We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Common use of Recall Clause in Contracts

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type).

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

AutoNDA by SimpleDocs

Recall. When it is determined by the Agency Employees who have been laid off shall be re-employed in seniority order from most senior to least senior. Employees whose positions have been eliminated through layoff or otherwise, shall be called first to fill a vacancy or within their job family. 1. Prior to recall other employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority being recalled from the samerecall list, similar or related classification series for whom an employee who displaced another employee pursuant to provisions contained in this article shall have the position does not constitute a promotion as defined in Article 17, and who prior right to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a vacant position provided for which they are qualified. However, the affected employee is qualified to perform the duties. Any who displaces another employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights eligible for a period position at a higher pay grade than the one he/she originally held at the time of twenty-four (24) monthslayoff. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled who displaced another employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to fills a vacancy in his/her original classification and appointment category (type). Except that any department, then the employee declining recall to a different appointment category (type) than that whom he/she displaced will automatically be recalled into the position from which he/she was laid off or displaced previously held. After this process, other employees will be recalled to fill a vacancy for which they are qualified in the same department they were assigned at the time of their layoff. 2. Employees may be offered a position outside their department/program for which they are qualified. Employees may refuse a position outside their department/program. Employees who refuse such a position a second time shall have no further rights to recall. 3. Each employee on layoff shall be removed required to provide the District Personnel Office, in writing, with a current address to which a letter of recall may be sent. Employees being recalled shall be notified by “Certified Mail Delivery Confirmation” and shall have five (5) working days from the date of the receipt of notice to respond to the School Board’s offer and return to work. The School Board reserves the right to temporarily assign an employee to the vacancy until the recalled employee reports to work. If the letter is mailed to the address provided by the employee and is returned to the School Board because the address is incorrect, the School Board has fulfilled the obligation of this sub-section. If the School Board does not receive an affirmative response, the employee will be moved to the bottom of the recall list. If the recall notice is returned in the allotted time, yet not marked appropriately by the Human Resources & Equity Department, the employee shall retain his/her place on the recall list for the next job opening for which he/she is qualified. However, after the third returned notice, the employee’s name will be dropped from the recall list and the School Board shall have no further obligation to the employee. 4. An employee whose contract is non-renewed due to reorganization shall be entitled to recall rights for a layoff period of eighteen (18) months. All other employees shall be entitled to recall rights for a layoff period of twelve (12) months. 5. The employee laid off pursuant to this Article shall be given the opportunity to continue insurance coverages in existing programs during the layoff provided that appointment category (type)the premium for such insurance programs shall be paid by the employee on a monthly basis in advance of the month due. 6. No new or substitute appointments may be made while there are laid off employees available who are qualified to fill the vacancies, except that employees may be hired into positions that have been offered and refused by employees on the layoff/recall list.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by A. The Department/Agency shall maintain an area/regional recall roster from which laid off employees will be recalled, to the Agency title from which they were laid off or bumped, in accordance with their seniority and in accordance with their qualifications to fill a vacancy or to perform the work. The parties agree that individual employees who are on the recall employees in a classification where the layoff occurred, the following procedure list shall be adhered to: The laid off given the opportunity to indicate the work location(s) to which they would be willing to accept recall. It is understood that such employee with would only be offered recall positions to be filled within the most State seniority from work location(s) for which they have indicated a willingness to accept. Failure to return geographic preference sheet will result in consideration for recall to any location in the sameDepartment. B. If the employee’s position is abolished as a result of the transfer of the functions to another Department/Agency, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior such employee may elect to have his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be name placed on the recall list by roster or to be transferred, subject to the effective date approval of their layoff. the Appointing Authority, to a similar position in such Department/Agency without loss of seniority, or other rights and in accordance with paragraph "A" above. C. An employee laid off during the July 2009 – June 2012 term of this Agreement shall be recalled remain on the recall roster for three (3) years, except an employee who is offered recall to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recallsame title, in the same job grade, as the position title from which he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced off, and who refuses such offer shall be removed from the recall list and reemployment list if recalled to his/her original classification and appointment category recall rights shall be forfeited at that time. Effective July 1, 2012, an employee laid-off shall remain on the recall list for two (type). Except that any 2) years, except an employee declining who is offered recall to a different appointment category (type) than that position in the same job grade as the position from which he/she was laid off or displaced and who refuses such offer shall be removed from the recall list and his/her recall rights shall terminate at that time. The Department shall deliver written forms to persons on the recall roster asking each to indicate to which facility, area or region they would be willing to accept re-employment. As vacancies occur in particular facilities, areas or regions the department/agency shall, in accordance with sub-section A of this Section, offer the position(s) to the employee on the recall roster who is determined qualified by the Appointing Authority to perform the work, and has indicated in writing that he/she would accept employment at that location, or who is on a statewide recall roster. Failure to provide a geographical preference, as referenced above, within seven (7) calendar days of receipt of the geographical preference form, will result in the employee’s name being placed on a statewide recall roster. D. The Union acknowledges that the Department/Agency will not be liable for failure in the administration of the recall roster due to employee error or omission. E. Notwithstanding the above, a laid off employee who fails to respond in writing to a notice of recall within seven (7) calendar days of the receipt of such offer or who upon acceptance of the recall offer fails to report to work on the appointed date, shall forfeit any further recall rights. Employees who are laid off shall be informed that appointment category (type)it is their responsibility to notify the Employer of any change of address. F. Notices of recall sent by the Appointing Authority to a laid off employee and the employee's notice of acceptance, or rejection of said recall shall be sent by certified mail, return receipt requested. A. The parties may, by agreement in writing, alter the implementation of this Article to meet the varying needs of the particular Departments/Agencies. B. For the purposes of this Article, employees in the titles of Vocational Instructor A/B and Vocational Instructor C in the Department of Mental Health, the Department of Developmental Services or any other Agency/Department, shall be considered part of this Agreement. C. In the Department of Public Health, layoffs and bumping shall be conducted by Appointing Authority. In the Department of Developmental Services, layoff and bumping shall be conducted by region. In the Department of Mental Health, layoff and bumping shall be conducted by area. D. Employees who are separated from employment as the result of the implementation of this Article and who are subsequently recalled to employment, shall for purposes of determining their salary upon recall under Article 12, be credited with their prior service and shall not upon recall be considered to be “hired, reinstated or re-employed” notwithstanding the provisions of Article 12 to the contrary. Section 1. General

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees Employees who are laid off or displaced out of their classification shall be placed on the a recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of If there is a recall, employees who are still on the recall list shall be by certified mail recalled, in the inverse order of their lay-off, provided they are presently qualified to perform the employee’s last known address or hand delivered work in the job classification to the which they are recalled without further training. If an employee with proof of receipt. Employees shall maintain is recalled to a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined position in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recalla lower rated job classification, he/she shall forfeit recall rights. Likewise, if have the recalled employee does not actually right to return to the job classification he/she held prior to being laid off in the event it subsequently becomes available. If an employee is recalled to a lower rated job classification, the employee shall have the right to refuse the recall. The County shall not hire new employees in affected bargaining unit positions as long as there are still employees on the recall list who are presently qualified to perform the work within thirty (30) days, in the affected job classification and are willing to be recalled to said classification. Employees who are eligible for recall rights shall be forfeited. Any employee accepting or declining given fourteen (14) calendar days’ notice of recall and notice of recall shall be sent to the sameemployee by certified or registered mail with a copy to the Union. The employee must notify the Agency Head of their intention to return within three (3) days after receiving notice of recall. The County shall be deemed to have fulfilled its obligations by mailing the recall notice by certified or registered mail, similar or related classification series return receipt requested, to the mailing address provided by the employee, it being the obligation and the same appointment category (type) from which responsibility of the employee was laid off or displaced shall be removed from to provide the recall and reemployment list if recalled to Agency Head with his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)latest mailing address.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure Laid-off teachers shall be adhered to: placed on one of the three separate recall lists, one for teachers including contract and Federally-funded Special Education teachers, one for Title I teachers, and one for Part-Time teachers. Recall rights will be implemented for each category separately. The laid off employee teacher with the most State greatest seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on for a position for which the teacher is both qualified and certified, and which falls in the recall list by pool category in which the effective date of their layoffteacher is placed. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees Teachers including Contract and Federally Funded Special Education teachers also shall have recall rights within the Part-Time teacher pool if the teacher so chooses and if there are no Part-Time teachers in the pool. However, a teacher including a contract or Federally Funded Special Education teacher electing recall to a part-time position shall lose all recall rights in the teacher including contract and Federally Funded Special Education recall pool until the conclusion of the school year in which they assume the position or until the position is discontinued, whichever occurs first. Laid-off teachers shall be retained on a recall list for three years, exclusive of any time spent filling a period temporary vacancy, or, in the case of twentya teacher including a contract or Federally Funded Special Education teacher, a part-four (24) monthstime position. Notification A teacher who is on a recall list shall be entitled to take a temporary position for which the teacher is qualified and certified and which falls within the recall pool category in which the teacher is placed, provided that if a teacher elects to take a temporary position, the teacher shall be obliged to fulfill the term of service called for by the temporary vacancy, and shall be returned to the recall list only after completion of that service. Any teacher who accepts any permanent position with the District, or who is offered a permanent position with the District for which the teacher is certified and qualified and who refuses the offer, shall be taken off the recall list, except that if a Part-Time teacher is offered a permanent position of lesser hours than the teacher normally worked at the time of layoff and refuses the position, the teacher shall retain the recall rights contained in this section. Notice of recall shall be made in writing by certified mail return receipt requested to the employee’s last known address or hand delivered to which has been placed on file by the employee with proof in the Human Resources Office. A simultaneous notice of receipt. Employees shall maintain a current address on file with the Agency. Recall rights recall shall be provided the UNION. A teacher who is recalled shall in writing within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) 15 calendar days of the receipt of the notice or 30 calendar days from the date the notice is mailed, whichever is sooner, give notice of recall, he/she shall forfeit recall rightsintent to accept the position. Likewise, if If the recalled employee teacher does not actually return to work respond within thirty (30) daysthe aforementioned time period, recall rights shall the teacher will be forfeited. Any employee accepting or considered as declining recall to the same, similar or related classification series position and the same appointment category (type) from which the employee was laid off or displaced shall will be removed from the recall and reemployment list list. The next eligible teacher, if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced any, then shall be removed from the recall list for that appointment category (type)given notice of recall.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees Employees who are laid off or displaced out of their classification shall be placed on the a recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of If there is a recall, employees who are still on the recall list shall be by certified mail recalled, in the inverse order of their lay-off, provided they are presently qualified to perform the employee’s last known address or hand delivered work in the job classification to the which they are recalled without further training. If an employee with proof of receipt. Employees shall maintain is recalled to a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined position in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recalla lower rated job classification, he/she shall forfeit recall rights. Likewise, if have the recalled employee does not actually right to return to the job classification he/she held prior to being laid off in the event it subsequently becomes available. If an employee is recalled to a lower rated job classification, the employee shall have the right to refuse the recall. The County shall not hire new employees in affected bargaining unit positions as long as there are still employees on the recall list who are presently qualified to perform the work within thirty (30) days, in the affected job classification and are willing to be recalled to said classification. Employees who are eligible for recall rights shall be forfeited. Any employee accepting or declining given fourteen (14) calendar days notice of recall and notice of recall shall be sent to the same, similar employee by certified or related classification series and registered mail with a copy to the same appointment category (type) from which Union. The employee must notify the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to Agency Head of his/her original classification and appointment category intention to return within three (type)3) days after receiving notice of recall. Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced The County shall be removed from deemed to have fulfilled its obligations by mailing the recall list for that appointment category (type)notice by certified or registered mail, return receipt requested, to the mailing address provided by the employee, it being the obligation and responsibility of the employee to provide the Agency Head with his/her latest mailing address.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where 1. An employee on the layoff occurred, list will have the following procedure shall opportunity to be adhered to: The laid off employee with placed in openings which occur in the most State seniority from the same, similar or related same classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it at the same or higher lower classification the employee held at the time of layoff; and shall receive the pay range as closest to the vacancy, outgoing salary. 2. The order of recall shall be determined on the basis of seniority, provided the employee to be recalled first (see Appendix I)is fully capable of performing the available work without training, 3. All employees who are laid off or displaced out Notice of their classification recall shall be placed on sent by certified mail to the recall list last known address provided by the effective date employee to the Superintendent or his designee. 4. The period of their recall shall continue for the period of thirty (30) months from the day of layoff. 5. An employee shall be recalled to a position provided remain eligible for recall unless: a. The time limit for the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification right of recall shall be by certified mail has expired; or b. he/she resigns; or c. the employee accepts or declines recall to any position for which he/she is eligible for recall, under Recall, paragraph 1 above; or d. he/she fails to respond to recall within ten (10) working days of receipt or attempt of delivery to the employee’s last known address as set forth in paragraph 3 above. 6. Upon return to service, the employee shall be credited with all back seniority; however, the period of layoff shall not be counted within that earned seniority total. Service credit will not be granted for the period of layoff. 7. At the time of layoff, if an employee has been employed by the School District for at least one year, the School District will provide two (2) months of paid hospitalization or hand delivered HMO coverage, as appropriate. Subsequently laid off employees may purchase Board hospitalization or 1-1M0 coverage, as provided by law, provided the employee makes payment to the Treasurer/CFO, as directed, by the date established for such payment by the Treasurer/CFO. Failure to do so will result in the laid off employee’s removal from the insurance rolls. Once an employee with proof is off the insurance rolls or elects not to continue insurance coverage, such employee waives all further rights to coverage during the period of receiptlayoff. Employees shall maintain Should a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the laid off employee fails have hospitalization benefits made available to him or her through another employer, such employee must notify the Agency of hisTreasurer/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series CFO and the same appointment category (type) from which the employee was laid off or displaced shall will be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)insurance rolls.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill 1. If within twenty-seven (27) months of layoff a vacancy or to recall employees in occurs within the District for which a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with is fully qualified, such employee shall be recalled pursuant to the most State seniority following: a. At the time of layoff, the District shall provide for laid off employees to express in writing a desire to return to the District. The District shall also receive the employee’s address for recall notification. In the event of a recall, the District shall notify the employee who has expressed a desire to return to the District by certified mail, return receipt, sent to the last address given by the employee to the District office. The employee will have seven (7) calendar days from the samereceipt of mailing to notify the District of intent to return. The employee must thereafter report on the starting date specified by the District, similar providing that this will not be less than twenty-one (21) calendar days from the date the notice of recall was received, or related classification series for whom the position does lose all recall rights. If an employee cannot constitute a promotion as defined in Article 17, and who prior to be contacted at his/her address or record (return of certified mailing) as provided for above, then he/she will be considered to have waived all recall rights, unless the employee is under contract in another school district, in which case the employee will be allowed one additional right to recall if the employee so notifies the District within the 21-day time period. In the event the employee refuses a second recall, the employee waives all further recall rights. b. All benefits to which an employee was entitled at the time of layoff, held a classification which carried with it including unused accumulated sick leave, will be restored to the same or higher pay range as employee upon the vacancyemployee’s return to active employment, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall and the employee will be placed on the recall list by proper step of the effective date of their layoff. An employee shall be recalled to a salary schedule for the employee’s current position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail according to the employee’s last known address experience and education. An employee will not receive increment credit for the time spent on lay off nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. 2. In determining which teacher or hand delivered teachers to recall, the Board will utilize the criteria set forth in paragraph B above. Any teacher who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any teacher not recalled pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall be by means of a grievance filed pursuant to the employee with proof Article on Grievance Procedure. The decision of receipt. Employees shall maintain a current address the arbitrator will be final and binding on file with all interested parties as long as the Agency. Recall rights shall be arbitrator's decision is within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent jurisdiction. The arbitrator's jurisdiction is further restricted as follows: The arbitrator is authorized to report to work within seven (7) days of receipt of reverse the notice of recall, he/she shall forfeit layoff or recall rights. Likewise, decision made by the District only if the recalled employee does District; a. Exceeded its jurisdiction; b. Failed to follow the procedure applicable to the matter before it; c. Made a finding or order not actually return to work within thirty (30) days, recall rights shall be forfeitedsupported by substantial evidence in the whole record; or d. Improperly construed the applicable law. 4. Any regular employee accepting who is non-renewed or declining recall to dismissed for the same, similar or related classification series and only the same appointment category (typesame, reason(s) from which the employee was laid off or displaced shall Board could have used to conduct a layoff under this Article, will be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type).afforded re-employment rights in accordance with Section H.

Appears in 5 contracts

Samples: Licensed Agreement, Licensed Agreement, Licensed Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure A. Recalls shall be adhered to: The laid off employee with the most State made in order of bargaining unit seniority from among those employees laid-off in the samejob title in which the recall occurs. B. Employees who chose to return to a lower job title in accordance with Section 12A of this Article shall retain their recall rights to the job title from which they were laid off, similar or related classification series for whom until refusing to accept an offer in the position does not constitute a promotion as defined in Article 17job title from which laid off. C. A regular employee who is laid off, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancywhen recalled, shall be recalled first (see Appendix I). All employees who are to the job title from which they were laid off at the pay level at which they were laid off or displaced out the current pay level, whichever is higher, and shall retain all benefits which are current for bargaining unit employees at the time of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall recall. D. Recall shall be by written certified mail notice, return receipt requested, to the employee’s 's last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights Human Resources Office and shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If require that the employee fails to notify accept or reject recall within five (5) working days after the Agency delivery date or proof of his/her intent to report to work within seven non-delivery. Employees accepting recall shall have two (72) days of weeks from the receipt of the notice of recall, he/she shall forfeit recall rightsto return to work. Likewise, if the recalled employee does not actually Should special circumstances prevent a return to work within thirty two (302) daysweeks, the employee shall notify the Human Resources Office and arrange a return date acceptable to the District. Failure to return to work within the agreed upon time or refusal to accept a recall rights shall be forfeitedconsidered a voluntary termination. Any employee accepting or declining recall It shall be the employee's responsibility to keep the same, similar or related classification series Human Resources Office informed of current phone number and address. Layoff status shall automatically terminate twelve (12) months after the same appointment category (type) from which the employee was effective date of such layoff. Employees who are laid off or displaced and who are subsequently reinstated within twelve (12) months shall be removed from retain their full seniority but not receive credit for movement on the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from wage schedule for the recall list for that appointment category (type)layoff period.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, The Board will use the following procedure recall procedures for Non-Teacher Employees: 1. Non-Teacher Employees will be recalled in order of seniority to vacancies for which they are currently certified and qualified as the positions become available. Non-Teacher Employees shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed maintained on the recall list by until they are restored to their FTE at the effective date point of their layoff, subject to “5” below. An employee shall be recalled to a A position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve be considered vacant as the result of an Employee going on leave. 2. The Employer will send a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be notice by certified mail to the employee’s each recalled Non-Teacher Employee at his/her last known address address, postmarked at least twenty (20) calendar days before his/her reporting date. The Non-Teacher Employee will indicate his/her desire to accept or hand delivered to reject an offer of recall within ten (10) calendar days from the employee with proof date the notice was received or within twenty (20) calendar days from the date the notice was sent, whichever occurs earlier. If a Non-Teacher Employee does not accept the position offered by the notice of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be recall within the Agency aforementioned period, this shall conclusively and within recall jurisdictions as outlined in Appendix J. If irrebuttably be construed to constitute a resignation and/or the employee fails to notify the Agency Employee’s abandonment of his/her intent employment by the Board. The Employee shall immediately be removed from the recall list. 3. If the Non-Teacher Employee does not report for work as scheduled, he/she will be considered to have quit unless the Non-Teacher Employee has made other prior arrangements to report to work within seven five (75) working days of receipt the scheduled date that are acceptable to the Employer. 4. It is the responsibility of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from Non-Teacher Employee to notify the recall and reemployment list if recalled to Employer of any changes in his/her original classification mailing address, telephone number, and appointment category (type)certification and/or approval status. 5. Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid A laid-off or displaced Non-Teacher Employee shall be removed from maintained on the recall list for that appointment category (type).a period of two

