have been received on after the second day following the date of mailing) and to return to work within ten calendar 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 his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twentythirty-four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreement.six

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. An employee shall have opportunity The provisions of recall from a lay-off to an available opening in order of seniority, provided he has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement this Article shall not apply until to job openings, the duration of which is days or less. Individuals laid off and on the recall process has been completedlist will be re- called to openings in excess of days in any code in the plant in the order of their seniority, subject to reasonable evidence of their ability to produce normal qual- ity and quantity within working days. In determining Ifthe job consists of two (2) occupations, provided the ability and qualifications as required by law as agreed between claiming employee can meet the parties of an employee to perform the work for the purposes normal requirements of the paragraph abovemajority occupation as per the above they will be permitted to displace provided they can meet the normal requirements of the additional occupation within thirty (30) working days from the date of transfer. If the job consists of more than two (2) occupations, provided the Employer shall not act in an arbitrary mannerclaiming meet the normal requirements of the majority occupation as per the above they will be permitted to displace provided they can meet the normal re - quirements of the additional occupation within forty (40) working days from the date of transfer. An employee recalled to work in a different classification from which he was with established seniority who has been laid off shall will have their name retained on the privilege recall list usfollows: Service Retention on Credits List Period service credits of returning years or greater less than or greater years or greater Former service credits restored to an em- ployee Section Service Rules will not be included in the position he held prior to the lay-off should it become vacant within six (6) months determi- nation of being recalledan employee’s service creditsfor recall purposes. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision or have been found unable to perform the work available. It is the sole responsibility of the An employee who has been laid off will be notified when work is available. If necessary, this will be done by registered letter or telegram addressed to the last address recorded by the employee with the Employee Relations Office. is the employee’s responsibility to keep the Em- ployee Relations office of of number. An employee must notify the home of his Company intention to return to work within three calendar four working days (exclusive of Saturdaysthe recall to work notice, Sundays and Paid Holidays) after being notified to so do by registered mail, addressed to the last address on record with the Home (which notification shall be deemed to have been received on the second day following the date of mailing) and to must return to work within ten calendar 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 his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such the recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with notice, or make an alternative arrangement satis- factory to the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this AgreementCompany.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. a) An employee shall have opportunity of recall from a lay-off to an available opening opening, in order of seniority, provided he or she has the skill, ability and qualifications as required by law to perform the work before such an opening is filled on a regular basis under a job ajob posting procedure. The posting procedure in the Collective Agreement collective agreement shall not apply until the recall process has been completed. In determining the skill, ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph paragraphs above, the Employer shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he was laid off shall have the privilege of returning to the position he held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees employee shall be hired until all those laid off for less than eighteen (I months have been given an the opportunity to return to work provided the on lay off have the skill, ability and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision or have been found unable qualifications to perform the work availableavailable work. It is the sole responsibility of The Employer shall the employee who has been laid off to notify the home of his intention to return to work within three calendar days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to so do recall opportunity by registered mailRegistered Mail, addressed to the last address on record with the Home (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten calendar days after being notifiedEmployer. The notification shall state the job position to which the employee is eligible to be recalled and the date and time at which the employee shall report for return to work. The employee is solely responsible for his proper address being shall notify the Employer of her intent to assume or the position within seven (7) days of receipt of the Registered letter. Receipt of the Registered letter shall be deemed to be on record with the Employersecond day following the date of mailing. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty sixty (60) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreement.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. An employee shall have opportunity of recall from a lay-off layoff to an available opening in his/her former status, in order of seniority, provided he or she has the ability and qualifications as required by law to perform the work before after such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position he held prior to the lay-off layoff should it become vacant within six (6) months of being recalled. An employee, who is qualified to receive severance pay, may elect to defer receipt of severance payment while his or her recall rights are still in effect. Once an employee does opt to receive the severance payment, he or she shall be deemed to have resigned, and his or her recall rights shall be extinguished. The Hospital agrees to post vacancies during the recall period, as per the job posting procedure (Article 9.05), allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure an employee shall have the opportunity of recall from a layoff to an available opening in his/her former status, in order of seniority, provided he or she has the ability to perform the work. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision provision, or have been found unable to perform the work available. It is the sole responsibility of The Hospital shall notify the employee who has been laid off to notify the home of his intention to return to work within three calendar days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to so do recall opportunity by registered mail, addressed to the last address on record with the Home Hospital (which notification shall be deemed to have been be received on the second day following the date of mailing) and to return to work within ten calendar 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 his or her proper address being on record with the EmployerHospital. The employee will have seven (7) calendar days to respond upon the receipt of the registered letter. Employees on lay-off or notice of lay-off layoff shall be given preference for temporary vacancies in their former status which are expected to exceed twenty days of worksixty (60) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes layoff, without prejudice to recall rights during the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ remainder of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreementperiod.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. An employee shall have opportunity of recall from a lay-off to an available opening opening, in order of seniority, provided he she has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completedwork. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he she was laid off shall have the privilege of returning to the position he she held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision seniorityprovision, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the home of his intention to return to work within three calendar five (5) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so do by registered mail, addressed to the last address on record with the Home Employer (which notification shall be deemed to have been received on after the second day following the date of mailing) and to return to work within ten calendar (10) days after being notifieddeemed to have received the notice the Employer. 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 his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twentythirty-four six (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreement.36)