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When 1. If a recall is offered, it is determined will be offered in seniority order to flight attendants on furlough status by sending a written recall notice by U.S. certified mail/return receipt requested or express mail at her/his last-filed address and via electronic mail, provided the Agency flight attendant has provided the Company with an e-mail address. 2. In order to fill a vacancy or to recall employees in a classification where the layoff occurredhelp ensure that adequate flight attendants accept recall, the following procedure Company may notify more furloughed flight attendants of recall than will actually be recalled. The Company shall provide notice to the redundant recipient(s) of a recall notice that they may not be adhered to: recalled if the stated number of recalled Crewmembers is achieved. 3. A flight attendant who has received a recall notice must contact the Company as soon as possible, but in no event later than fourteen (14) calendar days from the receipt of the recall notice, to notify the Company in writing that she/he is accepting recall, is electing to bypass, or is terminating her/his employment. Written notice must be sent directly to the Director of Inflight, or her/his designee, using one of the delivery methods set forth in Section B.1., above. A recall notice will be considered received on the date it was sent unless the flight attendant can show that delivery was delayed, (e.g. USPS does not operate due to natural disaster. 4. A flight attendant on furlough status may bypass recall without forfeiting her/his seniority rights provided there is a furloughed flight attendant junior to her/him on the seniority list. If a furloughed flight attendant bypasses recall, such flight attendant will not be eligible to return to duty until the next recall order is issued. However, a flight attendant on furlough status who elects to bypass may return (in seniority order) only as vacancies occur (i.e., no displacement/bumping is permitted). 5. A flight attendant on furlough status who accepts recall will not be required to report sooner than twenty-one (21) days from the date of receipt of the recall notice. The laid off employee recall notice may specify a return date exceeding twenty-one (21) days. By mutual agreement with the most State Company, a flight attendant may elect to return to duty sooner than the date specified in the recall notice. 6. If an insufficient number of flight attendants accept recall, a mandatory recall will be made in reverse system-wide seniority order. The Company will notify the furloughed flight attendant that she/he must either accept the mandatory recall or she/he will be removed from the same, similar or related classification series for whom seniority list. A flight attendant will have up to fourteen (14) days from the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoffreceipt of the mandatory recall notice in which to return to active duty. 7. An employee shall be recalled A flight attendant on furlough status will retain her/his seniority under this Agreement until: a. The flight attendant fails to respond to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification notice of recall shall within the time limit(s) set forth in this Section; b. The flight attendant has not been recalled from furlough within two (2) years from the date of furlough notice; or c. The flight attendant has declined or failed to respond to a mandatory recall. A flight attendant falling under Sections C.7.a. – b., above will have her/his name removed permanently from the seniority list and will not be by certified mail entitled to recall. 8. A flight attendant on furlough status who is recalled from furlough can use her/his seniority to bid on available vacancies. 9. Each furloughed flight attendant must file her/his correct mailing address and telephone or cellular phone number in writing with the employee’s last known Company and will promptly advise the Company in writing of any subsequent change of address or hand delivered telephone/cell number. This is the address to which any recall notification will be sent. If the employee with proof of receipt. Employees shall maintain flight attendant’s address is a current PO Box, the flight attendant must also have a physical address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined Company in Appendix J. If the employee fails order to notify the Agency of his/her intent receive notices pursuant to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)this Section.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined Any additional employment by the Agency District following the layoff will be first offered to fill those previously laid-off in the order of seniority of those on layoff status, should they still wish to resume employment in the Madison Metropolitan School District provided they hold proper certification for the position. When teachers with the same seniority are laid off as referenced in Section IV-O-4-c, recall shall then be in the reverse order. A laid-off teacher shall be entitled to recall for a vacancy period of three (3) years from the date of the notification of layoff, unless said teacher thereafter affirmatively notifies the District annually by May 1 that he/she wishes to remain on the recall list. 1) An academic "overload" assignment must first be offered, on the basis of seniority, to those teachers on layoff who hold certification appropriate to teach classes contractually provided for as "overloads". The acceptance of such a position, if less than full-time will not negate the individual's right to recall to a full-time position. Overloads as a result of study hall assignment will not be offered to persons on layoff unless there are more than two (2) such study hall assignments (.40 FTE) in any high school. 2) The District shall have the option, based upon the needs of the District, to increase the percentage of contract of those currently employed under part-time contract or to assign teachers on layoff under such circumstances. 3) Of those teachers on layoff status, a full-time teacher may refuse any offer of employment as a teacher with the District at less than a full-time contract and still retain recall employees rights for future offers of employment. If a full-time teacher accepts an offer for a part-time position, said acceptance does not negate that individual's right to recall to subsequent full-time positions. A part-time teacher on layoff may refuse any offer of employment as a teacher with the District on a full-time contract basis and still retain recall rights for future offers of employment. However, a part-time teacher on layoff who refuses any offer of any part-time employment as a teacher with the District forfeits all recall rights for future offers of employment. A full-time teacher on layoff who refuses any offer of any full-time employment as a teacher with the District forfeits all recall rights for future offers of employment. However, a full-time teacher on layoff may refuse any offer of employment for teaching positions in certification areas in which he/she has not taught during the last three years and still retain, via this Recall Procedure, rights for future offers of employment. Any summer school/night school position occupied by a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with teacher shall not in any way affect that teacher's right to recall under Section IV-O(4) of the most State seniority from Teachers' Collective Bargaining Agreement. 4) Teachers who get recalled to positions which were formerly held by teachers on sabbatical leave or medical leave of absence will be placed in the same, similar or related classification series surplus pool for whom reassignment pursuant to the terms of this Section IV-O should the teacher on such a leave return to teaching after the expiration of his/her leave. Should the teacher temporarily vacating the position does not constitute a promotion as defined in Article 17, and who prior return to his/her layoffformer assignment, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed teacher reemployed from the recall and reemployment layoff list if recalled to his/her original classification and appointment category (type). Except who fills such assignment shall continue in that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)assignment.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it 1. A teacher who is determined by laid off will remain eligible for recall for twenty-seven (27) months from the Agency last date of work for the District prior to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure layoff. No new teachers shall be adhered to: The laid hired to any position until all laid-off employee with the most State seniority from the same, similar or related classification series employees who are licensed for whom the position does not constitute a promotion as defined in Article 17have been given an opportunity to accept the position. 2. Subject to the provisions of B.3. above, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, laid-off teachers shall be recalled first in reverse order of lay-off, provided they are properly licensed for the vacant positions. 3. The District shall notify laid-off employees of a position opening by registered letter, return receipt request, at their last-known address. Laid-off teachers shall have seven (see Appendix I)7) workdays from receipt of such notification in which to indicate their acceptance or rejection of the position and an additional ten (10) days thereafter in which to begin active employment unless otherwise mutually agreed upon. All employees Recalled teachers who are laid off have accepted employment with an employer who requires advance notice of resignation shall have up to sixty (60) calendar days within which to report to work for the District after being recalled, if not released immediately by their current District. 4. Teachers who cannot be reached at their last-known address or displaced out of their classification who reject any position offered shall forfeit all re-employment rights. Teachers who wish to waive re-employment rights may do so by written notification to the District, which shall constitute resignation. However recall rights shall not be placed on the lost if a teacher rejects recall list by the effective date of their layoff. An employee shall be recalled to a position provided with less hours than the affected employee is qualified to perform the dutiespreviously held position. 5. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees Teachers returning from layoff shall have recall rights all previously accrued sick leave and seniority reinstated. 6. The District will provide teachers on layoff with paid single party medical insurance for a period of twenty-four three (243) months. Notification This coverage may be continued by the teacher after the three-month period for the balance of the recall shall be period provided the teacher pays the premium, subject to any restrictions established by certified mail the carrier. During the initial three-month period and throughout the layoff period, the teacher may elect to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of purchase, at his/her intent to report to work within seven (7) days own expense, group insurance for other family members, in accordance with any restrictions established by the carrier. Teachers who accept other employment which includes comparable insurance benefits shall not be eligible for extension of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)group insurance.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency The following shall apply only to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure laid off Employees who have elected this process. (a) Laid off Employees shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series eligible for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twentytwelve (12) months following their effective date of layoff. (b) The Municipality shall make every reasonable attempt to contact and recall laid off Employees in order of seniority, subject to their qualifications. It is the responsibility of the Employee to notify the Human Resources Department of any change of address and other contact information. (c) The Municipality shall specify the time when a laid off Employee shall return to work. A laid off Employee who has accepted the Municipality's recall but who does not report to work within forty-four eight (2448) months. Notification hours of recall or who refuses such a recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions treated as outlined in Appendix J. follows: (i) If the employee fails to notify the Agency of his/her intent failure to report to work within seven forty-eight (748) days of receipt hours of the notice of recall is the Employee’s first failure to report to work for a recall, he/she then the Employee shall forfeit recall rights. Likewisebe moved to the bottom of the eligibility list, however, if this is not the recalled employee does not actually return Employee’s first failure to work within thirty (30) daysreport following recall, i.e., there has been one previous failure to report on the Employee’s part, then the Employee shall no longer be eligible for recall rights and shall be forfeiteddeemed terminated. Any employee accepting or declining The Municipality may extend these time limits where extenuating circumstances exist. (ii) A. If a laid off Permanent Full-time Employee refuses a recall to Permanent Full-time employment, then the same, similar or related classification series Employee shall no longer be eligible for recall and the shall be deemed to be terminated. The same appointment category (type) from which the employee was also applies to a laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining Permanent Part-time Employee who refuses a recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)Permanent Part-time employment.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees Employees who are laid off or displaced out of their classification shall be placed on the a recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four two (242) monthsyears. Notification If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided that employees for whom paramedic certification is a requirement for the classification to which they are being recalled must maintain paramedic certification in order to be eligible for recall. Employees who are eligible for recall shall be given fourteen (14) calendar days’ notice of recall and notice of recall shall be by certified or registered mail with a copy to the Union, provided that the employee must notify the Fire Chief or the Chief’s designee of the employee’s last known address or hand delivered intention to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty three (303) days, recall rights business days after receiving notice of recall. The City shall be forfeited. Any employee accepting deemed to have fulfilled its obligations by mailing the recall notice by certified or declining recall registered mail to the samemailing address last provided by the employee, similar or related classification series it being the obligation and the same appointment category (type) from which responsibility of the employee was laid off to provide the Fire Chief or displaced the Chief’s designee with the latest mailing address. If an employee fails to respond in a timely manner to a recall notice, the employee’s name shall be removed from the recall and reemployment list if list. The City may require a recalled employee to his/her original classification and appointment category (type)pass a departmental physical and/or medical examination before returning to work. Except Upon recall, employees shall be returned to the same position on the current salary schedule that they were on as of the effective date of the layoff. Notwithstanding any other provision of this Agreement, any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed who has been bumped from the recall list for that appointment category (type)rank of lieutenant/paramedic to the rank of firefighter/paramedic pursuant to the provisions of this Section shall have the right to be reinstated to the rank of lieutenant/paramedic before any other employee is promoted to the rank of lieutenant/paramedic.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid laid-off employee with the most State state seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid laid-off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s 's last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid laid-off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid laid-off or displaced shall be removed from the recall list for that appointment category (type).

Appears in 4 contracts

Samples: Joint Contract, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency 1. If, subsequent to fill a RIF notice, a vacancy or to recall employees occurs in a classification where the discipline from which teachers have been reduced and elected layoff occurredstatus, the following procedure a recall notice shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by sent via certified mail to the employee’s last known address or hand delivered to teacher most recently reduced from the employee with proof of receiptdiscipline in which the vacancy exists. Employees shall maintain If a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee teacher fails to notify the Agency Superintendent within fourteen (14) calendar days of the issuance of a recall notice of his/her intent to report accept recall, said teacher shall forfeit all rights and benefits provided for in this Agreement. A teacher who accepts recall must commence work on the date set forth in the recall notice or within twenty-one (21) calendar days, whichever is later. A teacher who accepts recall shall have all benefits accrued up to work within seven (7) days of receipt June 30th of the school year in which the RIF notice was given restored upon recall. Teachers with recall benefits are required to keep the Superintendent informed of recalltheir current mailing address. 2. Teachers who have accepted layoff status shall, heduring the recall period, be sent copies of all notifications of vacancies issued pursuant to Article X of this Agreement. If a teacher with recall benefits is hired for a vacancy outside of the discipline from which h/she was reduced, h/she shall forfeit have all rights and benefits accrued up to June 30th of the school year in which the RIF notice was given restored upon recall. During the recall rights. Likewiseperiod, if the recalled employee does not actually return to work within thirty (30) days, recall rights teachers shall be forfeitedentitled to participate in any group health and/or life insurance programs available to any teacher on leave of absence without pay, provided the teacher pay the entire cost of insurance premiums within 30 days of the billing date as issued by the Town Treasurer. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced The professional status of a teacher who has been recalled shall be removed from the recall and reemployment list if recalled determined in accordance with applicable law. 3. A teacher on leave of absence pursuant to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced Article VII shall be removed from the recall list considered as if she/he were on active duty for that appointment category (type)purposes of this Article.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it A. If within twenty-seven (27) months of a layoff, a vacancy occurs within the District for which a laid off member is determined licensed, the recall procedure outlined in this Article will be followed. B. At the time of the layoff, the District shall provide for laid off members to express in writing a desire to return to the District. The District shall also receive the member's address for recall notification. 1. In the event of a recall, the District shall notify the member who has expressed a desire to return to the District of the recall by certified mail, return receipt, sent to the last address given by the Agency member to fill the District office. 2. The member will have 20 calendar days from the date of mailing to notify the District of intent to return. The member must thereafter report on the starting date specified by the District providing that this will not be less than 20 days from the date of the notice of recall was received, or the member will lose all recall rights. 3. Notwithstanding the above paragraph, a vacancy or recalled member will have up to recall employees in 60 calendar days to return to District employment if that recalled member is, at the time of the recall, employed by another school district and is required to give 60 days' notice of intended resignation at that other school district If such a classification where recalled member is released from the layoff occurred, the following procedure shall be adhered to: The laid off employee employment contract with the most State seniority other school district, then such recalled member must return immediately to District employment. 4. Failure of the recalled teacher to respond within the time specified in this section will be deemed to have resigned from District employment. C. All benefits to which a member was entitled at the sametime of the layoff, similar or related classification series for whom including unused accumulated sick leave, will be restored to the position does not constitute a promotion as defined in Article 17member upon the member's return to active employment, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall member will be placed on the recall list by proper step of the effective date of their layoff. An employee shall be recalled to a salary schedule for the member's current position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail according to the employee’s last known address or hand delivered member's experience and education. A member will not receive increment credit for the time spent on layoff, nor will such time count toward fulfillment of time requirements for acquiring contract status. Employee benefits do not accrue during the time of layoff. D. In determining which member(s) to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to Board will utilize the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type).criteria set forth in Article

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it If, within twenty-seven (27) months of layoff, a vacancy occurs within the District for which a laid-off teacher is determined qualified, the recall procedure outlined below will be followed. 1. The District will institute a recall procedure which will insure that teachers be recalled in the inverse order of layoff, unless competence or merit is used. 2. At the time of layoff, the District shall provide for laid-off teachers to express in writing a desire to return to the District. The District shall also receive the teacher's address for recall notification. In the event of a recall, the District shall notify teachers who have expressed a desire to return to the District of the recall by certified mail, return receipt requested, sent to the last address given by the Agency teacher to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: District office. The laid off employee with the most State seniority teacher will have fifteen (15) calendar days from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails mailing to notify the Agency District of his/her intent to report to work within seven (7) days of receipt of the notice of recallreturn. The teacher must, he/she shall forfeit recall rights. Likewisethereafter, if the recalled employee does not actually return to work respond within thirty (30) daysdays from the date the recall notice was received or, recall rights if employed elsewhere, at a time mutually agreed upon by the District and the employee. Failure of the teacher to respond within the fifteen (15) calendar days herein specified shall terminate the teacher's employment as a voluntary resignation. 3. All benefits to which a teacher was entitled at the time of layoff, including unused accumulated sick leave, will be forfeited. Any employee accepting or declining recall restored to the sameteacher upon the teacher's return to active employment provided those benefits are still in effect, similar or related classification series and the same appointment category teacher will be placed on the proper step of the salary schedule for the teacher's current position according to the teacher's experience and education. 4. The District shall continue to pay insurance benefits on behalf of the teacher for a period of thirty (type30) from which days. Such coverage may be continued for the balance of the layoff provided the employee was laid off or displaced shall pays the premium and such practice is with the approval of the insurance carrier. 5. Teachers covered by this article will be removed from the given consideration for substitute teaching; such will not affect teacher recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)rights.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it (a) A Regular Employee who is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The displaced and laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification under this Agreement shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees and shall have recall rights the right for a period of twenty-four sixteen (2416) monthsmonths or his length of service whichever is less, from the date of his last being laid off to be recalled to work in accordance with this Article. (b) Notice of recall to an employee who has been laid off shall be made by registered mail to the last known address of the employee, with a copy to the Union office. Notification The employee must respond to such notice and be available to go to work within fifteen (15) days from the date the notice is mailed or such longer period as may be mutually agreed. An employee who is prevented from responding to a recall notice because of illness or other reason beyond the employee’s control, or who declines recall to a lower position, may be bypassed for the position available, but such employee shall not lose seniority and recall rights thereby. Where more than one (1) employee is on the recall list in similar classifications, recall shall be by certified mail made in order of seniority. The Employer has the right to request medical evidence with respect to any illness or injury, which causes an employee not to respond to recall notice. A laid off employee must keep the employee’s last known address Employer informed of any change in address. (c) Employees on the recall list shall have first rights to any vacancy in their former job classification or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from for which the employee was laid off or displaced shall be removed is qualified, and the Employer will not hire for, nor transfer, nor promote to such a classification while an employee is available from the recall and reemployment list. (d) Employees who have been bumped will be returned to their former positions on the same basis as employees on the recall list if recalled subject to his/her original classification and appointment category (type)the seniority provisions of the list. Except that any An employee declining who accepts recall to a different appointment category (type) lower position than that from which he/she was laid off or displaced shall formerly held will be removed from considered bumped for purposes of the recall list for that appointment category (type)operation of this Section.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall. When it is determined A. In the event the work force covered by the Agency to fill terms of this Agreement is increased following a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, employees shall be recalled first (see Appendix I)in the order and manner outlined below, subject to the applicable provisions of Article XV, Leaves of Absence. 1. All First, employees who are exercised their seniority within their classification by accepting another position equal to or lower than the position from which they were laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to the position they held at the time of layoff on the basis of seniority accrued within the classification, with the highest seniority employee being recalled first. 2. Second, employees shall be recalled to the classification from which they were laid off in reverse order of the layoff, with the highest seniority employee being recalled first. This provision applies to employees who were laid-off from the classification and to employees who were likewise laid off from the classification, but who exercised their accrued seniority to secure a position in another classification in which they had previously worked. 3. Employees being recalled in accordance with the provisions of Section 2 above shall be eligible for positions that are lower than or equal to the position from which they were laid off based upon comparative wage rates, provided that they are qualified to assume the position that differs from the one they held at the time of layoff. B. In the event of a recall, the Board shall provide a written notice of recall to the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary periodemployee(s) by personal delivery, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by registered or certified mail to the employee’s last known address or hand delivered mail, sent to the employee with proof at his/her last known address. It is the responsibility of receipt. Employees shall maintain a the employee to keep the Board advised of his/her current address on file with address, and of any changes in his/her address. C. In the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the event an employee fails to notify the Agency of report his/her intent to return to work within five (5) working days following the date of delivery of a written notice of recall, the employee shall be considered a quit. Further, in the event an employee fails to report to work within seven ten (710 ) working days of receipt of after the notice of recall, hedate the employee reported his/she shall forfeit recall rights. Likewise, if the recalled employee does not actually her intent to return to work within thirty (30) dayswork, recall rights the employee shall be forfeited. Any considered a quit. D. An employee accepting or declining shall remain eligible for recall to for a maximum period of three (3) years from the same, similar or related classification series and the same appointment category (type) from which date the employee was laid off or displaced off. No employee shall be removed from the have a right to recall and reemployment list if recalled to for a period of time exceeding his/her original accumulated seniority at the time of layoff. E. If bus monitors are recalled following a layoff, they shall be recalled to their classification and appointment category (type)in reverse order of the layoff, with the highest seniority employee being recalled first. Except that any employee declining Laid- off bus monitors shall not be eligible for recall to a different appointment category (type) than that positions in other classifications, nor shall laid-off employees from which he/she was laid off or displaced shall other classifications be removed from eligible for recall to the recall list for that appointment category (type)bus monitor classification.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by 1. The Employee displaced or laid-off will be recalled to vacancies for which the Agency to fill a vacancy employee meets the qualifications in the job description in reverse order of the lay off. An Employee displaced or to recall employees in a classification where laid-off through the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute maintained on a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twentyfive (5) consecutive years from date of being displaced or laid-four (24) months. Notification of recall off and shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined recalled in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt reverse order of the notice of recall, he/she shall forfeit recall rightslay-off. 2. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting If a displaced or declining laid-off Employee refuses recall to a position that is less hours/pay grade than the same, similar or related classification series and the same appointment category (type) position from which the employee Employee was laid off displaced or displaced shall be removed from laid-off, then the Employee will remain on the recall and reemployment list if recalled to his/her original classification and appointment category (type)list. 3. Except that any employee declining If a displaced Employee refuses recall to a different appointment category (type) than position for which the Employee meets the qualifications of the job description that is at the same hours/pay grade as the position from which he/she the Employee was laid off or displaced shall displaced, then the Employee will be removed from the recall list and remain in the current job classification. 4. If a laid-off Employee refuses recall to a position for which the Employee meets the qualifications of the job description with the same hours/pay grade, that appointment category Employee will be considered as having resigned employment with the school district. 5. Bargaining unit positions shall be posted that remain unfilled after all the assignments and reassignments are made. 6. If an Employee on recall bids for and is awarded a posted vacancy as a permanent position, the Employee will be removed from the recall list. 7. Notice of recall to a laid-off Employee shall be sent to the Employee at the Employee’s last known address on file with the district by express mail. The laid-off Employee who is recalled is to confirm with the Human Resources department in writing no later than five (type)5) business days prior to the return to work date of the Employee’s intention to return. If an Employee fails to confirm the Employee’s return in writing and report for work on the date indicated in the notice, the Employee shall be considered as having resigned employment.

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Recall. When it is determined 1. At the point that the Company determines more active duty Flight Attendants are necessary, involuntarily furloughed Flight Attendants and Flight Attendants without a specific return date will be recalled in seniority order to the Base(s) where vacancies exist. Where a recall involves positions at more than one Base, a Flight Attendant may use her/his System Seniority to select the Base to which they will return. 2. An electronic recall notice shall be sent to each Flight Attendant entitled to recall by a form of delivery that provides a notice of delivery to the last address provided by the Agency Flight Attendant in addition to fill certified mail, return receipt requested. The notice of recall shall specify the Base(s) where a vacancy or to recall employees in a classification where Position is available and the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period recall which shall be completedno sooner than fourteen (14) days after the notice is sent. Employees shall have recall rights for a period A furloughed flight attendant failing to notify the Company of twenty-four her/his intention to return within ten (2410) months. Notification calendar days after delivery of the notice of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current email address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee Company or who fails to notify return on the Agency date specified in the recall notice, will be considered to have declined recall and resigned from the employment of histhe Company. It is the Flight Attendant's responsibility to keep the Company informed of her/her intent his correct residential address, telephone number and email address. In the event the Company has addressed and directed the notice to report the last address on file with the Company and the Flight Attendant fails to work acknowledge receipt or otherwise respond to the recall notice within seven twenty-one (721) days of receipt the sending of the notice notice, the Flight Attendant will be deemed to have declined recall and resigned from the employment of recallthe Company. 3. A furloughed Flight Attendant who wishes to remain on furlough status may request to defer recall within seventy-two hours (72:00) from the time the notification is delivered to the Flight Attendant’s email address. Deferrals from furlough will be granted in order of system seniority. Deferrals will be denied in the event there are insufficient junior Flight Attendants available for recall to fill all vacancies. 4. A Flight Attendant, he/she shall forfeit recall rights. Likewise, if the who is recalled employee does not actually and is unable to return to work within thirty (30) daysactive duty due to a medical reason, recall rights may apply for medical leave. If the Flight Attendant was on a medical leave prior to the furlough, the time spent on medical leave at the time of the furlough shall be forfeitedconsidered as time towards the maximum amount of medical leave. Any employee accepting or declining recall Medical certifications and proper documentation for a medical leave are required. All medical leaves of absence will be administered in accordance with the Agreement and applicable laws in effect at the time of request. 5. A Flight Attendant who is furloughed prior to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced completion of her/his probationary period shall be removed from required to remain on probation until completion of the recall and reemployment list if recalled full probationary period after return to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)full-time active status.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a (a) An Employee on layoff shall be offered any regular vacancy or temporary vacancy in the Bargaining Unit which is to recall employees in a classification where be filled within twelve (12) months of the date of layoff occurredif the Employee has less than fifteen (15) years of seniority, eighteen (18) months if the following procedure Employee has greater than or equal to fifteen (15) years of seniority, and for which the Employee has the necessary skills, abilities and qualifications to perform the work. An Employee on layoff shall be adhered to: The recalled in order of service seniority. Temporary Employees shall be recalled after regular Employees. A laid off employee with regular Employee will have precedence over any other Employee for the most State vacancy. The order of seniority from the same, similar or related classification series for will be used between laid off Employees to determine to whom the position does not constitute a promotion as defined in Article 17, and who prior vacancy is offered. (b) The Employer shall notify laid off Employees of such vacancies. It is the responsibility of the laid off Employee to ensure that the Employer is duly notified of his/her current address and telephone number. (c) An Employee shall not accumulate seniority while on layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first . (see Appendix I). All employees who are d) A laid off Employee who has received notice or displaced out pay in lieu of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be notice and is recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-three (3) months or less or for Short Term Disability relief of up to four (244) months. Notification , shall not be entitled to receive notice or pay in lieu of recall notice if laid off again within this period. (e) A laid off Employee(s) who has received notice or pay in lieu of notice and is recalled and works for a period in excess of the periods defined in (d) above shall be by certified mail entitled to the employee’s last known address receive notice or hand delivered to the employee pay in lieu of notice in accordance with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)Article 12.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall. When it 1. For purposes of this section a “vacancy” is determined by a position that remains open after the Agency posting and bidding process has been exhausted. 2. In the event a job vacancy exists in a job classification from which employees on the layoff list have been laid off, the most senior such employee shall be offered the position. Such employee may refuse recall to fill the classification with no penalty; however, if such employee refuses a recall to his former bid in the classification, the employee will be considered to have voluntarily quit. The vacancy or to recall will not be posted for bids until all employees in the job classification who are on the layoff list have been given the opportunity for recall. 3. In the event a job vacancy exists in an open classification, the most senior employee on the layoff list shall be offered the position. If the vacancy is not in the classification from which the senior employee was laid off (layoff classification), the employee may refuse recall. The vacancy will not be posted for bids until all employees in the job classification who are on the layoff list have been given the opportunity for recall. 4. An employee who has bumped into a classification where the other than his layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed listed on the layoff list and shall retain the right to be recalled to his layoff classification. When an employee’s former job bid becomes vacant, the employee will be returned unless he has since bid to another position. 5. Employees shall retain the right to recall list by for two (2) years following the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. 6. Employees shall have recall rights for a period of twenty-four (24) months. Notification be notified of recall shall be by certified mailing a notice by registered mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the AgencyBoard. Recall rights shall be within An employee must reply to the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work notice within seven (7) calendar days of receipt of the date the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)is mailed.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. 17.10.1 An employee shall only be recalled eligible for recall to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) job classification from which the employee was laid off laid-off. 17.10.2 It is the employee’s responsibility to keep the Employer current of any and all contact information (including postal address and e-mail address and personal telephone numbers (home land line and cellular phone)) during the one-year period of having recall rights. The Employer will attempt to contact the employee by U.S. mail and e-mail if the employee has recall rights to a particular open position in the job classification from which the employee was laid-off. The Employer will promptly send courtesy copies of such communications to the Union. The Employer may contact the employee at their telephone number(s) in order to ensure and/or verify that the employee is receiving the written notification. 17.10.3 The Employer is not responsible for recalling an employee as otherwise required by this Section 17.10 if the employee is not reached after two attempts to contact the employee by U.S. mail and e-mail, using the postal address and e-mail address furnished by the employee. If the employee is not reached through these two attempts, or displaced the employee does not give an answer by close of business the next business day after being reached, the employee’s recall rights shall terminate, and the employee’s name shall be removed from the recall list. It is understood and reemployment agreed that no less than five (5) business days will pass from when the Employer mails/e-mails the second notice to the employee until the employee’s removal from the recall list if recalled as the result of failing to hisrespond or give an answer. The Employer shall not mail/her original classification and appointment category (type). Except that any e-mail the second notice on the same day as the first. 17.10.4 If the employee declining is offered recall to a different appointment category (type) than that from which he/she was laid off position at or displaced above the employee’s FTE status at the time of the employee’s layoff and declines the offer, the employee’s recall rights shall terminate, and the employee’s name shall be removed from the recall list. If the employee is offered recall to a position below the employee’s FTE status at the time of the employee’s layoff, the employee may decline the position and remain on the recall list. Such election shall not extend or otherwise affect the date on which the employee’s recall rights are set to expire (i.e., the date on which that employee’s name is scheduled to be removed from the recall list for that appointment category (typethe upon the completion of one year from the date of layoff). 17.10.5 An employee who accepts recall has thereby exercised their recall rights, and that employee’s name shall be removed from the recall list. 17.10.6 An employee currently on layoff (for less than one year) may apply for an open position in another job classification covered by this Agreement, in which case the terms of Section 17.1 shall apply. At the time of layoff, Human Resources shall advise the employee how to locate and apply-for open positions in other bargaining unit job classifications while the employee is on layoff status. An employee who accepts an open CentraCare position (whether inside or outside the bargaining unit) shall no longer have recall rights, and the employee’s name shall be removed from the recall list. 17.10.7 Except for Section 17.10.3, all other provisions in Section 17.10 shall apply to an employee who obtains a lower FTE position through exercising the employee’s bumping rights pursuant to Section 17.8.2 (Option 1 or Option 2), even though such an employee has not been placed on layoff status. In such instances, the recall rights only apply to a position in the job classification held by the employee, and the references to the time of the layoff shall be interpreted to mean the effective date on which the employee began working in the lower-FTE position. With regard to Section 17.10.3, so long as the employee is on active status, the employee is required to give an answer by close of business the next business day or else forfeit recall rights and be removed from the recall list.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure An employee who has been laid off shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior entitled to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four eighteen (2418) monthsmonths from the effective date of his/her layoff. Notification of If a vacancy occurs in a position, employees on the recall list shall be by certified mail to notified of such vacancies at the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current 's address on file with the AgencyHuman Resource Department. Recall rights shall The vacancy will be within filled, in accordance with seniority, among current employees and those on the Agency and within recall jurisdictions as outlined in Appendix J. list. If employees on the employee fails recall list elect not to notify the Agency of his/her intent accept an offer to report return to work in the former or a comparable position or fail to respond within seven (7) consecutive days of receipt of the notice offer of recall, he/she they shall forfeit be considered to have terminated or abandoned their right to re-employment and relinquished all recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from If employees on the recall list elect not to accept an offer of a non-comparable position, they may retain their recall rights for the balance of their recall period. As long as any employee remains on the recall list, the Employer shall not newly employ by hiring persons into the bargaining unit until all qualified employees holding recall rights have been offered recall, as above, to any vacant positions for which they are qualified. It shall be the responsibility of the affected employee to provide the Employer with their current mailing address and telephone number. A copy of the recall list shall be provided to the Association, upon request. A person on the recall list who is re-employed in a regular position with the Employer shall serve a probationary period only for the period of probation remaining unserved at the time of the layoff. There shall be no probationary requirement for persons returning to their former position if the initial probationary period has been completed. Employees shall not lose seniority as a result of layoff for a period of up to eighteen (18) months; provided, however, that appointment category (type)no seniority shall be accrued during the period of layoff, or during the time of temporary employment.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency Any licensed staff whose active employment has been terminated pursuant to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, Section 2 and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall Section 3 above will have recall rights as follows: (a) If the Board has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the positions thereby becoming available will be tendered to the licensed staff who were in Group 4 and then in Group 3 and who are qualified to hold such position, based upon legal qualifications and any other qualifications established in a District job description on or before May 10th prior to the date of the position becoming available. (b) If the Board has any vacancies within the period from the beginning of twenty-four the following school term through February 1 of the following school term, the positions thereby becoming available will be tendered to licensed staff who were in Group 2 due to one “needs improvement” rating on either of the last two performance evaluation ratings, provided that if two ratings are available the other performance evaluation rating used for grouping purposes is satisfactory, proficient or excellent, and are qualified to hold the positions based upon legal qualifications and any other qualification established in a District job description on or before May 10th prior to the date of the position becoming available. (24c) monthsLicensed staff from Group 4 will be eligible for recall in reverse order of termination. Notification Then, licensed staff from Group 3 will be eligible for recall in reverse order of termination. Then qualifying licensed staff from Group 2 will be eligible for recall shall be in reverse order of termination. (d) All licensed staff terminated in a reduction in force are responsible for keeping the Superintendent's office informed of their current contact information. (e) If a decision is made to recall licensed staff, the affected licensed staff will have ten (10) business days to respond, with the timeline beginning on the date the notification was sent by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee licensed staff. (f) Any licensed staff who fails to notify the Agency of his/her intent respond to report to work within seven (7) days of receipt of the a position by a proper notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall will be removed from the recall and reemployment list if recalled list. (g) Recalled licensed staff will be reinstated with no loss of seniority, tenure rights, accumulated sick leave, or salary schedule position. (h) This section is intended to his/her original classification and appointment category be consistent with existing School Code provisions relating to recall procedures. In the event of amendments to (type). Except that any employee declining recall to a different appointment category (typeor conflicts with) than that from which he/she was laid off or displaced the relevant School Code provisions, this section shall be removed from superseded and the recall list for that appointment category (type)School Code provisions shall control.

Appears in 3 contracts

Samples: Professional Agreement, Professional Agreement, Professional Agreement

Recall. When it (a) A regular Employee who is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The displaced and laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification under this Agreement shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees and shall have recall rights the right for a period of twenty-four two (242) monthsyears or his length of service, whichever is less, from the date of his last being laid off to be recalled to work in accordance with this Article. (b) Notice of recall to an employee who has been laid off shall be made by registered mail to the last known address of the employee, with a copy to the Union office. Notification The employee must respond to such notice and be available to go to work within fifteen (15) days from the date the notice is mailed or such longer period as may be mutually agreed. An employee who is prevented from responding to a recall notice because of illness or other reason beyond the employee’s control, or who declines recall to a lower position, may be bypassed for the position available, but such employee shall not lose seniority and recall rights thereby. Where more than one (1) employee is on the recall list in similar classifications, recall shall be by certified mail made in order of seniority. The Employer has the right to request medical evidence with respect to any illness or injury which causes an employee not to respond to recall notice. A laid off employee must keep the employee’s last known address Employer informed of any change in address. (c) Employees on the recall list shall have first rights to any vacancy in their former job classification or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from for which the employee was laid off or displaced shall be removed is qualified, and the Employer will not hire for, nor transfer, nor promote to such a classification while an eligible employee is available from the recall and reemployment list. (d) Employees who have been bumped will be returned to their former positions on the same basis as employees on the recall list if recalled subject to his/her original classification and appointment category (type)the seniority provisions of the list. Except that any An employee declining who accepts recall to a different appointment category (type) lower position than that from which he/she was laid off or displaced shall formerly held will be removed from considered bumped for purposes of the recall list for that appointment category (type)operation of this Section.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall. When it (a) A regular Employee who is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The displaced and laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification under this Agreement shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees and shall have recall rights the right for a period of twenty-four two (242) monthsyears or his length of service, whichever is less, from the date of his last being laid off to be recalled to work in accordance with this Article. (b) Notice of recall to an employee who has been laid off shall be made by registered mail to the last known address of the employee, with a copy to the Union office. Notification The employee must respond to such notice and be available to go to work within fifteen (15) days from the date the notice is mailed or such longer period as may be mutually agreed. An employee who is prevented from responding to a recall notice because of illness or other reason beyond the employee’s control, or who declines recall to a lower position, may be bypassed for the position available, but such employee shall not lose seniority and recall rights thereby. Where more than one (1) employee is on the recall list in similar classifications, recall shall be by certified mail made in order of seniority. The Employer has the right to request medical evidence with respect to any illness or injury which causes an employee not to respond to recall notice. A laid off employee must keep the employee’s last known address Employer informed of any change in address. (c) Employees on the recall list shall have first rights to any vacancy in their former job classification or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from for which the employee was laid off or displaced shall be removed is qualified, and the Employer will not hire for, nor transfer, nor promoted to such a classification while an eligible employee is available from the recall and reemployment list. (d) Employees who have been bumped will be returned to their former positions on the same basis as employees on the recall list if recalled subject to his/her original classification and appointment category (type)the seniority provisions of the list. Except that any An employee declining who accepts recall to a different appointment category (type) lower position than that from which he/she was laid off or displaced shall formerly held will be removed from considered bumped for purposes of the recall list for that appointment category (type)operation of this Section.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure Work Location and Statewide Recall Lists shall be adhered to: The laid maintained by seniority for each class/level. A laid-off employee with shall have the most State seniority from the sameright to have his/her name placed on Work Location and Statewide Recall Lists for his/her primary class/level and those secondary class(es) to which she/he will accept recall. To be placed on recall lists, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior an employee shall give written notice to his/her layoffAppointing Authority as soon as possible, held a classification which carried with it the same or higher pay range but within five (5) calendar days subsequent to being laid off, except as the vacancyprovided in Article 16, Section 4.D. (2). Recall from Work Location Recall Lists shall be recalled first (see Appendix I)in order of most seniority. All Non-exclusively represented employees who are may be laid off or displaced out of their classification but have prior status in a Bargaining Unit class/level shall not be placed on Bargaining Unit Work Location and/or Statewide Recall Lists/Cards in seniority order ahead of Bargaining Unit employees. During the period of layoff an employee shall have the right to have his/her name added to the Work Location Recall List for any work location that had not been previously designated by written notice to the Appointing Authority. The right to be recalled to the newly added work location shall not become effective until ten (10) calendar days after the written notice by the employee has been received by the Appointing Authority unless otherwise agreed by the parties. If there is an error in the administration of the system which leads to improper recall, such recall list shall be promptly corrected and the involved employee(s) made whole. Employees with recall rights shall be notified by the Employer within fifteen (15) weekdays from the date the decision is made to establish or close a work location. Within sixty (60) days of the effective date of their this Agreement, the Union and the Employer will work jointly in the development of an updated layoff information packet. The information will include explanations and appropriate forms for other options provided under this Agreement, such as annual and/or sick leave payoffs/freeze, insurance payments, recall cards, and change of address form(s). Subject to available supplies, it is intended that this packet of information be supplied to employees at the time they receive notice of layoff. An In the event the employee does not receive the packet at the time of notice for layoff, the Employer shall be recalled to a position provided forward the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail packet to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current mailing address on file with at the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)location.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency Employees on layoff or employees who bump to fill a vacancy or to recall employees avoid layoff shall be recalled in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion order: A. After posting as defined specified in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancyVII - Vacancies, shall be recalled first (see Appendix I). All employees who are laid off in order of greatest applicable classification seniority to any open position which becomes available in the classification to which they were assigned at the time of layoff or displaced out of their within the classification shall be placed on the recall list by the effective date of their from which they bumped to avoid layoff. An If an employee shall be on layoff is recalled to a said position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of rejects such recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to lose all of his/her original classification recall rights and appointment category (type)his/her continuous service shall be broken and employment relationship shall be severed. Except that any If an employee declining recall who bumps to a different appointment category (type) than that from which avoid layoff is recalled to said position and rejects such recall, he/she was shall lose his/her recall rights to the applicable specific classification until he/she is subsequently laid off off; however, such rejection shall not affect his/her rights enumerated in Section 7-B of this Article. B. After posting as specified in Article VII - Vacancies, employees on layoff who are unable to bump or displaced who choose not to bump in accordance with Sections 5 and/or 6 of this Article and employees who bump to avoid layoff, holding classification seniority in other job classification(s), shall be removed from recalled in order of greatest applicable classification seniority to any open position which becomes available in any of the applicable classification(s). If the employee is recalled to said position and rejects such recall, he/she shall lose his/her recall list for that appointment category (type)rights to the applicable specific job classification until he/she is subsequently laid off; however, such rejection shall not affect his/her rights enumerated in Section 7-A of this Article. C. After posting as specified in Article VII – Vacancies, employees on layoff shall be recalled in order of greatest unit seniority to any open position which becomes available within Custodial I classification. If an employee is recalled to a position and rejects the recall, he/she shall lose his/her recall rights to Custodial I classification until he/she is subsequently laid off. However, such rejection shall not affect his/her rights enumerated in Sections 7-A and B of this Article.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by Employees being recalled to the Agency plant after layoff will be recalled according to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17plant seniority, and who prior be returned as operational requirements necessitate, to his/her layoff, held their previous line of progression according to job seniority. a) The Company will supply the Union with a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All list of names of employees who are laid off to be recalled. b) Recall to work following layoff from the plant will be made by registered letter or displaced out telegram addressed to the last address of their classification the employee recorded with the Company. Employees expecting to be away from home during the layoff shall be placed on the recall list by the effective date arrange a method of their layoffcontact. An employee shall be being recalled must signify his intention to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty four (304) days, recall rights days after the notice has been sent out and shall be forfeited. Any employee accepting or declining recall return within a further three (3) days unless some other arrangement is made satisfactory to the sameCompany. Employees who have failed to respond to recall for a legitimate reason which can be substantiated if required will be deemed to have complied with recall. When layoff/recall above has been implemented, similar crews will be scheduled from those employees responding to recall prior to start up. Late returning employees will be slotted into crews as their seniority dictates when updated schedules can be made up. c) If a reduction in operation of known duration should occur in one or related classification series more departments and a layoff should result, the same appointment category (type) from which normal recall provisions may be waived provided all employees affected are notified by posting at least one week in advance of the employee was laid off shutdown, of the date of shutdown and start-up dates with their shift of recall. Areas not affected by the reduction in operations requiring scheduled xxxxxxx or displaced shall work required by the Company will be removed from subject to the recall and reemployment list layoff provisions of this Agreement. Employees affected in the above layoff will be recalled on their regular shift schedules as if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)layoff had not occurred.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall. When it is determined by 1. The Employee displaced or laid-off will be recalled to vacancies for which the Agency to fill a vacancy Employee meets the qualifications in the job description in reverse order of the lay off. An Employee displaced or to recall employees in a classification where laid-off through the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute maintained on a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days consecutive years from date of receipt being displaced or laid-off and shall be recalled in reverse order of the notice of recall, he/she shall forfeit recall rightslay-off. 2. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting If a displaced or declining laid-off Employee refuses recall to a position that is lesser in maximum possible annual base compensation than the same, similar or related classification series and the same appointment category (type) position from which the employee Employee was laid off displaced or displaced shall be removed from laid-off, then the Employee will remain on the recall and reemployment list if recalled to his/her original classification and appointment category (type)list. 3. Except that any employee declining If a displaced Employee refuses recall to a different appointment category (type) than position for which the Employee meets the qualifications of the job description that is at the same maximum possible annual base compensation rate as the position from which he/she the Employee was laid off or displaced shall displaced, then the Employee will be removed from the recall list and remain in the current job classification. 4. If a laid-off Employee refuses recall to a position for which the Employee meets the qualifications of the job description with the same maximum possible annual base compensation, that appointment category Employee will be considered as having resigned employment with the school district. 5. Recall will be based on maximum possible annual base compensation. The affected Employee will be placed on the salary schedule so that the Employee will be closest to the Employee’s maximum possible annual base compensation from which the Employee was eliminated/reduced/bumped or their current job classification. When recalled to the Employee’s job classification/pay grade from which they were laid off, they will be placed at the Step the Employee would have achieved had they remained in that job classification/pay grade. 6. Bargaining unit positions shall be posted that remain unfilled after all the assignments and reassignments are made. 7. If an Employee on recall bids for and is awarded a posted vacancy as a permanent position, the Employee will be removed from the recall list. 8. Notice of recall to a laid-off Employee shall be sent to the Employee at the Employee’s last known address on file with the district by express mail. The Laid-off Employee who is recalled is to confirm with the Human Resources Department in writing no later than five (type)5) business days prior to the return to work date of the Employee’s intention to return. If an Employee fails to confirm the Employee’s return in writing and report for work on the date indicated in the notice, the Employee shall be considered as having resigned employment.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee Employees shall be recalled to a position the location from which they were laid off on the basis of classification and status at that location with the most senior recalled first, provided the affected employee that Employee recalled is qualified to perform the dutiesavailable work. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of Such recall shall be by certified mail subject to the employeefollowing provisions. (a) Severance pay, where applicable, will be paid in accordance with the Employment Standards Act. Acceptance of such payment shall be considered a severance of the employment relationship. (b) Full time and regular part time Employees on layoff may notify the Employer, in writing, of their interest in accepting casual work and/or temporary recalls which may arise and for which they are qualified. (c) Laid off Employees are eligible, in order of seniority, for “temporary” recalls at the location from which they were laid off, of more than twelve (12) weeks and not longer than six (6) months and shall advise the Employer, in writing, as to whether they are interested in such recalls. Employees recalled for six (6) months or less shall not be entitled to further notice of layoff nor bumping rights. Furthermore, the time used to determine the Employee’s last known address entitlement for continuing in the benefits program, for recall, and for other purposes under the layoff or hand delivered seniority clauses shall be frozen during the period of temporary recall, and shall begin to accumulate again when the temporary recall ends. Employees temporarily recalled will be paid the percentage in lieu of benefits unless they had elected to maintain benefits while on layoff in which case the Employer shall pay the Employer portion of the premium cost during such temporary recall. Otherwise Employees temporarily recalled have all the rights of other recalled Employees. (d) If an Employee declines a temporary recall the Employer shall not be obliged to offer a temporary recall again during the balance of the temporary recall offered to the employee Employee. Acceptance of a temporary recall by a laid off Employee does not constitute a recall to work, and after the completion of the assignment, the Employee continues to be laid off in accordance with proof this Article. (e) Regular full time and regular part time Employees on layoff may elect to have access to shifts that would otherwise be offered on a casual basis. Such Employees will inform the Employer of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within their election seven (7) working days prior to the layoff becoming effective. The process of receipt offering shifts would be in accordance with the Employer’s process for offering casual shifts. Those Employees that elect to take shifts will be offered shifts before casual staff. The refusal of casual shifts would not affect their status as a laid off Employee. The time used to determine the notice of Employee’s entitlement for continuing in the benefits program, for recall, he/she shall forfeit recall rights. Likewise, if and for other purposes under the recalled employee does not actually return to work within thirty (30) days, recall rights shall layoff or seniority clauses would be forfeited. Any employee accepting or declining recall to unaffected during the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)periods of time worked.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall. The intent and primary objective of this recall procedure is to provide regular employees displaced by a layoff with priority rights to reinstatement to the former job title and location. Regular employees who are displaced by a layoff will have up to seventy-two (72) hours to preference in writing up to three job titles (which includes the employee's former job title and location if the employee desires the right to reinstatement) and/or job groups in or below the employee's job group and to identify those locations to which the employee will accept recall. A recall list shall then be established based upon such information and shall be provided to the Union in a timely manner. An employee who refuses to timely preference shall lose recall and employment rights. When it is determined by becomes necessary to increase the Agency to fill a vacancy or to recall number of employees in a classification where job title at a location, regular employees will first be recalled (by seniority) to the layoff occurredformer job title and location if preferenced. If necessary to fill the job(s), the following procedure job shall then be adhered to: The laid off offered to the next most senior employee (if qualified) on the list for that job title or job group at that location, and this process shall continue until the position(s) is/are filled. An employee who is on layoff (except for an employee who volunteered for layoff under Section 9.6.3 who shall only be subject to 9.2.5) and refuses recall shall lose recall and employment rights. An employee who is working in another job title, job group and/or location who refuses recall shall thereby lose any further recall rights. An employee's recall rights to the former job title and location shall also be lost if the employee did not preference it or an employee with recall rights successfully bids for any job vacancy posted under Section 9.4.1. Employer will mail, by certified mail with return receipt requested, notice of recall to the most State seniority from affected employee at the same, similar or related classification series for whom the position does not constitute a promotion as defined last address reflected in Article 17, and who prior to his/her layoff, held a classification which carried with it personnel file and the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall then be recalled subject to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)Section 9.2.5.