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. a) Where there are employees on layoff and there is a permanent vacancy to be filled, the Employer shall post such vacancy and the normal posting provisions shall be followed. Employees on layoff may apply for posted positions. An employee on layoff shall have the opportunity of recall from a lay-off layoff in order of seniority to an available opening in order of seniorityposition once the posting process has been completed, provided he she has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completedwork. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work and qualifications as required by law, for the purposes of the paragraph abovethis article, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he she was laid off shall have the privilege of returning to the position he she held prior to the lay-off layoff should it become vacant within six (6) months of being recalledvacant. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision provision, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the home Employer of his her intention to return to work within three calendar (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so do by registered mail, addressed to the last address on record with the Home (which Employer. Such notification shall be deemed to have been received on the second day following two days after the date of mailing) and to . The employee shall return to work within ten calendar working days after being notifiedof the notification. 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 his her proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreement.

Appears in 1 contract

Samples: Agreement

Recall Rights. An employee shall have opportunity of recall from a lay-lay- off to an available opening opening, in order of seniority, provided he she has the ability and qualifications qualification as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement collective agreement shall not apply until the recall process has been completed. In determining the ability and qualifications qualifications, as required by law as agreed between the parties parties, of an employee to perform the work for the purposes purpose of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he she was laid off shall have the privilege of returning to the position he she held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees employee shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision provision, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the home Employer of his intention to return to work within three calendar working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so do by registered mail, addressed to the last address on record with the Home Employer (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten seven calendar 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 his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreementmonths.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. An employee shall have opportunity of recall from a lay-off to an available opening opening, in order of seniority, provided he she has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement collective agreement shall not apply until the recall process has been completed. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he she was laid off shall have the privilege of returning to the position he she held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision provision, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the home Employer of his intention to return to work within three calendar working days (exclusive of Saturdays, Saturdays Sundays and Paid Holidays) after being notified to do so do by registered mail, addressed to the last address on record with the Home Employer (which notification shall be deemed to have been received on after the second day following the date of mailing) and to return to work within ten calendar (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 his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreementmonths.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. (a) An employee shall have opportunity of recall from a lay-off to an available opening opening, in order of seniority, provided he she has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement collective agreement shall not apply until the recall process has been completed. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he she was laid off shall have the privilege of returning to the position he she held prior to the lay-off should it become vacant within six (6) months of being recalled. Employees whose employment status was changed from full-time to part- time or vice-versa shall also be entitled to the same privilege. No new employees shall be hired until all those laid laid-off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision provision, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the home Employer of his intention to return to work within three calendar (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so do by registered mail, addressed to the last address on record with the Home Employer (which notification shall be deemed to have been received on the second day following after the date of mailing) and to return to work within ten calendar 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 his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreement.