Appears in 3 contracts

Samples: Union Contract, Labor Contract, Union Contract

Recall. When it is determined by Recall shall be in effect for two full school years following layoff. Employees who have accepted a recall to another position shall still be entitled to vacancies in their previous position during this two year period. If the Agency to fill a vacancy or to recall employees Board has any vacancies in a classification where the layoff occurredcovered by this Agreement, the following procedure Board shall be adhered to: The laid off first offer those positions to any employee with who is honorably dismissed from that classification in reverse order of layoff from said classification, unless the most State seniority from “Date in Position” date is the same, similar or related classification series for whom in which case the position does not constitute “Date of Hire” will be used as the next criteria. If there is still a promotion as defined in Article 17shared “Date of Hire”, the administration has the right to determine the order of recall based on certification, qualifications, merit, ability, and relevant experience. This decision will be reviewed with the NBESS leadership before employees are notified of the recall. Recall to positions that employees have not previously held, but for which they are qualified, will be determined by district seniority (“Date of Hire”) of those honorably dismissed employees who have not been recalled when the vacancy occurs. If one or more of these employees have the same “Date of Hire”, the administration will have the right to determine the order of recall based on certification, qualifications, merit, ability, and relevant experience. This decision will be reviewed with the NBESS leadership before employees are notified of the recall. The “Date in Position” for an employee called back to any position/category that they are qualified for will be the same “Date in Position” that they had prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoffrecall. An employee shall be recalled who declines a recall to a position provided the affected employee is that they are qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall will be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)list.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, Employees shall be recalled first (see Appendix I)from layoff according to their seniority. All No new employees who are laid off or displaced out of their classification shall be placed hired until all employees on the recall list by the effective date of their layoff. An employee shall be recalled layoff status have had an opportunity to a position provided the affected employee is qualified return to perform the duties. Any employee recalled under work in accordance with this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completedarticle. Employees shall have recall rights to positions other than their original job including temporary jobs) in their former classification or in classifications they qualify for a period with pay equal to or less than the pay of twenty-four (24) monthstheir former classification. Notification of recall Employees recalled to positions other than their original job shall be by certified mail placed at the same pay step they held before layoff, whether the salary range is equal to or lower than their former range, and be subject to a four week trial period. If they fail the trial period, they shall be returned to the employee’s last known address or hand delivered to layoff list until the employee with proof original one-year layoff period expires. In no case, shall recalled employees go through a trial period for the job they occupied before layoff, nor will they be taken off of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for permanent jobs as a result of accepting work in a temporary position. Employees who have been on a layoff for more than one (1) year, or accept any recall from layoff at the same salary as the original job or resign after being recalled shall not be subject to recall. Employees who accept a position with lower pay than the job from which they were laid off, or who bump into a lower paying position, shall have one more recall opportunity within one year of the original layoff to be recalled to a position in a higher class, but not to a class with a higher salary than the one from which they were laid off. An employee laid off from a full-time position may decline recall to a part-time position and continue to be subject to recall. An employee laid off from a part-time position may decline recall to a position requiring more hours of work than before layoff and continue to be subject to recall. Otherwise, any employee who declines a recall from layoff shall not be subject to recall. In the event that appointment category (type)the substantial amounts of the duties of a laid-off employee are subsequently assigned to a newly created position, the laid-off employee shall be recalled to that position, if they meet minimum requirements of said position, regardless of the department or division the new position is assigned.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall a. The names of employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees regular status who are laid off or displaced out of their classification shall be placed on the a recall list by that shall be used to make appointments in the effective date of their layoff. classification from which they were laid off in preference to all other eligible lists. b. An employee shall who does not wish to be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail may submit written notification to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, Authority that he/she shall forfeit waives recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced The name of such person shall be removed from the recall list. c. When such a vacancy is to be filled, persons shall be offered appointments from a recall list as follows: (1) The person with greatest seniority on the recall list for the classification shall be offered an appointment. The offer of appointment shall be made by certified mail to the person's last address of record. (2) When a vacancy exists and reemployment list if recalled employees are to hisbe recalled, notice of the opening(s) shall be sent to the mailing address as shown on Authority Human Resources Department records unless a more recent address has been furnished in writing by the laid‐ off/her original demoted employee. To expedite recall, more than one employee may be notified of an opening. This recall notice shall be by certified mail, return receipt requested, and the employee shall have fourteen (14) calendar days to report to work from the date of receipt of the recall notice. If said employee fails to report to work within fourteen (14) calendar days, he/she will lose all recall rights. An employee who has been laid off shall be required to meet the qualifications of the classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced is recalled. (3) If the person offered the appointment is temporarily medically incapacitated, the appointment may be waived without affecting his/her position on the recall list. (4) The names of persons included on recall lists shall be removed from three (3) years after the recall list for that appointment category (type)effective date of layoff.

Appears in 3 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

Recall. When it is determined Any additional employment by the Agency District following the layoff will be first offered to fill those previously laid-off in the order of seniority of those on layoff status, should they still wish to resume employment in the Madison Metropolitan School District provided they hold proper certification for the position. When teachers with the same seniority are laid off as referenced in Section IV-O-4-c, recall shall then be in the reverse order. A laid-off teacher shall be entitled to recall for a vacancy period of three (3) years from the date of the notification of layoff, unless said teacher thereafter affirmatively notifies the District annually by May 1 that he/she wishes to remain on the recall list. 1) An academic "overload" assignment must first be offered, on the basis of seniority, to those teachers on layoff who hold certification appropriate to teach classes contractually provided for as "overloads". The acceptance of such a position, if less than full-time will not negate the individual's right to recall to a full-time position. Overloads as a result of study hall assignment will not be offered to persons on layoff unless there are more than two (2) such study hall assignments (.40 FTE) in any high school. 2) The District shall have the option, based upon the needs of the District, to increase the percentage of contract of those currently employed under part-time contract or to assign teachers on layoff under such circumstances. 3) Of those teachers on layoff status, a full-time teacher may refuse any offer of employment as a teacher with the District at less than a full-time contract and still retain recall employees rights for future offers of employment. If a full-time teacher accepts an offer for a part-time position, said acceptance does not negate that individual's right to recall to subsequent full-time positions. A part-time teacher on layoff may refuse any offer of employment as a teacher with the District on a full-time contract basis and still retain recall rights for future offers of employment. However, a part-time teacher on layoff who refuses any offer of any part-time employment as a teacher with the District forfeits all recall rights for future offers of employment. A full-time teacher on layoff who refuses any offer of any full-time employment as a teacher with the District forfeits all recall rights for future offers of employment. However, a full-time teacher on layoff may refuse any offer of employment for teaching positions in certification areas in which he/she has not taught during the last three years and still retain, via this Recall Procedure, rights for future offers of employment. Any summer school/night school position occupied by a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with teacher shall not in any way affect that teacher's right to recall under Section IV-O(4) of the most State seniority from Teachers' Collective Bargaining Agreement. 4) Teachers who get recalled to positions which were formerly held by teachers on sabbatical leave or medical leave of absence will be placed in the same, similar or related classification series surplus pool for whom reassignment should the teacher on such a leave return to teaching after the expiration of his/her leave. Should the teacher temporarily vacating the position does not constitute a promotion as defined in Article 17, and who prior return to his/her layoffformer assignment, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed teacher reemployed from the recall and reemployment layoff list if recalled to his/her original classification and appointment category (type). Except who fills such assignment shall continue in that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)assignment.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it A. Any employee terminated pursuant to this article shall have recall rights to any position which becomes vacant and for which he/she is determined by qualified for a period of one (1) calendar year and two (2) years after ten (10) cumulative years of service from the Agency to fill a vacancy or to recall employees in a classification where effective date of termination. B. In the layoff occurredevent of recall, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the salary schedule at the level he/she had attained at the time of termination, unless the position which the recalled teacher fills specifically pays a lesser compensation. C. No new employee shall be hired into the bargaining unit while any teacher qualified and certified to fill a vacancy possesses recall list by the rights and wishes to fill said vacancy. The effective date of their layoff. An employee shall such qualification and certification will be recalled to determined in accordance with subdivision D below. D. If a teaching position provided within the affected employee bargaining unit becomes open during such period and a teacher on the reappointment list is certified and qualified to perform hold that position, then the dutiesteacher will be notified in writing by registered mail, sent to the teacher's last address appearing on Committee records, prior to the anticipated date of reemployment. Any employee recalled under this Article shall not serve a new probationary period, except for teacher so notified must accept or reject any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period offer of twenty-four appointment in writing within six (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (76) days of after receipt of the notice of recallnotification and in no event later than eight (8) days after the notification is sent. If such teacher rejects any appointment offered or does not respond in writing within the eight-day period according to this procedure, the teacher's name will be removed from the possible reappointment list, and he/she shall forfeit all such recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights Teachers shall be forfeitedrecalled in their inverse order of termination, to positions for which they are certified and qualified, unless, in the judgment of the School Committee, compelling or specialized educational needs or skills are present which justify departure from inverse recall. Any employee accepting or declining recall Such qualification and certification referred to in this section will be determined as of the effective date of the teacher's separation, provided that any teacher who obtains additional qualification(s) and certification(s) during the one-year period set forth in subdivision A above will be offered appointment in this new area if: 1. The teacher submits satisfactory proof of new qualification(s) and certification(s) to the sameCommittee, similar or related classification series and 2. Every teacher who had certification and qualification for this position as of the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to effective date of his/her original classification and appointment category (type). Except that any employee declining recall separation has rejected or failed to a different appointment category (type) than that from respond to an offer of appointment. E. During the period in which he/she was laid off or displaced they are subject to recall, professional status teachers shall be removed from given preference on the recall substitute list for that appointment category (type)if they so request in writing.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. a. When it is determined a teacher covered by this Agreement has been placed on layoff in accordance with the Agency to fill provisions of this Article, said teacher shall be placed on a vacancy or to recall employees in list for a classification where period of 36 calendar months from the layoff occurredeffective date of the layoff. If not recalled during said period, the following procedure teacher shall be adhered to: terminated. b. During said layoff period, the teacher shall be considered to be on leave of absence without pay or increment. c. The laid off employee with teacher shall be entitled to membership in any group health or life insurance coverage in existence at the most State seniority from time of the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to effective date of his/her layoff, held a classification which carried with it provided, however, that the same or higher pay range as teacher pays the vacancyentire cost of said insurance in quarterly payments in advance of the premium due, and there shall be recalled first (see Appendix I). All employees no contribution by the Committee for such teacher's insurance. d. The teacher during the period of recall shall inform the Superintendent of his/her current mailing address and any other circumstances which could affect his/her recall status. e. In the event that the Committee determines to re-establish the eliminated positions, the teachers who have been placed on layoff status who are laid off or displaced out qualified for the available position and who are on recall status shall be notified by certified mail that such a position is available. The teachers so notified shall within 10 calendar days from the date of the receipt of the notice respond in writing by certified mail of their classification intention to return or not return to the school system. Upon expiration of said 10 days, if the Superintendent has not been notified by said teacher, or if the teacher has given notice of his/her intention not to return, then, in such event, said teacher shall terminate the leave of absence and the teacher shall be placed considered to have resigned from the school system. f. The reference to the "eliminated positions" above includes positions which become open as a result of resignation, retirement, termination or leave granted for the school year, which the Committee intends to fill. g. The Superintendent shall assign the most senior qualified teacher among those notified above in Paragraph (e) to the available position, provided said teacher has complied with the provisions of said section. h. Those teachers who have complied with Paragraph e above, and who have not been assigned in accordance with Paragraph f above shall continue in recall status. i. In the event of a layoff pursuant to this Article, no duties performed by members of the bargaining unit may be performed by persons not in the bargaining unit except to the degree consistent with the practices in effect on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)Agreement.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by Teachers on the Agency reduction in force list shall be returned to active employment to fill vacancies in reverse order of reduction for any position that becomes available for which they are or have become certified before any permanent teacher is hired. The teacher shall have two (2) workdays in which to notify the Board of the teacher’s acceptance of the offered employment. In the event that a vacancy reduction in force occurs pursuant to this provision which results in the reduction of five (5) or more members, and the Board decides to recall employees any of the members affected by this specific reduction in a classification where the layoff occurredforce, the following procedure then each member shall be adhered to: The laid off employee with returned to their original position, should they accept the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I)recall. All employees who are laid off or displaced out of their classification shall be Affected member includes any person placed on the recall list by virtue of the effective date specific reduction in force, any member reduced in force due to the exercise of their layoffdisplacement rights by a more senior member, or any person who exercised displacement rights and is still in the employ of the board. An employee In the event any vacancy becomes available, the Board shall recall the teacher to active employment status by giving written notice to the teacher. Said written notice shall be recalled sent to a position provided the affected employee is qualified teacher and the Association President by certified letter addressed to perform the dutiesteacher’s last known address. Any employee recalled under this Article It shall not serve a new probationary period, except for be the responsibility of each teacher to notify the Board of any employee change in address. A teacher who has been laid off who was serving an original shall remain on the reduction in force list until he or promotional probationary period which she is recalled or until he or she makes a written request to the Superintendent to be removed from the list. Teachers shall be completed. Employees shall have remain on the recall rights list for a period of twentytwo (2) years. If a teacher on the reduction in force list is offered a full-four (24) months. Notification of recall shall be by certified mail time vacant position for which he/she is qualified and refuses that position, then in that event, the Board’s obligation to the employeeteacher shall cease and the teacher’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file employment with the Agency. Recall rights Board shall be within the Agency terminate and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced name shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type)list. Except that any employee declining recall to a different appointment category (typeNothing in this section shall prevent the Board from exercising its right under Section 3319.11, Ohio Revised Code. Teachers whose contract(s) than that from which he/she was laid off or displaced are suspended shall be removed from given preference when substitute teachers are employed. The provisions of this Article are intended to supersede the recall list for that appointment category (type)conflicting provisions of Ohio Revised Code section 3319.17.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Recall. When it is determined by the Agency 11.01 Before hiring externally to fill a vacancy or to recall employees in a classification where the layoff occurredvacancy, the following procedure Board shall be adhered to: The laid off offer the vacancy to an employee, beginning with the most senior employee with the most State seniority from highest F.T.E., who has the same, similar or related classification series for whom ability to do the position does not constitute a promotion as defined in Article 17, work and who prior has suffered a loss of regularly scheduled hours due to his/her layoffa lay off. The employee, held however, must be afforded a classification which carried with it reasonable orientation and familiarization period for up to three (3) continuous months. 11.02 No new employee will be hired until all persons on lay off and having the same or higher pay range as ability to do the vacancy, work have been given an opportunity for recall. 11.03 Notice of recall to work shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list made by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified registered mail directed to the employee’s 's last known address of record. The employee may be contacted by telephone, fax or hand delivered to other reasonable manner and the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall recall will be within the Agency and within confirmed by registered mail. 11.04 All employees eligible for recall jurisdictions as outlined in Appendix J. If the employee fails are responsible to notify the Agency Board of his/her intent their address and telephone number. 11.05 An employee who accepts a permanent position through the recall procedures shall be reinstated as though there had been no interruption in service with full rights and benefits unless specifically modified by this agreement. 11.06 The employee notified of a recall must advise the Board of their intention to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty ten (3010) days, recall rights shall be forfeiteddays from date of mailing of such notification. Any The employee accepting or declining must return to work within a period of time satisfactory to both the employee and the Board. 11.07 An employee may refuse a recall to any of the same, similar or related classification series following positions and not lose seniority nor the same appointment category (type) right to exercise the employee‟s seniority for any subsequent job opening: • A temporary position • A position with a lower FTE than that of the position from which the employee was laid off or displaced • A position outside the job classification from which the employee was laid off • A position outside the employee‟s community. 11.08 An employee who has been recalled to a position different from the position from which the employee was laid off shall maintain the right for twenty-four (24) months to return to the former position if it becomes open. 11.09 Employees with recall rights, who are able to perform the duties of the position, shall be removed from called first for temporary employment beginning with the recall and reemployment list if most senior laid-off. 11.10 An employee who has been recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that community from which he/she the employee was laid off or displaced shall be removed from maintain the recall list right for that appointment category twenty-four (type)24) months to return to former community if a position becomes open.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall. When it is determined by the Agency A. Laid-off employees or employees who have bumped or who have been bumped will have recall rights for up to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority eighteen (18) months starting from the same, similar last day of work in the same salary grade or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who within two (2) salary grades held prior to his/her the initial layoff, held a classification which carried with it the same transfer, bump, or higher pay range as the vacancyreduction in hours, shall be recalled first (see Appendix I). All employees who provided they are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is immediately qualified to perform the dutiesrequired work. B. Whenever, in the judgment of the University, it is necessary to increase the work force in a department following a layoff, employees will be recalled in order of seniority, i.e., the most senior employee will be recalled first, provided that the recalled employee is immediately qualified to perform the required work. 1. Any employee recalled under this Article University-authorized new or vacant positions shall not serve a new probationary periodfirst be offered, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail in seniority order, to the employee’s last known address or hand delivered to the employee with proof most senior pre-layoff classification incumbent who, as a result of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of layoff, had exercised his/her intent seniority to report bump laterally within a salary grade or into a position in a lower salary grade. Recall or reinstatement will continue in order of layoff seniority. 2. Subject to work the eligibility provisions in Section 2.A.2. above, if a laid-off employee is offered recall to a vacancy in a lower grade level within seven (7) days of receipt 2 salary grades of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which grade the employee was laid off or displaced shall off, it is the employee's option to accept that position if the employee is immediately qualified. If the employee chooses to accept the lower level position, the employee will be removed from the recall list. 3. Employees may choose to remain on the recall list rather than accept recall to a non-comparable position (i.e., in terms of hours, grade and reemployment salary). An employee who is offered a position in her/his former job classification and who refuses the offer shall not be entitled to further recall rights. C. An employee has five (5) workdays from receipt by certified mail of a notice of recall to accept recall and return to work. The employee’s return to work will be agreed upon by the employee and the University subject to the operational needs of the department. D. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff. E. The University shall not hire new employees in bargaining unit positions as long as there are still eligible employees on the recall list if who are immediately qualified to perform the work in the affected job classification and are willing to be recalled to said classification. F. An employee who is recalled to his/her original classification and appointment category (type)former salary grade shall be compensated at his/her former salary plus any additional increase provided during the layoff period. Except that any An employee declining recall recalled to a different appointment category (type) than that from which he/she was laid off or displaced lower salary grade classification shall be removed paid at his/her former salary plus any additional increase provided during the layoff period, unless it is higher than the maximum of the lower salary grade range, in which event the maximum salary at the lower salary grade range will apply. If and when the provisions of this paragraph are implemented, the placement of an employee in a classification different from his or her previous classification will not establish a basis for any future salary inequity issues. G. Employees recalled into another SEIU bargaining unit position shall be required to serve a 60 day trial period. If during the trial period it is determined that an employee is not satisfactorily performing the work, this trial period shall be extended for as long as 30 additional days. The determination of whether or not the employee is performing the work in a satisfactory manner shall be determined by using benchmarks and objective criteria outlined upon placement that are based on the position description. Satisfactory performance will be at the discretion of the University but shall not be interpreted in an arbitrary or capricious manner. In the event the employee is not able to complete the trial period due to performance, the employee will maintain recall rights for eighteen (18) months from the original date of lay off. In the event the employee is not able to complete the trial period due to performance and the employee’s recall rights have exhausted while serving the trial period, the employee will be placed back on the recall list for that appointment category (type)the time period equal to the time period he/she served the trial period.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurredFor each classification, the following procedure shall be adhered to: The laid off employee with the most State seniority from the sameSuperintendent, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoffdesignee, held shall establish a recall list on which shall be set forth the names of employees in the affected classification which carried with it whose contracts have been suspended and the order of suspension. Employees whose continuing contracts have been suspended shall have the first right of restoration to continuing contract status in order of seniority in the district if and when positions in their classification become available. Other employees whose contracts have been suspended shall have recall rights to a position in the same or higher pay range as the vacancy, classification after all eligible continuing contract employees have been recalled. Recall rights for these employees shall be recalled first (see Appendix I)in accordance with district seniority in the classification in which a position becomes available. All Continuing and limited contracted employees who are laid off or displaced out of their classification shall be placed eligible to remain on the recall list for three (3) years. Without regard to the nature of the contract suspended, no employee eligible for recall shall have any right, by reason of a recall, greater than reinstatement of the effective date suspended contract. Employees who are recalled shall retain all previously accumulated seniority and sick leave, but time spent on suspension pursuant to this Article XI, shall not be calculated in determining seniority for any purpose. When a bargaining unit member has the opportunity to bump an employee with less district seniority in accordance with this Article, Section C., but chooses to be displaced into a lower classification in his/her current promotional chain or a classification not in his/her current promotional chain where the wage is less than another position that is available to him/her at the time of their layoffthe displacement, he/she shall waive his/her rights to be recalled to any job classification he/she bypassed in the bumping process. An employee This clause shall not limit or deny a bargaining unit member’s right to be recalled to a position provided that was not available to him/her at the affected time of the reduction in force. When the Board determines to initiate a recall, the employees to be recalled shall be sent notice by certified mail, return receipt requested, to the address on file, in which notice shall be set forth the date the employee is qualified expected to perform return to work. The limit of the duties. Any employee recalled under Board's responsibility in this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which regard shall be completedthe sending of the notice by return receipt requested. Employees shall have If, within ten (10) workdays of the postmarked date of the recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If letter, the employee fails to notify report an intention to accept the Agency of recall, in writing, to an offer made by the Board, Superintendent, or his/her intent to report to work within seven (7) days of receipt designee, the employee shall automatically be placed at the bottom of the notice of recallrecall list for a period not to exceed three (3) years. If an employee turns down a job offer, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid taken off or displaced shall be removed from the recall list. If an employee is offered a temporary position and reemployment list if recalled to accepts that temporary position or turns down the temporary job offer, that employee shall not lose his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from place on the recall list for that appointment category (type)list.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure a. Laid-off Employees shall be adhered to: The laid off employee recalled in order of seniority, with the most State seniority from the samesenior being recalled first, similar or related classification series to any position for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who they are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification qualified. b. Notices of recall shall be sent by certified or registered mail to the employee’s last known address or hand delivered as shown on the Employer's records. The recall notice shall state the time and date on which the Employee is to the employee with proof of receiptreport back to work. Employees shall maintain a current address on file with the Agency. Recall rights It shall be within the Agency Employee's responsibility to keep the Employer notified as to their current mailing address. c. A recalled Employee shall be given fifteen (15) calendar days from mailing of notice, excluding Saturday, Sunday and within recall jurisdictions as outlined in Appendix J. If the employee fails holidays, to notify the Agency Employer of his/her their intent to return to work. The Employer may fill the position on a temporary basis until the recalled Employee can report for work providing the Employee reports within the ten (10) day period, subject to any delays approved by the Employer. d. Employees recalled to full-time work within for which they are qualified are obligated to take said work. An Employee who declines recall to full-time work for which Employee is qualified shall be considered as having quit and forfeit their seniority rights. Employees on layoff shall accrue seniority during the period of such layoff. e. An Employee who is on lay-off shall maintain recall rights for same number of years that the Employee has been a member of the bargaining unit, provided, however, that in no event shall the Employee’s recall rights be less than two (2) years or more than seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed years from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)date of layoff.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. (a) When it a continuing employee on a seniority list is determined by the Agency laid off due to fill a vacancy lack of work or to recall employees in a classification where the layoff occurredsuspension of operations and does not otherwise voluntarily resign, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to retained on a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights list for a period equal to the employee's seniority, but not exceeding two (2) years. When an employee on a recall list accepts a term assignment the employee’s remaining recall period is put on hold for the duration of twenty-four the term assignment. Depletion of the employee’s remaining recall period will resume upon completion of the term assignment. (24b) months. While on a recall list the employee will retain the employee's seniority standing but will not be considered as an employee for the purpose of this Agreement. (c) A recall list shall be maintained where a layoff due to lack of work has occurred in the preceding two (2) years and recalls will be made from the list in order of seniority to any continuing job in an equal or lower paying job for which the employee meets the normal requirements for the position within a 30 working day familiarization period. (d) Notification of recall shall be sent by certified mail the most expeditious means possible, while requiring a signature as proof of receipt to the employee’s last known address or hand delivered to of the employee with proof of receiptconcerned. Employees shall maintain a current address on file with the Agency. Recall rights It shall be within the Agency responsibility of each laid-off person on a recall list to advise the HR Services Office of any change in address. An employee may decline a recall on one occasion, for a lower-paying job and within elect to remain on the recall jurisdictions as outlined in Appendix J. If list, but shall so inform the employee fails to notify the Agency of his/her intent to report to work Company within seven (7) working days. If the employee is recalled to a job of equal pay but does not report for work within ten (10) working days of receipt of the notice of after recall, he/she shall forfeit recall rights. Likewisewithout reasonable excuse, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeiteddeemed to have resigned. Any An employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining may accept a recall to a different appointment category lower-paying job without affecting his or her right to be recalled by seniority to a job of equal pay. (typee) than Individuals with recall rights will have first opportunity, in order of seniority, for casual and/or term work in equal or a lower wage rated classification provided that from which he/she was laid off they meet the normal requirements of the position. Acceptance or displaced shall be removed from the rejection of casual and/or term work assignments will have no impact on recall list for that appointment category (type)rights.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall In recalling employees in a classification where the layoff occurred(other than probationary employees) who have been laid off, the following procedure terms and conditions shall apply: (a) The employees must be qualified to perform the work made available to them; and (b) No new employees shall be adhered to: The hired following a lay-off until those employees who were laid off employee with have been given a reasonable opportunity of recall as follows: (i) the most State Employer shall make every reasonable attempt to contact the employees in order of their seniority from in the same, similar or related classification series for whom Bargaining Group and the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, employees shall be recalled first by the Employer in such order provided that they respond within forty-eight (see Appendix I). All employees 48) hours of the initial attempt of the Employer to contact them; (ii) upon making contact with an employee, the Employer shall specify the time when the employee shall report for work; (iii) an employee who are laid off does not respond within forty-eight (48) hours of the Employer's initial attempt to make contact, or displaced out of their classification who refuses to report for work shall be placed at the bottom of the list of employees eligible for recall under this clause notwithstanding the employee's seniority in the Bargaining Group; (iv) an employee notified to return to work shall report at the time and place specified by the Employer for so doing or, in extenuating circumstances, within such extended period of time not exceeding fourteen (14) days from the date of the initial attempt of the Employer to make contact as the Director of Human Resources may approve, which approval shall not be unreasonably withheld; (v) it shall be the responsibility of all employees who have been laid off and wish to be recalled by the Employer to keep the Director of Human Resources informed of their respective current addresses and telephone numbers. The Employer shall be considered to have fulfilled its obligations to recall an employee eligible for recall under this clause by attempting to contact the employee at the last known address on the Employer's records; (vi) an employee who is laid off and is eligible for recall under this clause shall remain on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period maximum of twenty-four six (246) months. Notification For the purposes of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt this clause "Bargaining Group" means those employees of the notice City of recall, he/she shall forfeit recall rights. Likewise, if Vancouver for whom the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to Union is the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)bargaining authority.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall (a) Laid off employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the a recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four two (242) monthsyears. (b) Recall to the job from which the employee was laid off, or one substantially derived from it shall be made on the basis of seniority, provided such position becomes available during the period stated in (a) above. Notification The job in such instance will not be posted. Such laid off regular employees shall also have the right to apply for all posted jobs, for the period stated in (a) above, and with the same preference they would have received if they had not been laid off. In any event they shall be considered for any vacancy which may arise in the Company provided the employees reaffirm their availability at three (3) month intervals with the Labour Relations Manager. (c) New employees will not be hired and job vacancies will not be posted until employees on the recall list who have previously filled the job, or employees who have not previously filled the job but who can qualify for the vacancy in accordance with the job selection provisions of Article 7.10 are recalled. (d) Should there not be an employee on the recall list eligible for recall under (c) above, the job vacancy shall be filled in accordance with the provisions of Article 7.09 and 7.10(d). Employees on the recall list shall have the right to apply to all posted jobs, and with the same preference they would have received if they had not been laid off. (e) Notice of recall shall will be sent by certified registered mail to the employee’s last known address or hand delivered of all employees on the recall list who are eligible for recall under Article 8.05(a). Such employees will have ten (10) calendar days from the date the letter is registered in which to respond and report to work, with employees being rehired in order of their seniority. An employee must respond to recall to a lower level job, but may decline such and remain on the recall list. An employee who fails to respond to any notice of recall will be deemed to be terminated. The notice of recall will clearly state this requirement. Copies of recall lists will be available to the Union upon request. Copies of all notices of recall will be sent to the Union Office. (i) In the event the laid off employee with proof of receipt. Employees shall maintain a current address on file with is not re-employed after the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If period expires, the employee will be terminated. An employee on layoff who fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining respond for recall to the same, similar or related classification series and the same appointment category (type) job from which the employee was laid off or displaced shall be have their name removed from the recall and reemployment list if recalled to his/her original classification and appointment category list. (type). Except that any employee declining recall to a different appointment category ii) Employees terminated under (typei) than that from which he/she was laid off or displaced shall above, will be removed from given preference in rehiring provided they qualify for the recall list for that appointment category (typevacancy in accordance with Article 7.10(d). (g) Employees on layoff will keep the Company informed of their current address for recall. Should an employee change address during the period of layoff, they will inform the Company of such change by registered mail.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure 14.1 Recalls for permanent Employees shall be adhered to: The laid off employee with in order of bargaining unit seniority provided the most State seniority from Employee being recalled has the same, similar or related classification series qualifications to perform the work available. 14.2 Recalls for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, temporary Employees shall be in order of seniority in the department provided the Employee being recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on has the recall list by qualifications to perform the effective date of their layoff. An employee shall be work available. 14.2.1 Temporary Employees being recalled to a relief assignment or temporary position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within greater than thirty (30) daysdays shall receive at least ten (10) days notice by telephone. If an Employee is unable to be contacted by telephone, the City shall send the notice of recall rights by registered mail. If an Employee does not return to work following ten (10) days from the date the registered letter was sent, the Employee shall be forfeiteddeemed to have resigned and forfeited all accumulated seniority. 14.2.2 If a temporary Employee is electing not to be available for any relief assignments or temporary positions for a specific period of time following a layoff, that Employee must request approval from his supervisor, in writing, for the period when he will be unavailable. Any employee accepting or declining recall Such requests shall not be unreasonably denied where there are qualified Employees available to perform the work. Where there are multiple requests and the City is unable to approve all requests, priority shall be given to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (typemost senior Employee(s). 14.2.3 Where a temporary Employee has indicated, in writing, he is unavailable; he shall waive his rights to be contacted for any relief assignment or temporary positions within the approved period but shall continue to retain his seniority. 14.2.4 Where a temporary Employee had initially indicated, in writing, that he would not be available for any relief assignment or temporary position for a specific period but later changes his decision; he shall inform his Supervisor of his availability in writing. The Employee shall only exercise accumulated seniority for relief assignments and temporary positions that become available after the notification of his availability.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall. When it An employee who is determined laid off will remain on the laid-off list and be eligible for recall for a period not to exceed twenty-seven (27) months. In the event an opening occurs in the same classification as the position held by a person at the Agency time of layoff, the person in layoff will be recalled to fill a vacancy or to recall employees that position. In the event an opening occurs in a different classification where from the layoff occurredposition held by a person at the time of layoff, the following procedure shall vacancy notice will be adhered to: The laid posted in-house and applications will be accepted from all current and laid-off staff members. In order to maintain this right to recall, an employee must register in person or by mail with the most State seniority from Superintendent or his designee upon change of address, telephone number and at least every six (6) months to signify his availability for recall. The District shall notify laid-off employees of a position opening by certified letter, with return receipt requested, to the same, similar or related classification series for whom last address listed with the District. Refusal of recall to a position not equal in hours and salary to the position does held prior to layoff shall not constitute a promotion as defined in Article 17, voluntary termination and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, employee shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed remain on the recall list by the effective date of their layofflist. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid Laid-off who was serving an original or promotional probationary period which shall be completed. Employees employees shall have recall rights for a period of twenty-four five (245) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) calendar days of from receipt of such notification as indicated on the notice return receipt in which to indicate their acceptance or rejection of recallthe position, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within and an additional thirty (30) days, recall calendar days there from in which to begin active employment. All reemployment rights shall be forfeitedforfeited if: 1. Any The employee accepting or declining recall cannot be located at the last known address which has been furnished the District; 2. The employee refuses a position equal in hours and salary to that held prior to layoff. 3. The employee fails to report to active employment within the time limits established herein. Employees who wish to waive reemployment rights may do so by written notification to the sameDistrict. Employees returning from layoff shall have all previously accrued sick leave and seniority reinstated, similar or related classification series and but shall not receive benefits for the same appointment category (type) from which period of layoff. A laid-off employee will be allowed to continue on the District insurance programs at the group rate, with the employee was laid off or displaced shall be removed from paying the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from premiums, for the recall list for that appointment category (type)maximum time allowed by the insurance carrier.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to Separate recall employees in a classification where the layoff occurred, the following procedure lists shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series established for whom the position does full and part-time employees. Part-time employees shall not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I)to full-time positions. All Full-time employees who are laid off or displaced out shall not be recalled to part-time positions, unless they provide written notification to the Fire Chief of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall willingness to be recalled to a position provided part- time position. However, full-time employees on layoff may accept part-time work on an interim basis while waiting for recall to a full-time position; the affected offer of such part-time work shall not constitute recall and shall not affect the employee’s recall rights. Laid off employees shall be eligible for recall for a maximum period of twelve (12) calendar months from the date of layoff. Seniority shall be maintained but shall not accrue during layoff. the employee is qualified and able to competently perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt duties of the notice of recall, he/she shall forfeit position upon recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting position is at an equivalent or declining recall to lower level than the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that position from which he/she was laid off or displaced employees will be recalled first to positions in their Division and second to positions in other Divisions within the Department An employee who refuses recall forfeits all seniority and recall rights and shall be removed terminated from employment. An employee who is not recalled within twelve (12) months from the date of layoff shall be terminated from employment. Notice of recall shall normally be made by telephone. If the Department is unable to contact the employee, notice of recall shall be delivered to the employee’s last known address, with a copy to the Union. If the employee fails to respond to notice of recall within seventy-two (72) hours of delivery, he/she shall be deemed to have refused recall. An employee who does not report for work within two (2) calendar weeks of acceptance of recall shall be deemed to have abandoned his/her position and shall forfeit all seniority and recall rights and shall be terminated from employment. It is the responsibility of the employee on recall to keep the Department informed of a current address and telephone number where the employee may be contacted directly. An employee who is recalled to a position other than the position from which he/she was laid off shall be on a six (6) month trial period. If the employee proves unsatisfactory during the trial period or is unable to perform the duties of the position, he/she shall be returned to the recall list for the balance of his/her recall period. The recall rights of an employee, who is recalled and successfully completes the trial period, if applicable, are exhausted insofar as that appointment category (type)layoff. This shall not affect the employee’s rights during any other subsequent period of layoff.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall. When it is determined by the Agency Employees who have been laid off shall be re-employed in seniority order from most senior to least senior. Employees whose positions have been eliminated through layoff or otherwise, shall be called first to fill a vacancy or within their job family. 1. Prior to recall other employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority being recalled from the samerecall list, similar or related classification series for whom an employee who displaced another employee pursuant to provisions contained in this article shall have the position does not constitute a promotion as defined in Article 17, and who prior right to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a vacant position provided for which they are qualified. However, the affected employee is qualified to perform the duties. Any who displaces another employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights eligible for a period position at a higher pay grade than the one he/she originally held at the time of twenty-four (24) monthslayoff. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled who displaced another employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to fills a vacancy in his/her original classification and appointment category (type). Except that any department, then the employee declining recall to a different appointment category (type) than that whom he/she displaced will automatically be recalled into the position from which he/she was laid off or displaced previously held. After this process, other employees will be recalled to fill a vacancy for which they are qualified in the same department they were assigned at the time of their layoff. 2. Employees may be offered a position outside their department/program for which they are qualified. Employees may refuse a position outside their department/program. Employees who refuse such a position a second time shall have no further rights to recall. 3. Each employee on layoff shall be removed required to provide the District Personnel Office, in writing, with a current address to which a letter of recall may be sent. Employees being recalled shall be notified by “Certified Mail Delivery Confirmation” and shall have five (5) working days from the date of the receipt of notice to respond to the School Board’s offer and return to work. The School Board reserves the right to temporarily assign an employee to the vacancy until the recalled employee reports to work. If the letter is mailed to the address provided by the employee and is returned to the School Board because the address is incorrect, the School Board has fulfilled the obligation of this sub-section. If the School Board does not receive an affirmative response, the employee will be moved to the bottom of the recall list. If the recall notice is returned in the allotted time, yet not marked appropriately by the Human Resources Department, the employee shall retain his/her place on the recall list for the next job opening for which he/she is qualified. However, after the third returned notice, the employee’s name will be dropped from the recall list and the School Board shall have no further obligation to the employee. 4. An employee whose contract is non-renewed due to reorganization shall be entitled to recall rights for a layoff period of eighteen (18) months. All other employees shall be entitled to recall rights for a layoff period of twelve (12) months. 5. The employee laid off pursuant to this Article shall be given the opportunity to continue insurance coverages in existing programs during the layoff provided that appointment category (type)the premium for such insurance programs shall be paid by the employee on a monthly basis in advance of the month due.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The 1. Teachers laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined due to reduction in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification force shall be placed on the recall list by for thirty- six (36) months from the effective date of the layoff. The effective date of layoff will be the last day worked by the teacher. While the previous sections of this Article do not apply to non-professional teachers, such teachers shall be granted full coverage under this Section F. The period of layoff, however, shall not count toward professional teacher status. 2. Teachers on the recall list will be recalled to vacancies in their last previous teaching discipline in the reverse order of their layoff. An employee Teachers on layoff will also be offered job openings in other disciplines in which they hold licensure (in reverse order of layoff) provided that there are no current faculty members on layoff from such disciplines. Teachers on the recall list will be given first priority in filling long-term substitute teaching vacancies in their field of licensure and/or experience. For purposes of recall, "vacancy" shall be recalled to defined as an opening in a professional position provided covered by Article I which has become open as a result of resignation, retirement, death, or resulting from the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve establishment of a new probationary periodposition or from a leave of absence of not fewer than ninety-one (91) consecutive days. Should a teacher reject the offer of a vacancy that is in the same discipline and is for at least the same work schedule (hours per day and days per week) as the position from which the teacher was reduced, except for any employee the teacher shall be dropped from the recall list. Should a teacher reject the offer of a vacancy in a different discipline or with fewer hours, that teacher shall remain on the recall list. 3. The only benefits accorded teachers who have been laid off due to RIF and who was serving an original are on a recall list will be those specified in this Article. All other benefits gained by teachers as a result of this or promotional probationary period which successive collective bargaining Agreements will be received only by those teachers actively employed. 4. Teachers on the recall list shall be completed. Employees shall have recall rights for a period entitled to membership in any group health or life insurance coverage in existence at the time of twenty-four (24) months. Notification the effective date of recall the layoff, provided however, that the teacher pays the entire cost of such insurance pursuant to the requirements of the insurance carrier, and there shall be no contribution by the Committee or the town for such teacher's insurance. 5. Teachers on the recall list shall be deemed to be on leave of absence from the Wareham Public Schools for the duration of the recall period. 6. When a vacancy occurs to which a teacher is entitled to be recalled as set forth above, the appropriate teachers on the recall list will be notified by certified mail at their last recorded address. Failure to accept certified mail shall not be deemed sufficient reason for failing to meet the necessary response date. Failure to respond to the employee’s last known address or hand delivered to the employee Superintendent with proof a letter of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt acceptance of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work offered position within thirty (30) days, recall rights calendar days of the certified date of mailing shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series considered a rejection of such offer and the same appointment category (type) from which the employee was laid off or displaced teacher shall be removed dropped from the recall and reemployment list if recalled to his/her original classification and appointment category (type)list. Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced It shall be removed the responsibility of the teachers on the recall list to inform the Office of the Superintendent, in writing, of changes of address. The Superintendent shall have the right to notify more than one teacher at a time of vacancies and will inform those teachers of their respective placement on the recall list. 7. Teachers on the recall list shall have priority in filling vacancies as hereinbefore set forth. No new teachers shall be hired to fill such vacancies until all appropriate teachers on the recall list have been offered the vacancy. 8. Upon return to employment from the recall list for that appointment category (type)list, teachers will have accumulated to their accounts the same number of sick days which they had accumulated at the time of their layoff. Teachers filling temporary vacancies at the time of layoff due to reduction in force shall have no recall rights.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency The following shall apply only to fill a vacancy or laid-off employees who have elected this process pursuant to recall sub-section (g). In recalling employees in a classification where the layoff occurredwho have been laid off, the following procedure terms and conditions shall apply: (i) Except as shown in paragraph (viii) below, no new employees shall be adhered to: The hired following a layoff until those employees who were laid off employee with have been given a reasonable opportunity of recall as detailed below. (ii) Subject to the most State seniority from the sameprovisions below, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee employees shall be recalled to a position provided their Division in order of seniority and shall retain their right to be recalled for twelve (12) calendar months immediately following the affected employee date of layoff, if their length of continuous service in the Transportation Department is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except less than four (4) years or for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification calendar months immediately following the date of recall layoff, if their length of continuous service in the Transportation Department is four (4) years and over. (iii) Laid-off employees shall be responsible for ensuring that the Municipality is notified of their most current mailing address and telephone number. (iv) In recalling a laid-off employee the Municipality shall advise the Employee by certified double registered mail directed to the employee’s last known latest mailing address or hand delivered to provided by the employee with proof and shall also advise the Union by copy of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the such letter. (v) A laid-off employee fails to notify the Agency of his/her intent to report to work who does not respond within seven (7) calendar days of receipt the mailing date of the notice initial attempt of recallthe Municipality to contact them, he/she shall forfeit have no further right to recall rights. Likewiseunder this section. (vi) Upon making contact with a laid-off employee as outlined in paragraph (iv) above, if the Municipality shall notify the employee of the time and place for reporting to work, providing that the Municipality shall, on request, allow the employee to report to work up to fourteen (14) days from the mailing date of the Municipality's initial attempt to contact the employee, or at the discretion of the Municipality, whose approval shall not be unreasonably withheld up to an additional fourteen (14) days. (vii) A laid-off employee who refuses to or does not report to work at the time and place as determined in paragraph (vi) above shall have no further right to recall under this Section and will be considered as terminated. (viii) Where a need for recall is established and the laid-off employee scheduled to be recalled is not available as per (h) (vi) above to report at the time scheduled, the Municipality may hire Temporary Employees to temporarily complete the work available pending the reporting to work of the recalled employee does not actually return to work within thirty (30) days, recall rights laid-off employees. Temporary Employees so employed shall be forfeited. Any terminated when the recalled laid off employee accepting or declining recall whose work they are performing reports to work. (ix) Permanent positions being re-established shall not be posted while qualified employees are eligible for recall. (x) An employee who is recalled into a position shall have the same, similar or related classification series and ability to perform the same appointment category (type) from duties of the position to which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)is recalled.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure X. Xxxx-off bargaining unit members shall be adhered to: The laid recalled to vacant positions within the classification from which they were laid-off employee in order of seniority, with the most State seniority from senior being recalled first, to any such position for which they are qualified. A bargaining unit member shall be deemed qualified for the sameposition, provided he/she has: 1. Substituted in a same or similar position for twenty (20) consecutive days 2. Previously held the same or related classification series for whom similar position 3. Been previously trained to do the position does not constitute work, or 4. In the determination of the Employer could satisfactorily perform the work and could be trained within a promotion reasonable amount of time. B. Notices of recall shall be sent by certified or registered mail to the last known address as defined in Article 17, shown on the Employer's records. The recall notice shall state the time and who prior date on which the bargaining unit member is to report back to work. It shall be the bargaining unit member's responsibility to keep the Employer notified as to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, current mailing address. C. A recalled bargaining unit member shall be given five (5) work days from receipt of notice to return to work, unless he/she is otherwise employed and must give his/her other employer notice of resignation. In this event, the Employer will fill the position on a temporary basis until the recalled first bargaining unit member can report for work providing the bargaining unit member reports within twelve (see Appendix I)12) work days from receipt of the original notice of recall. All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be The Employer may extend these time limits at its discretion. X. Xxxxxxxxxx unit members recalled to a position provided for which they are qualified, with equivalent hours of work as previously held, are obligated to take said work. A bargaining unit member who declines recall to an equivalent work/hour position, for which he/she is qualified, shall forfeit his/her seniority rights. Bargaining unit members on layoff shall accrue seniority during the affected employee period of such layoff. Acceptance or refusal of recall to a position which is qualified to perform lower in pay and/or benefits than the duties. Any employee recalled under this Article position from which the bargaining unit member was laid-off shall not serve a new probationary period, except for any employee laid affect his/her rights to recall to an equivalent position. X. Xxxx-off who was serving an original or promotional probationary period which bargaining unit members shall be completed. Employees shall have retained on the District’s recall rights list for a period of twenty-four two (242) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed calendar years from the recall and reemployment list if recalled time of layoff, after which they shall no longer have any contractual right to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)recall.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Recall. a. When it a position on the teaching staff of the District becomes available, the Board shall, notwithstanding any other provision of this agreement, first offer recall to the teacher under the conditions outlined in Article C.5.2.e who has the most seniority among those laid off pursuant to this article, provided that the teacher possesses the necessary qualifications for the available position. If that teacher declines the offer, the position shall be offered to the teacher with the next greatest seniority, provided that teacher possesses the necessary qualifications, and the process shall be repeated until the position is determined by filled. b. A teacher who is offered recall shall inform the Agency Board whether or not the offer is accepted, within 48 hours of the acknowledged receipt of such offer, exclusive of weekends and statutory holidays. c. The Board shall allow ten (10) days from an acceptance of an offer under Article C.5.2.b for the teacher to fill commence teaching duties, provided that, where the teacher is required to give a vacancy or longer period of notice to another employer, such longer period shall be allowed. d. A teacher‘s right to recall employees in a classification where under this article is lost: i. if the layoff occurred, teacher refuses to accept two positions for which he/she possesses the following procedure shall be adhered to: The laid off employee with the most State seniority necessary qualifications; ii. forty (40) calendar months elapse from the samedate of layoff under this article and the teacher has not been recalled. e. Upon recall, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to teacher shall retain his/her layoff, held continuing appointment recall status even though this recall may be for a classification which carried with it specified term and/or for a percentage of employment different from the same or higher pay range as continuing appointment recall status. This permits the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed Board to employ teachers on the recall list by in temporary assignments without jeopardizing the effective teacher‘s right to recall otherwise contained in this agreement. f. A teacher recalled pursuant to this article shall be entitled to all sick leave credit accumulated at the date of their layoff. An employee . g. A teacher who retains rights of recall pursuant to Article C.5.2 shall be recalled entitled, if otherwise eligible, to a position maintain participation in all benefits provided in this agreement by payment of the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period full costs of twenty-four (24) months. Notification of recall shall be by certified mail such benefits to the employee’s last known address or hand delivered Board, in advance, subject to the employee with proof approval of receipt. Employees shall maintain the insurance carrier and provided that the teacher is not otherwise employed. h. The responsibility for maintaining regular contact and filing a current telephone number and address on file with the AgencyDistrict Administrator responsible for personnel will be with the teacher. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails first contact with the teacher cannot be made by telephone, a double registered letter will be sent to notify the Agency of his/her intent to report to work within seven (7) days of receipt teacher of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)job offer.