Appears in 1 contract

Samples: Collective Agreement

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Recall Rights. (a) An employee shall have opportunity of recall from a lay-off to an available opening opening, in order of seniority, provided he she has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement collective agreement shall not apply until the recall process has been completed. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he she was laid off shall have the privilege of returning to the position he she held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision provision, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the home Employer of his intention to return to work within three calendar (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so do by registered mail, addressed to the last address on record with the Home Employer (which notification shall be deemed to have been received on after the second day following the date of mailing) and to return to work within ten calendar (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 his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreement.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. An employee shall have opportunity of recall from a lay-off to an available opening opening, in order of senioritysenior- ity, provided he she has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting ajob post- ing procedure. The posting procedure in the Collective Collec- tive Agreement shall not apply until the recall process has been completed. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification clas- sification from which he she was laid off shall have the privilege of returning to the position he she held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision provision, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the home Employer of his intention to return to work within three calendar (3) working days (exclusive of Saturdays, Sundays and Paid HolidaysHoli- days) after being notified to do so do by registered mail, addressed to the last address on record with the Home Employer (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten calendar (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 his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from months. NOTE For purposes of layoff and recall, full-time and part-time seniority will be deemed to be merged. It is understood and agreed that if a part- time employee bumps a full-time employee as part of the date above-noted procedure, the part-time employee is accepting the full-time position only. It is understood and agreed that if a full-time employee bumps a part-timeemployee as part of laythe above-offnoted procedure, the full-time employee is accepting the part-time position only. Any agreement reached between the Home and the Union concerning the method of implementing layFor these purposes, I year full-offs will take precedence over other terms of laytime seniority = hours part-off in this Agreementtime seniority.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. a) An employee shall have opportunity of recall from a lay-off to an available opening opening, in order of seniority, provided he she has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. , The posting procedure in the Collective Agreement collective agreement shall not apply until the recall process has been completed. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he she was laid off shall have the privilege of returning to the position he she held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to t o do so, in accordance with the loss of seniority provision provision, or have been found unable to t o perform the work available. It is the sole responsibility of the employee who has been laid off to t o notify the home Employer of his intention to return to work within three calendar working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so do by registered mail, addressed to t o the last address on record with the Home (which notification shall be deemed to have been received on after the second day following the date of mailing) and to return to work within ten calendar 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 his proper address being on record with the Employer. Employees on lay-lay- off or notice of lay-lay- off shall be given preference for temporary vacancies which are expected to exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-lay- off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twenty-twenty- four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreementmonths.

Appears in 1 contract

Samples: Service Employees

Recall Rights. (a) An employee shall have the opportunity of recall from a lay-off to an available opening opening, in order of seniority, provided he she has the ability and qualifications as required by law skills to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completedwork. In determining the ability and qualifications as required by law as agreed between the parties skills of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled recalled, to work in a different classification from classificationfrom which he she was laid off shall have the privilege right of returning to the position he she held prior to the lay-off should it become vacant within six twelve (612) months of being recalled. if the qualifications for the job have not changed. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision provision, or have been found unable to perform the work available. It is the sole responsibility of responsibilityof the employee who has been laid off to notify the home Employer of his intention to return to work within three calendar (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so do by registered mail, addressed to the last address on record with the Home Employer (which notification shall be deemed to have been received on after the second day following the date of mailing) and to return to work within ten calendar 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 his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twentythirty-four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreement.six