Appears in 2 contracts

Samples: Provincial Collective Agreement, Provincial Collective Agreement

Recall. When it is determined by the Agency to fill a vacancy or to (a) In all cases of recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her after layoff, held a classification which carried with it the same or higher pay range as the vacancy, employees shall be recalled first in accordance with their seniority ranking provided they have the necessary qualifications, ability, knowledge and skill to perform the jobs available within the job classification provided the surplus employee can do the job without formal training. The employee will be afforded a two week orientation period that will include minimal on the job training. (see Appendix Ib) An employee with seniority who is laid off shall retain seniority and right of recall for the following period of months based on the employee's length of continuous service as follows: Period of Months Service in Years 12 up to two (2) years 24 more than two (2) years (c) An employee who is recalled in accordance with this article shall be reinstated as though there had been no interruption in seniority. (d) Subject to Article 30.06 (a). , no new regular employee shall be hired into the bargaining unit until all employees within the bargaining unit, who are on layoff have been given an opportunity to be recalled, subject to necessary qualifications, ability, knowledge and skill to perform the jobs available. (e) All employees who are laid off or displaced out of eligible for recall shall file with the Employer and the Bargaining Unit their classification shall be placed on the recall list by the effective date of their layoff. most recent address and telephone number. (f) An employee shall have the right to refuse one (1) recall to a position at the same salary level and employment status. Notices of recall to lesser positions, or to a position which is more than forty (40) kilometers from the employee’s last work location shall not be deemed to be a refusal. (g) A full-time employee who is recalled to a part-time position provided shall continue to retain recall rights to a full-time position, which may include a part-time position to complement the affected employee is qualified employee’s current part-time position, subject to perform the dutiesscheduling requirements. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which A recall to such part time position shall be completed. Employees shall deemed to have satisfied the employee’s recall rights for a period of twenty-four subject to Article 30.03 (24c). (h) months. Notification Notice of recall shall be sent by certified registered mail to the employee’s last known address or hand delivered to recorded with the Employer by the employee with proof of receipt. Employees and shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If require the employee fails to notify the Agency of his/her intent to report to work within on a date not earlier than seven (7) work days after the date of receipt of such notice. If the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return reply within said seven (7) work days or fails to report for work within thirty (30) daysat the time and date specified in the notice, the employee shall be deemed to have terminated all recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced employee shall be removed from the recall and reemployment list if recalled receive any severance payment to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was would normally be entitled in accordance with the Collective Agreement and/or Employment Standards Act. (i) Subject to Article 30.06 (f), an employee’s refusal to accept a recall to a position at their same salary level and employment status, will result in the termination of all recall rights and the laid off or displaced employee shall receive any severance payment to which he/she would normally be removed from entitled in accordance with the Collective Agreement and/or Employment Standards Act. (j) Those persons not recalled by the end of the recall list for that appointment category (type)period shall receive any severance payment to which he/she would normally be entitled in accordance with the Collective Agreement and/or Employment Standards Act.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Recall. When it is determined by the Agency to fill a vacancy 1. Employees whose positions have been eliminated through layoff or to recall employees in a classification where the layoff occurred, the following procedure otherwise shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series considered first for whom the position does not constitute a promotion as defined in Article 17, equivalent vacancies which may become available and who prior to his/her layoff, held a classification for which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who they are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is technically and physically qualified to perform the dutiesjob. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which Such employees shall be completedrecalled in descending order of District seniority. 2. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall Each employee on layoff shall be by certified mail required to provide the employee’s last known address or hand delivered to the employee Human Resources Support Services, in writing, with proof of receipt. Employees shall maintain a current address on file with the Agencyto which a letter of recall may be sent. Recall rights Employees being recalled shall be within notified by "Certified Mail Return Receipt Requested" and shall have five (5) working days from the Agency and within recall jurisdictions as outlined in Appendix J. If date of the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of notice to respond to the notice of recall, he/she shall forfeit recall rightsSchool Board's offer. Likewise, if The School Board reserves the right to temporarily assign employees to the vacancy until the recalled employee reports for work. If the letter is mailed to the address provided by the employee and is returned to the School Board because the address is incorrect, the School Board has fulfilled the obligation of this sub-section. If the School Board does not actually return to work within thirty (30) daysreceive an affirmative response, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list and the School Board shall have no further obligation to the employee. If the recall notice is returned and not receipted, the employee shall retain his/her place on the recall list for the next job opening for which he/she is qualified. However, after the second returned notice, the employee's name will be dropped from the recall list and the School Board shall have no further obligation to the employee. 3. An employee who has been laid off shall maintain recall rights for twelve (12) months from the date of layoff or until he/she refuses a recall opportunity, fails to respond to a recall letter, submits a resignation, or accepts employment with another employer within the Florida Retirement System (FRS), whichever is less. 4. Written notice of layoff shall be given to the affected employee twenty (20) working days before the action is to become effective. 5. An employee who fails to apply to two (2) vacancies for which he/she is qualified, shall be removed from the layoff list. An employee who applies for a vacancy and is offered the position and subsequently declines the position, shall be removed from the layoff list. 6. An employee who has started his/her sixth year of service and who will qualify for retirement by the end of that appointment category (type)year shall be permitted to complete the sixth year so as to acquire the necessary service to become vested in the retirement system.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by If the Agency County decides to fill a vacancy or position within the bargaining unit and there is an employee on layoff status with recall rights to recall employees in a classification where the layoff occurredthat position, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17this paragraph, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, not Section 11.6 shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoffcontrol. An employee on layoff status shall be recalled retain the right to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which position the employee was laid off from, or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from position which he/she is fundamentally the same as the one the employee was laid off or displaced from if the employee is qualified for the new position, for a period of two (2) years from the original date of layoff. If more than one employee was laid off from a position, the employee with the most seniority in the position shall be removed from recalled first. An employee who bumps into a different position as a result of a layoff shall retain the right to recall list to the employee’s original position for that appointment category a period of two (type)2) years. It shall be the responsibility of an employee on layoff status to keep the County informed of the employee’s current address during the two (2) year recall period, preferably by certified mail, receipt requested. The County shall recall an employee by mailing a copy of the notice of recall by certified mail, return receipt requested, to the latest address on file in the Human Resources office for the employee on layoff status. An employee on layoff status shall have ten (10) business days after the mailing date of the certified letter to accept the vacant position. The employee must give, and the County must receive, written notice of the employee’s acceptance of the position within the ten (10) business day period to preserve the right to the vacant position. If the employee actually receives the notice of recall and refuses the position, or actually receives the notice of recall and fails to respond to the notice, the employee shall lose recall rights under this section. An employee on layoff status shall also have the right to apply for positions as specified in Section 11.6.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

AutoNDA by SimpleDocs

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure No new employee shall be adhered to: The laid hired in the Bargaining Unit until those laid-off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by have had the effective date of their layoff. An employee opportunity to be recalled, as set out below: (a) Employees laid-off under Article 15 who retain recall rights shall be recalled on the basis of seniority to a position provided the affected employee is qualified first available new position, or vacancy, in the same, or lower, hourly rate to perform their last held classification, providing he/she possesses the dutiesminimum qualifications and can satisfactorily perform (b) Employees with recall rights will also be entitled to apply for vacancies as per Article 14 (Job Postings). Any employee recalled under this Article shall not serve a new probationary The Employer will provide copies of the job postings, within the appropriate geographic area, to those employees on layoff within the job posting period, except with sufficient time for the employee to respond. (c) The Employer will provide an up-to-date copy of the current recall list to the Employer/Employee Relations Committee and to the Unit Xxxxxxx within one (1) week of any changes or adjustments made to the list. (d) When recalling an employee laid off who was serving an original or promotional probationary period which after layoff, she/he shall be completed. Employees shall have recall rights for a period of twenty-four notified by registered mail, or personally by telephone, and allowed ten (2410) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent working days to report to for work within seven (7) days from the date of the signed receipt of delivery of the Notice of Registered Mail, or receipt of the notice telephone notice, whichever occurs first. (e) An employee to whom a registered letter is sent, or who is notified by telephone in accordance with this Article, must contact the Employer within forty-eight (48) hours of the time of signed receipt of the delivery of the Notice of Registered Mail, or receipt of the telephone notice, whichever occurs first, if she/he wishes the Employer to hold the job open for her/him for the full ten (10) working day period. (f) It shall be the employee's responsibility to keep the Employer notified as to any change of her/his address or telephone number so that they will be up- to-date at all times. (g) An employee may not refuse recall. Should an employee refuse recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall will be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed terminated from the recall list and shall be paid severance in accordance with Article 15.06. (h) If the employee is recalled, the employee’s service and seniority from the original date of hire shall be counted as unbroken, but there shall be no accrual for service or seniority for the period on recall. (i) If an employee chooses to retain recall rights, the employee’s severance entitlement shall be paid out when his/her recall rights have expired, or at any time the employee chooses to waive recall rights. (j) If an employee who has chosen to retain recall rights is subsequently recalled and the employee chooses to return to the workplace, the severance payment is retained by the Employer. If within three (3) months either the employee is dissatisfied with the position or the Employer determines that appointment category (type)the employee is unable to satisfactorily perform the requirements of the job, then the employee can resign, or be terminated, with his/her severance package as per Article 15.06.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Recall. When it is determined by Teachers who are in Groupings 3 or 4 and are dismissed honorably for reasons of reduction in force shall be eligible for recall for a period beginning with their layoff and ending one (1) calendar year after the Agency to fill beginning of the school term following their receipt of a notice of Reduction In Force-Layoff. Teachers who are recalled shall retain seniority and tenure rights and any other accrued benefits. Should a vacancy or to vacancies exist within the school district during the recall employees period, and one or more teacher(s) in a classification where the layoff occurredGroupings 3 or 4 is on layoff, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series and eligible for whom the position does not constitute a promotion recall as defined in Article 17above, and who prior where one or more teacher(s) is legally qualified to his/her layofffill the position(s) in its entirety, held then the Board shall recall a classification which carried teacher(s) on layoff before it fills the position(s) with it an employee(s) new to the same or higher pay range as district. Where more than one teacher on layoff and eligible for recall is qualified to fill the vacancy, the Board shall tender an offer to the teachers on layoff in the inverse order of dismissal. A vacancy shall be recalled first (see Appendix I)defined as a position within the district which the Board has determined to fill, but where there is no person within the active teaching or Administrative employ of the Board qualified to fill the position, or where there is no person within the active teaching or Administrative employ of the Board who the Board wishes to assign to the position. All employees who If the Board intends to assign part-time teaching duties to an Administrator, the Board will inform the Association of its intent and bargain its tentative decision with the Association upon demand. Transfers of existing staff from position to position where no permanent vacancies are laid off or displaced out thereby created shall not create vacancies for the purposes of their classification this provision. It shall be placed on the responsibility of each teacher subject to recall to apprise the Board in writing of said teacher's mailing address at the time of layoff and of each mailing address change during the recall list by the effective date of their layoffperiod. An employee shall be recalled The Board's obligation to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be met where it sends an offer by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category teacher on layoff, posted to the teacher at the last mailing address the teacher has provided the Board. The teacher shall have twenty (type20) than that from which he/she was laid off or displaced shall be removed days from the postmark date on the recall list for that appointment category offer to respond to such offer. If the Board does not receive such response before the twenty (type)20) day period has elapsed, the teacher will be presumed to have rejected the offer. Any Board offer of a full-time position to a teacher on layoff and subject to recall, rejected by the teacher, will discharge all Board obligations to the teacher to offer future recalls from the instant layoff.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Contract Agreement

Recall. When it is determined The provisions of this Clause are amended by the Agency Letter of Understanding - Layoff and Recall attached to fill a vacancy or to recall this Agreement. In recalling employees in a classification where the layoff occurred(other than probationary employees) who have been laid off, the following procedure terms and conditions shall apply: (a) the employees must be qualified to perform the work made available to them; (b) No new employees shall be adhered to: The hired following a layoff until those employees who were laid off employee with have been given a reasonable opportunity of recall as follows: (1) the most State Employer shall make every reasonable attempt to contact the employees in order of their seniority from in the same, similar or related classification series for whom Employment Pool and the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, employees shall be recalled first by the Employer in such order provided that they respond within forty-eight (see Appendix I). All employees 48) hours of the initial attempt of the Employer to contact them; (2) upon making contact with an employee, the Employer shall specify the time when the employee shall report for work; (3) an employee who are laid off does not respond within forty-eight (48) hours of the initial attempt of the Employer to make contact, or displaced out of their classification who refuses to report for work shall be placed at the bottom of the list of employees eligible for recall under this clause notwithstanding the employee's seniority in the Employment Pool; (4) an employee notified to return to work shall report at the time and place specified by the Employer for so doing or, in extenuating circumstances, within such extended period of time not exceeding fourteen (14) days from the date of the initial attempt of the Employer to make contact as the General Manager, Human Resource Services may approve, which approval shall not be unreasonably withheld; (5) it shall be the responsibility of all employees who have been laid off and wish to be recalled by the Employer to keep the General Manager, Human Resource Services informed of their respective current addresses and telephone numbers. The Employer shall be considered to have fulfilled its obligations to recall an employee eligible for recall under this clause by attempting to contact the employee at the employee's last known address on the Employer's records. (6) an employee who is laid off and is eligible for recall under this clause shall remain on the recall list by the effective date for a maximum of their layoffsix (6) months. (7) The offer of temporary and/or auxiliary assignments to Regular Full- Time and Regular Part-Time Employees with seniority who have been laid off shall not be considered a recall. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article who accepts such temporary and/or auxiliary work shall not serve receive a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completedfurther layoff notice at the conclusion of such work. Employees shall who decline such work will not be considered to have recall rights for refused a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type).

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure a) Recall shall be adhered to: The laid off employee with the most State in seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position order provided the affected employee Teacher is qualified to perform the dutiesteaching assignment. b) A Teacher on the Recall List must keep the Board informed at all times of the Teacher‟s current address and telephone number. Any employee recalled under this Article shall not serve a new probationary period, except for any employee The initial attempt to recall eligible laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24Teacher(s) months. Notification of recall shall be by certified mail telephone. If this is unsuccessful, a registered letter shall be sent to the employee’s last known address address. c) A Teacher who has been placed on the Recall List from a full-time teaching assignment shall have the option of accepting or hand delivered not accepting without loss of recall rights, a temporary or part-time teaching assignment with the Board. However, if such Teacher does not accept the temporary or part-time teaching assignment, the Teacher shall not be considered for recall to any other teaching assignment similar to such assignment. Where the temporary teaching assignment is finished the Teacher shall return to the employee with proof of receipt. Employees recall list. d) Any Teacher on the recall list shall have the option to maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent benefit coverage at full premium cost to the Teacher payable to the Board in advance on a monthly basis. e) Any Teacher on the Recall List who is offered a part- time or full-time teaching assignment shall have a maximum of ten (10) working days from the date of notification by telephone or the posting of the registered letter, in which to report for the teaching assignment. f) A Teacher who fails to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to accept his/her original classification recall or report for work as specified, except where permitted in (g) below, shall lose all recall rights. g) A Teacher who is unable to report for work and appointment category provides satisfactory medical or other evidence of injury or illness, or who provides another reason satisfactory to the Board, shall not lose recall rights because of failure to report in accordance with 17.03 (type)f) above. Except that any employee declining A Teacher shall not be required to accept recall to a school different appointment category (type) than that from the one from which he/she was laid off or displaced off. h) Prior to any external hiring, all teachers, available for recall and qualified for the position, shall be removed from offered the recall position in accordance with the provisions of this Article. i) The Board shall provide a copy of the Recall List to the Bargaining Unit President annually and shall notify the Bargaining Unit President of any changes to the list for that appointment category (type)as they occur.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Recall. When it is determined by the Agency to fill a vacancy (a) Employees or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All former employees who are laid off or displaced out of their classification shall be placed on the recall layoff list by the effective date of their layoff. An employee classification shall be recalled to a available vacancies in seniority order beginning with the person with the highest seniority. If the position provided the affected employee is not filled in that manner, it shall be offered in seniority order to other persons on layoff lists for classifications with higher salary ranges. Such persons must be qualified to perform those duties. (b) Former employees who are rehired from the dutiesrecall list into the same department and classification previously held will serve no probationary period assuming the former employee had successfully completed the probationary period at the time of lay-off. Any If the rehired employee recalled under this Article shall had not serve a new completed the six (6) month probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rightswill be on probation for the length of time required to complete the six (6) months. Likewise, if the recalled An employee who does not actually return to work within thirty pass the six (306) days, recall rights shall month probationary period will not be forfeited. Any employee accepting or declining recall returned to the same, similar or related classification series and the same appointment category recall list. (type1) from which the employee was laid off terminated from a position that did not make them whole, and (2) the termination is overturned through the grievance arbitration process. (c) Former employees will be required to provide the City with a current address in order to be eligible for recall. Employees or displaced former employees will have five (5) calendar days from receipt of an offer of recall to accept or reject the offer. Employees or former employees who fail to respond to the recall offer in the designated time period shall be removed deemed tohave rejected the offer. (d) A person’s name shall remain on the layoff list for two (2) years unless the following condition is met: The person has been offered a position(s) from the recall layoff list which makes the person whole in terms of former salary grade and reemployment list if recalled to his/her original number of hours. Make whole is defined as the employee or former employee being offered a position in the same classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which with the same budgeted hours as he/she was laid off or displaced shall be removed from had at the recall list for that appointment category (type)time of lay-off.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by The following process will apply to the Agency to fill a vacancy or to recall employees of full-time faculty in a classification where the layoff occurred, the following procedure bargaining unit. A. Recall shall be adhered to: The laid in inverse order of lay-off. B. Laid-off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee faculty members shall be recalled to a position provided fill any full-time faculty positions within the affected employee is College that they are qualified to perform teach in order of College seniority, with the dutiesmost senior laid-off full-time faculty member being recalled first, provided that such position openings occur within two (2) years of the date the full-time faculty member was laid off. Any employee recalled under this Article Recalled faculty members return with tenure, rank, and years in rank as of the date of lay-off intact. C. The College shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification provide notice of recall shall be by certified mail to the employee’s faculty member at the last known address or hand delivered to of record maintained by the employee with proof of receiptHuman Resources Department. Employees shall maintain The displaced faculty member is responsible for maintaining a current address on file with the Agency. Recall rights shall be within Human Resources Department. D. Failure of the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails faculty member to notify the Agency College of his/her an intent to report return to work in response to the offer of recall within seven thirty-one (731) calendar days of documented receipt of the notice of recall, he/she shall forfeit recall rights. Likewiseor receipt of notice of failed delivery, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the sameconsidered a voluntary termination of employment. E. Once all full-time tenured faculty members have been recalled, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced non-tenured full- time faculty members shall be removed from recalled in like manner. F. A home department is obligated to take back a transferred faculty member before hiring a new faculty member or part-time faculty member in the recall and reemployment list if recalled to area of his/her original classification and appointment category (type)competency. Except that any employee declining recall However, the return to a different appointment category (type) than that from which he/she was laid off or displaced the home department must be acceptable to the transferred faculty member. G. No adjunct faculty, temporary faculty, nor other individuals shall be removed from rehired, nor teach courses offered by the recall list for that appointment category (type)College, until all laid-off members of the bargaining unit who are qualified to teach those courses have been rehired by the College. H. Non-bargaining unit employees shall not fill a lay-off vacancy while a RIF situation is in effect. I. No subcontracting or out-sourcing of bargaining unit work shall occur during a RIF situation.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it 1. If within 27 months of a layoff, a vacancy occurs within the District for which a laid off certified staff member is determined qualified, as per Paragraph B, layoff procedures, the recall procedure outlined below will be followed: a. At the time of layoff, the District shall provide for laid off members to express in writing a desire to return to the District. The District shall also receive the member's address for recall notification. In the event of a recall, the District shall notify the member who has expressed a desire to return to the District of the recall by certified mail, return receipt, sent to the last address given by the Agency member to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: District office. The laid off employee with the most State seniority member will have fifteen [15] calendar days from the samedate of mailing to notify the District of intent to return. The member must, similar thereafter, report on the starting date specified by the District providing that this will not be less than fourteen [14] days from the date the notice of recall was received, or related classification series for whom lose all recall rights. b. All benefits to which a member was entitled at the position does not constitute a promotion as defined in Article 17, and who prior to his/her time of layoff, held a classification which carried with it including unused accumulated sick leave, will be restored to the same or higher pay range as member upon the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall member's return to active employment; and the member will be placed on the recall list by proper step of the effective date salary schedule for the member's current position according to the member's experience and education. A member will not receive increment credit for the time spent on layoff, nor will such time count toward the fulfillment of their time requirements for acquiring permanent status. Employee benefits do not accrue during the time of layoff. 2. An employee shall be recalled In determining which certified staff member or members to a position provided recall, the affected employee is qualified to perform Board will consider the dutiescriteria set forth in Paragraph B, layoff procedures, above. Any employee member who does not accept a recall will lose all further recall rights and will be deemed to have resigned from District employment. Any member not recalled under pursuant to this Article within 27 months of layoff will be deemed to have resigned from District employment. 3. Any "appeal" from the Board's decision on layoff or recall pursuant to this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail means of a grievance filed pursuant to the employee’s last known address or hand delivered to the employee with proof of receiptArticle on grievance procedure. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt The decision of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall arbitrator will be forfeitedfinal and binding on all interested parties. 4. Any employee accepting certified staff member who is non-renewed or declining recall to dismissed for the same, similar and only the same, reason or related classification series and the same appointment category (type) from reasons which the employee was laid off or displaced shall Board could have used to conduct a layoff under this Article, will be removed from the recall afforded reemployment rights in accordance with Paragraphs E2 and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)E3, recall.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined The Employer shall establish a recall list by classification by seniority unit for those employees furloughed under Section 5 of this Article in the Agency inverse order of seniority. a. Employees on such recall lists shall have rights to fill a vacancy or to recall employees position in a classification where within the layoff occurred, seniority unit from which they were furloughed provided they have the following procedure shall be adhered to: The laid off requisite seniority and skill and ability. b. Such recall lists will remain in effect for a furloughed employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out period of their classification shall be placed on the recall list by three years after the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform furlough. c. In the duties. Any employee recalled under this Article shall not serve a new probationary period, except for event any employee laid off who was serving on a recall list refuses an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period offer of twenty-four (24) months. Notification of recall shall be by certified mail to employment in the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced initially furloughed the employee shall forfeit all recall rights. d. During the period that employees are on a recall list, they shall keep the Employer informed of any changes in address. The Employer shall not be held liable if an employee is not offered recall because of failure to notify the Employer of a change of address. An employee who is not offered recall because of failure to notify the Employer of a change of address and who subsequently informs the Employer of the current address shall be removed returned to the recall list and shall be offered the next opportunity for recall, provided the employee's three year recall period has not expired. e. The recall period of a furloughed employee who, during the recall period, returns to the furloughing agency's payroll in a temporary capacity shall be extended by the amount of time the employee serves in the temporary capacity. f. A furloughed employee who, during a recall period, returns to the Employer's payroll in a temporary capacity shall upon recall from the furlough to permanent employment, be credited with seniority for the amount of time spent in the temporary capacity. g. During the recall and reemployment list if recalled period employees may be offered recall to his/her original classification and appointment category (type)either temporary or part-time positions. Except that any If an employee declining refuses an offer of either temporary or part-time recall, the employee forfeits all further recall rights to the type of employment refused. The employee will retain recall rights to permanent, full-time employment for which the employee is eligible. h. A furloughed employee who, during a recall period, returns to the Employer's payroll in a temporary capacity shall be eligible for all benefits enjoyed by permanent employees provided other applicable eligibility requirements are met. i. A community health employee who is furloughed may refuse recall to a state health center different appointment category (type) than that from the one from which he/she was laid off or displaced shall be removed furloughed without forfeiture of recall rights. j. The Employer will provide the Union with a copy of all recall lists. k. A furloughed employee who applies for and receives retirement benefits from the State Employes' Retirement Board shall forfeit all recall list for that appointment category (type)rights under this section as of the date of the approval of benefits by the State Employes' Retirement Board.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it If within 27 months of layoff, a vacancy occurs within the District for which the laid- off educator is determined qualified, the recall procedure outlined below shall be followed: 1. At the time of layoff, the District shall provide laid-off educators the opportunity to express in writing a desire to return to the District. The District shall also receive the educator’s mailing and email addresses, for recall notification. In the event of a recall, the District shall notify educators, who have expressed the desire to return to the District, of the recall by certified mail and email (if provided), sent to the last addresses given by the Agency educator to fill a vacancy or the District. Those educators responding to the recall employees in a classification where the layoff occurred, the following procedure shall will be adhered to: The laid off employee with the most State considered for rehiring based upon seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it competence using the same or higher pay range criteria as described above for the vacancy, shall be recalled first (see Appendix I)initial reduction in staff. 2. All employees An educator who are laid off or displaced out of their classification shall be placed is on the recall list by list, shall have seven calendar days from the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period receipt of twenty-four (24) months. Notification certified notice of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency District in writing, by mail, of his/her their intent to be considered for the open educator position with the acknowledgement that upon acceptance by the District, said educator will report for duty as a full-time certified staff person in such position within 20 days from the date said notice was received. However, if the educator was not receiving unemployment insurance benefits and if they can show that they were serving in a regular (not temporary) contracted position for another Oregon school district, they shall, upon timely written request, be granted an additional 45 days within which to report to work within seven (7) days of receipt if the employing district has refused a request for release from contract. Failure of the notice educator to respond within the time provided herein, or a second refusal of recall, he/she shall forfeit a recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall offer to a different appointment category (type) than that from which he/she was laid off or displaced position within the educator’s area of licensure, shall constitute a waiver of the educator’s right to be removed from the recalled and shall terminate such educator’s right to further recall list for that appointment category (type)consideration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall (A) Permanent employees in a classification where the who are on layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled in reverse order of their layoff, within a position classification within a work unit, with the last employee laid off being the first to be called back and continuing in like manner until the required number of employees have been obtained. (see Appendix I)B) If the required number of employees cannot be obtained by the procedure outlined in “A”, recall shall be by overall seniority for all other employees on layoff in the bargaining unit. (C) Any recalled employee will be given a trial period of thirty (30) days to allow the City to determine his qualifications for the job. All employees who are laid off or displaced out of their classification shall must be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the dutieswork. (D) The City shall notify the employee of his recall at his last address on record with the City by certified letter with return receipt requested and employ him if he reports and is available for work. Any If the employee recalled under this Article signs for the certified letter, he or she shall not serve a new probationary periodhave no longer than seventy- two (72) hours to report for work. If the certified letter is signed for by someone other than the employee, except the employee shall have no longer than ninety-six (96) hours to report for any work. If said employee laid off who was serving an original or promotional probationary period which fails to report for work within the time limits established above, he shall be completed. Employees considered as having voluntarily resigned, provided that illness incapacitating the employee for work or extended absence from home at the time of recall shall have recall rights be sufficient excuse for a period not reporting for work if the City is informed of the excuse within twenty-four (24) monthshours after receipt of notice of recall. Notification of An employee loses his right to recall shall be by certified mail and is considered to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current have voluntarily resigned if his address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the City is not accurate. (E) An employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original a job not within his position classification and appointment category (type). Except that any employee declining within his work unit, shall retain prior right to recall to a different appointment category vacancy existing within his position classification within his work unit. Should an employee be recalled to a job not within his position classification within his work unit, he shall retain, continue to accumulate and may exercise his seniority within his position classification within his work unit for a period of ninety (type90), eight (8) hour work days actually worked. At the end of the ninety (90) than that from which he/she was laid off or displaced work day period, his job seniority shall be removed then accumulate retroactively from the original date of his recall list for that appointment category to his present position. If, at any time during the ninety (type)90) work day period, an employee shall refuse a call to a job within his position classification within his work unit, he shall forfeit his prior seniority rights and his job seniority shall begin to accumulate as of the first day of employment in his new position classification and/or work unit.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency The following shall apply only to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure Laid-off Employees who have elected this process: (a) Laid-off Employees shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series eligible for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights Recall for a period of twentytwelve (12) months following their effective date of Layoff. (b) The Board shall make every reasonable attempt to contact and Recall Laid-four (24) monthsoff Employees in order of Seniority, subject to their qualifications. Notification It is the responsibility of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails Employee to notify the Agency Director of his/her intent Library Services or designate of any change of address and other contract information. (c) The Board shall specify the time when a Laid-off Employee shall return to work. A Laid-off Employee who has accepted the Board's Recall but who does not report to work within forty-eight (48) hours of Recall or who refuses such a Recall shall be treated as follows: (i) If failure to report to work within seven forty-eight (748) days of receipt hours of the notice Recall is the Employee's first (1st) failure to report to work for a Recall, then the Employee shall be moved to the bottom of recall, he/she shall forfeit recall rights. Likewisethe eligibility list; however, if this is not the recalled employee does not actually return Employee's first failure to work within thirty (30) daysreport following Recall, recall rights i.e., there has been one previous failure to report on the Employee's part then the Employee shall no longer be eligible for Recall and shall be forfeiteddeemed terminated. Any employee accepting or declining recall The Board may extend these time limits where extenuating circumstances exist. (ii) A. If a Laid-off Permanent Full-time Employee refuses a Recall to Permanent Full-time employment, then the same, similar or related classification series Employee shall no longer be eligible for Recall and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type)deemed terminated. Except that any employee declining recall The same also applies to a different appointment category (type) than that from which he/she was laid Laid-off or displaced shall be removed from the recall list for that appointment category (type)Permanent Part-time Employee who refuses a Recall to Permanent Part-time employment.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Recall. When it is determined by the Agency The Employee who elects to fill a vacancy or bump shall retain all rights to recall employees to the position in which the layoff/bump occurred with the exception of a person in a replacement contract. No Employee on recall shall be offered a vacant position (except as stated above) with the Board of Education until current Employees within that position/classification, have exhausted their right to bid on the vacancy. If no current Employee in that position/classification where bids on or accepts the layoff occurredvacant position then the vacant position can be offered to the laid off Employee and the whole Union, the following procedure shall be adhered to: The laid off employee Employee with the most State District seniority from will be offered the sameposition, similar or related provided the Employee has the necessary qualifications. The Board of Education shall notify laid off Employees of all postings. Recalls which occur will be first by classification series for whom the position does not constitute a promotion as defined in Article 17of layoff and then by District seniority, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their offered to the Employees within said classification shall be placed standing highest in seniority on the recall layoff list by before the effective date of their layoff. An employee shall next person on the list may be recalled to a position provided the affected employee is qualified to perform the dutiesconsidered. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off Employee who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced declines reinstatement shall be removed from the recall reinstatement name list. Recalled Employees must report for work within five (5) days of notification unless an extension is granted by the administration. The Employee’s name shall remain on the appropriate list for a period of two (2) years from the effective date of layoff. If reinstated from layoff during this period, such Employee shall retain all previous accumulated seniority and reemployment list if recalled to his/her original classification and appointment category (type)benefits at the time of layoff. Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced A notice of reinstatement shall be removed from the recall list for that appointment category (type)made by certified mail.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined Any additional employment by the Agency District following the layoff will be first offered to fill those previously laid-off in the order of seniority of those on layoff status, should they still wish to resume employment in the Madison Metropolitan School District provided they hold proper certification for the position. When teachers with the same seniority are laid off as referenced in Section IV-O-4-c, recall shall then be in the reverse order. A laid-off teacher shall be entitled to recall for a vacancy period of three (3) years from the date of the notification of layoff, unless said teacher thereafter affirmatively notifies the District annually by May 1 that he/she wishes to remain on the recall list. 1) An academic "overload" assignment must first be offered, on the basis of seniority, to those teachers on layoff who hold certification appropriate to teach classes contractually provided for as "overloads". The acceptance of such a position, if less than full-time will not negate the individual's right to recall to a full-time position. Overloads as a result of study hall assignment will not be offered to persons on layoff unless there are more than two (2) such study hall assignments (.40 F.T.E.) in any high school. 2) The District shall have the option, based upon the needs of the District, to increase the percentage of contract of those currently employed under part-time contract or to assign teachers on layoff under such circumstances. 3) Of those teachers on layoff status, a full-time teacher may refuse any offer of employment as a teacher with the District at less than a full-time contract and still retain recall employees rights for future offers of employment. If a full-time teacher accepts an offer for a part-time position, said acceptance does not negate that individual's right to recall to subsequent full-time positions. A part-time teacher on layoff may refuse any offer of employment as a teacher with the District on a full-time contract basis and still retain recall rights for future offers of employment. However, a part-time teacher on layoff who refuses any offer of any part-time employment as a teacher with the District forfeits all recall rights for future offers of employment. A full-time teacher on layoff who refuses any offer of any full-time employment as a teacher with the District forfeits all recall rights for future offers of employment. However, a full-time teacher on layoff may refuse any offer of employment for teaching positions in certification areas in which he/she has not taught during the last three years and still retain, via this Recall Procedure, rights for future offers of employment. Any summer school/night school position occupied by a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with teacher shall not in any way affect that teacher's right to recall under Section IV-O(4) of the most State seniority from Teachers' Collective Bargaining Agreement. 4) Teachers who get recalled to positions which were formerly held by teachers on sabbatical leave or medical leave of absence will be placed in the same, similar or related classification series surplus pool for whom reassignment pursuant to the terms of this Section IV-O should the teacher on such a leave return to teaching after the expiration of his/her leave. Should the teacher temporarily vacating the position does not constitute a promotion as defined in Article 17, and who prior return to his/her layoffformer assignment, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed teacher reemployed from the recall and reemployment layoff list if recalled to his/her original classification and appointment category (type). Except who fills such assignment shall continue in that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)assignment.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined Subd. 1. No new teacher shall be employed by the Agency School Board in any position while there is available, on unrequested leave of absence, a teacher who is properly qualified to fill the vacant position. A teacher placed on unrequested leave of absence shall be recalled, as positions become available, to the position from which such teacher was placed on leave, or if not available, to any other position for which such teacher is qualified. If a vacancy or teacher is offered a contract which results in less than the original employment, the teacher shall not be required to accept the position and this shall not jeopardize the teacher’s right to recall employees in a classification where the layoff occurred, the following procedure to original status. Reinstatement shall be adhered toin the inverse order of placement on leave: The laid off employee with the most State seniority from the same, similar or related classification series last teacher placed on unrequested leave of absence who is qualified for whom the position does not constitute shall be the first recalled. Subd. 2. The School Board may send out multiple letters of recall for a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the single vacancy, inquiring whether the teachers notified are willing to accept recall to the vacant position if those teachers with superior recall rights do not accept recall to a position. Notice of recall by the School Board shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be complete upon mailing such notice by certified mail addressed to the employee’s last known address provided by the teacher. Subd. 3. Prior to August 1, a teacher accepting or hand delivered rejecting recall shall respond within ten (10) calendar days of notice as to whether or not he/she will accept such position. Failure to reply within such ten (10) calendar days period shall constitute a waiver on the employee with proof part of receiptsuch teacher regarding the position(s) offered and shall constitute waiver on the part of that teacher to any further rights of employment or reinstatement and shall forfeit any further reinstatement or reemployment rights. Employees shall maintain a current address If notice of any available position is given to any teacher on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency or after August 1 of his/her intent to report to work any school year, such teacher must respond within seven (7) calendar days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from may decline the recall and reemployment list if recalled to without waiving his/her original classification rights to further employment or reinstatement and appointment category shall maintain his/her seniority date without interruption. Failure to reply within such seven (type). Except 7) calendar days period shall constitute a waiver on the part of such teacher regarding the position(s) offered and shall constitute waiver on the part of that teacher to any employee declining recall to a different appointment category (type) than that from which he/she was laid off further rights of employment or displaced reinstatement and shall be removed from the recall list for that appointment category (type)forfeit any further reinstatement or reemployment rights.