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. In the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation. The decision of the employee to choose or above shall be given in writing to the Administrator within one (1) calendar week following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off. An employee shall have opportunity of recall from a lay-off to an available opening opening, in order of seniority, provided he she has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completedwork. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he she was laid off shall have the privilege of returning to the position he she held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision provision, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the home Employer of his intention to return to work within three calendar (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so do by registered mail, addressed to the last address on record with the Home Employer (which notification shall be deemed to have been received on after the second day following the date of mailing) and to return to work within ten calendar (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 his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreement.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. (a) An employee shall have opportunity of recall from a lay-off to an available opening opening, in order of seniority, provided he she has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement collective agreement shall not apply until the recall process has been completed. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he she was laid off shall have the privilege of returning to the position he she held prior to the lay-off should it become vacant within six (6) 6 )months of being recalled. Employees whose employment status was changed from full-time to part-time or vice-versa shall also be entitled to the same privilege. No new employees shall be hired until all those laid laid-off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision provision, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the home Employer of his intention to return to work within three calendar (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so do by registered mail, addressed to the last address on record with the Home Employer (which notification shall be deemed to have been received on the second day following after the date of mailing) and to return to work within ten calendar (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 his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreement.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. It is understood and agreed that if a part-time employee bumps a full- time employee as part of the above-noted procedure, the part-time employee is accepting the full-time position only. the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation. The decision of the employee to choose or above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off. An employee shall have opportunity of recall from a lay-off to an available opening opening, in order of seniority, provided he she has the ability and qualifications as required by law skills to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completedwork. In determining the ability and qualifications as required by law as agreed between the parties skills of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he she was laid off shall have the privilege of returning to the position he she held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in accordance with the loss of seniority provision provision, or have been found unable to perform the work available. available It is the sole responsibility of the employee who has been laid off to notify the home Employer of his intention to return to work within three calendar (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so do by registered mail, addressed to the last address on record with the Home Employer (which notification shall be deemed to have been received on after the second day following the date of mailing) and to return to work within ten calendar 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 his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreement.ten

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. An employee shall shall. have opportunity of recall from a lay-off to an available opening opening, in order of seniority, provided he has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement agreement shall not apply until the recall process has been completed. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which he she was laid off shall have the privilege of returning to the position he she held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until until. all those laid off have been given an opportunity to return to work and have failed to notify the Home of their intention to do so, in i-n accordance with the -the loss of seniority provision provision, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the home of his intention to return to work u 0 within three calendar working days (exclusive of Saturdays, Sundays Sundays, and Paid Holidays) after being notified to do so do by registered mail, addressed to the last address on record with the Home Employer (which notification shall be deemed to have been received on after the second day following the date of mailing) and to return to work within ten calendar working days after being notified. The notification shall s 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 his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. Where the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off. Any agreement reached between the Home and the Union concerning the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreementmonths.

Appears in 1 contract

Samples: Collective Agreement

Recall Rights. a. An employee shall have the opportunity of recall from a lay-off layoff to an available opening opening, in order of seniority, provided he she has the ability and qualifications qualification as required by law to perform the work before after such opening is filled on a regular basis under a the job posting procedure. The procedure prior to the posting procedure in the Collective Agreement shall not apply until the recall process has been completed. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary mannerjob. An employee recalled to work in a different classification from which he she was laid off or an employee who was bumped out of a classification to maintain her hours shall have the privilege option of returning to the position he she held prior to the lay-off layoff should it become vacant within six twelve (612) months of being recalled. This option may only be offered once. No new employees employee shall be hired until all those laid off have been given an opportunity to return to work according to the terms of the Collective Agreement and have failed to notify the Home of their intention to do so, or in accordance with the loss of Article have lost their seniority provision or have been found unable to perform the work availableand deemed terminated. It is the sole responsibility of the employee who has been laid off to notify the home Employer of his intention to return to work within three calendar (3) working days (exclusive of SaturdaysSaturday, Sundays and Paid HolidaysSunday or holidays) after being notified to do so do by registered mail, addressed to the last address on record with the Home Employer (which notification shall be deemed to have been received on the second day following the date of mailing) ), and to return to work within ten calendar working days after being notified, or such time as mutually agreed to between the and the Employer. 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 his proper address and telephone number being on record with the Employer. If an employee fails do this, the will not be for failure of a notice to reach that employee. Employees on lay-off layoff or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such a recall and may instead remain on lay-offlayoff. This provision supersedes the job posting provision. Where The Employer is not required to give notice of subsequent layoff to the employee fails to notify the Home of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Employer. In the event that a lay-off, commences on the day immediately following a Paid Holiday, Union nor an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commencedwho is recalled to fill such a temporary vacancy. A laid off If an employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off. Any agreement reached between the Home and or the Union concerning wishes to a grievance about a or notice of layoff, this shall be done through the method of implementing lay-offs will take precedence over other terms of lay-off in this Agreementgrievance procedure.

Appears in 1 contract

Samples: Collective Agreement

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