Appears in 2 contracts

Samples: Master Contract, Master Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure A. Laid-off bargaining unit members shall be adhered to: The laid recalled to vacant positions within the classification from which they were laid-off employee in order of seniority, with the most State seniority from senior being recalled first, to any such position for which they are qualified. A bargaining unit member shall be deemed qualified for the sameposition, provided he/she has: 1. Substituted in a same or similar position for twenty (20) consecutive days 2. Previously held the same or related classification series for whom similar position 3. Been previously trained to do the position does not constitute work, or 4. In the determination of the Employer could satisfactorily perform the work and could be trained within a promotion reasonable amount of time. B. Notices of recall shall be sent by certified or registered mail to the last known address as defined in Article 17, shown on the Employer's records. The recall notice shall state the time and who prior date on which the bargaining unit member is to report back to work. It shall be the bargaining unit member's responsibility to keep the Employer notified as to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, current mailing address. C. A recalled bargaining unit member shall be given five (5) work days from receipt of notice to return to work, unless he/she is otherwise employed and must give his/her other employer notice of resignation. In this event, the Employer will fill the position on a temporary basis until the recalled first bargaining unit member can report for work providing the bargaining unit member reports within twelve (see Appendix I)12) work days from receipt of the original notice of recall. All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be The Employer may extend these time limits at its discretion. D. Bargaining unit members recalled to a position provided for which they are qualified, with equivalent hours of work as previously held, are obligated to take said work. A bargaining unit member who declines recall to an equivalent work/hour position, for which he/she is qualified, shall forfeit his/her seniority rights. Bargaining unit members on layoff shall accrue seniority during the affected employee period of such layoff. Acceptance or refusal of recall to a position which is qualified to perform lower in pay and/or benefits than the duties. Any employee recalled under this Article position from which the bargaining unit member was laid-off shall not serve a new probationary period, except for any employee laid affect his/her rights to recall to an equivalent position. E. Laid-off who was serving an original or promotional probationary period which bargaining unit members shall be completed. Employees shall have retained on the District’s recall rights list for a period of twenty-four three (243) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed calendar years from the recall and reemployment list if recalled time of layoff, after which they shall no longer have any contractual right to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)recall.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Recall. When it is determined The provisions of this Clause are amended by the Agency Letter of Understanding - Layoff and Recall attached to fill a vacancy or to recall this Agreement. In recalling employees in a classification where the layoff occurred(other than probationary employees) who have been laid off, the following procedure terms and conditions shall apply: (a) the employees must be qualified to perform the work made available to them; (b) No new employees shall be adhered to: The hired following a lay-off until those employees who were laid off employee with have been given a reasonable opportunity of recall as follows: (1) the most State Employer shall make every reasonable attempt to contact the employees in order of their seniority from in the same, similar or related classification series for whom Employment Pool and the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, employees shall be recalled first by the Employer in such order provided that they respond within forty-eight (see Appendix I). All employees 48) hours of the initial attempt of the Employer to contact them; (2) upon making contact with an employee, the Employer shall specify the time when the employee shall report for work; (3) an employee who are laid off does not respond within forty-eight (48) hours of the initial attempt of the Employer to make contact, or displaced out of their classification who refuses to report for work shall be placed at the bottom of the list of employees eligible for recall under this clause notwithstanding the employee's seniority in the Employment Pool; (4) an employee notified to return to work shall report at the time and place specified by the Employer for so doing or, in extenuating circumstances, within such extended period of time not exceeding fourteen (14) days from the date of the initial attempt of the Employer to make contact as the General Manager, Human Resource Services may approve, which approval shall not be unreasonably withheld; (5) it shall be the responsibility of all employees who have been laid off and wish to be recalled by the Employer to keep the General Manager, Human Resource Services informed of their respective current addresses and telephone numbers. The Employer shall be considered to have fulfilled its obligations to recall an employee eligible for recall under this clause by attempting to contact the employee at the employee's last known address on the Employer's records; (6) an employee who is laid off and is eligible for recall under this clause shall remain on the recall list by the effective date for a maximum of their layoffsix (6) months. (7) The offer of temporary and/or auxiliary assignments to Regular Full- Time and Regular Part-Time Employees with seniority who have been laid off shall not be considered a recall. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article who accepts such temporary and/or auxiliary work shall not serve receive a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completedfurther layoff notice at the conclusion of such work. Employees shall who decline such work will not be considered to have recall rights for refused a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type).

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Recall. When it is determined by the Agency to fill a vacancy or Any reference to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, rights and who prior recall lists pertains to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All both those employees who are laid off or displaced out of their classification on medical reinstatement, as below: An employee who has been laid off shall be placed on the entitled to recall list by rights for a period of fourteen (14) months from the effective date of their layoff. An employee who is placed on the medical reinstatement list shall be recalled entitled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to months from the employee’s last known address date of employment. Recall under this provision requires that the individual has been certified as fit for duty or hand delivered fit for duty with reasonable accommodation by a medical health care provider statement. The department may, at its own expense, request a second opinion by another health care provider(s) or panel. Should the employee be certified as fit for duty, that employee shall then be considered as laid-off and the provisions of Article 8.16 shall apply. Should that certification occur during the last six (6) months of the twenty- four (24) month period, that employee shall be entitled to recall for a period of six (6) months from the date of that certification. Employees recalled after the initial fourteen (14) month period shall be subject to the employee with proof background check process. If a vacancy occurs in a position, employees on the recall list shall be notified of receipt. Employees shall maintain a current such vacancies at the employee's address on file with the AgencyHuman Resources Department. Recall rights shall The vacancy will be within filled, in accordance with seniority, among current employees and those on the Agency and within recall jurisdictions as outlined in Appendix J. list. If employees on the employee fails recall list elect not to notify the Agency of his/her intent accept an offer to report return to work in the former or a comparable position or fail to respond within seven (7) consecutive days of receipt of the notice offer of recall, he/she they shall forfeit be considered to have terminated or abandoned their right to re-employment and relinquished all recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from If employees on the recall list elect not to accept an offer of a non-comparable position, they may retain their recall rights for the balance of their recall period. As long as any employee remains on the recall list, the Employer shall not newly employ by hiring persons into the affected bargaining unit classification(s), within their department, until all qualified employees holding recall rights to that appointment category (type)affected classification have been offered recall.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall positions become available while there are employees in a classification where the layoff occurredon layoff, the following procedure shall position will be adhered to: The laid off employee with the most State seniority from the sameposted and filled based on interview, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17demonstrated work performance, qualifications, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, seniority of currently working union members. Laid off union employees shall then be recalled first (see Appendix I)by qualifications, department, and classification seniority. All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee Employees shall be recalled to a position of equal or lesser classification in the department when there is more than one employee on layoff. Any exception to the above must be approved by management and the union. 1. Recall for those Employees possessing all the qualifications for available positions shall be in inverse order of layoff. Employees possessing all the qualifications for available positions shall be recalled working by seniority. The Employee with the greatest amount of seniority shall be recalled first; the Employee with the second greatest amount of seniority shall be second, etc., provided the affected employee is qualified to perform Employee has all the dutiesqualifications. 2. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which An Employee shall be completed. Employees shall have recall rights for a period of twenty-four notified by registered mail, return receipt requested, to return to employment and must do so within ten (2410) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) working days of receipt of notice or be considered terminated. 3. It is understood that when an Employee is recalled she/he must accept the notice of recallposition for which she/he is being recalled, heprovided she/she shall forfeit recall rightshe is qualified for the position. Likewise, if the recalled employee does not actually return Refusal to work within thirty (30) days, recall rights do so shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to hisinterpreted as termination unless she/her original classification and appointment category (type). Except that any employee declining recall he is physically and/or emotionally disabled to a different appointment category (type) than that degree which prevents her/him from which he/she was laid off or displaced performing the normal duties of the position. Such disability must be verified by a physician’s statement. The Board may request another physician's opinion at the Board’s expense. In addition, an Employee shall be removed from remain on the recall list for that appointment category a period equal to her/his seniority, but not to exceed two (type)2) years. 4. In the event a part-time position becomes open, employees on layoff shall be given first opportunity to fill such a position. Accepting such a position shall not jeopardize the Employee's recall rights to a full-time position.

Appears in 2 contracts

Samples: Master Contract, Master Contract

Recall. When it 1. Any limited contract bargaining unit member whose contract is determined by suspended will remain on a recall list for twelve (12) months after the Agency effective date of the reduction. Exceptions to fill the provision will occur only if the bargaining unit member: a. waives recall rights in writing; b. resigns; or c. takes full-time employment with another district; or d. fails to accept a vacancy or recall to recall employees in a classification where position for which he/she is licensed/certificated. 2. All benefits to which a bargaining unit member was entitled at the layoff occurredtime of contract suspension including unused sick leave, will be restored upon his/her return to employment and he/she will be placed on the following procedure shall be adhered to: The laid off employee with proper step of the most State seniority from the same, similar or related classification series salary schedule for whom the his/her current position does not constitute a promotion as defined in Article 17, and who prior according to his/her layoffexperience and education. 3. A bargaining unit member will not receive increment credit for time spent on contract suspension, held nor will such time count toward the fulfillment of time required for acquiring tenure. 4. When there is a classification which carried with it the same or higher pay range as the vacancy, shall a bargaining unit member whose contract has been suspended will be recalled first (see Appendix I)prior to posting and filling the vacancy with preference given to teachers with continuing contracts. All employees In recalling teachers, the Board will not give preference to any teacher based on seniority except when making a decision between teachers who are laid off have comparable evaluations. Any bargaining unit member RIF’d prior to or displaced out during the term of this contract will be considered comparable for the remainder of their classification shall time on the recall list. 5. A bargaining unit member will be placed notified of recall by certified mail and telephone at his/her last known address. Failure to accept the offer of recall within two (2) weeks of the date of its mailing will result in a waiver of reinstatement. 6. No bargaining unit member new to the District will be employed for a position until all properly certificated/licensed RIF’d bargaining unit members on the recall list have been offered said position and have rejected or otherwise waived their right to that position. 7. A bargaining unit member on the RIF list will be given priority consideration as a substitute in the District. 8. Laid off teachers shall have the right to pay the appropriate premium for group life, hospitalization and other group insurance benefits in accordance with COBRA. 9. The Board of Education shall not contest unemployment compensation requests by the effective date of their layoff. An employee shall be recalled employees whose contracts are suspended due to a position provided RIF unless the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary periodemployee, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recallreason other than their RIF status, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list is otherwise ineligible for that appointment category (type)unemployment compensation.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency The following shall apply only to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure laid off Employees who have elected this process. (a) Laid off Employees shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series eligible for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twentytwelve (12) months following their effective date of layoff. (b) The Municipality shall make every reasonable attempt to contact and recall laid off Employees in order of seniority, subject to their qualifications. It is the responsibility of the Employee to notify the Human Resources Department of any change of address and other contact information. (c) The Municipality shall specify the time when a laid off Employee shall return to work. A laid off Employee who has accepted the Municipality's recall but who does not report to work within forty-four eight (2448) months. Notification hours of recall or who refuses such a recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions treated as outlined in Appendix J. follows: (i) If the employee fails to notify the Agency of his/her intent failure to report to work within seven forty-eight (748) days of receipt hours of the notice of recall is the Employee’s first failure to report to work for a recall, he/she then the Employee shall forfeit recall rights. Likewisebe moved to the bottom of the eligibility list, however, if this is not the recalled employee does not actually return Employee’s first failure to work within thirty (30) daysreport following recall, i.e., there has been one previous failure to report on the Employee’s part, then the Employee shall no longer be eligible for recall rights and shall be forfeiteddeemed terminated. Any employee accepting or declining The Municipality may extend these time limits where extenuating circumstances exist. (ii) A. If a laid off Permanent Full-time Employee refuses a recall to Permanent Full-time employment, then the same, similar or related classification series Employee shall no longer be eligible for recall and the shall be deemed to be terminated. The same appointment category (type) from which the employee was also applies to a laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining Permanent Part-time Employee who refuses a recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)Permanent Part- time employment.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Recall. When it is determined by the Agency to fill a vacancy or Regular employees who have been laid off shall be subject to recall to regular job openings in their former classification in inverse order of seniority prior to any job posting or hiring of outside applicants. Regular employees in a classification where on layoff shall not accrue but shall retain past service credits for seniority, wage and benefit purposes for the layoff occurred, the following procedure duration of time that they are subject to recall. Notice of recall shall be adhered to: The laid off mailed to the last known address of the employee. It shall be the responsibility of the affected employee to provide the Court with the most State seniority their current mailing address and telephone number. An individual may remain subject to recall for up fourteen (14) months from the samedate of layoff. If an individual has not been recalled upon the expiration of fourteen (14) months, similar or related classification series for whom all rights to rehire shall cease. Laid off regular employees, in addition to their rights to be recalled, shall have the position does not constitute a promotion right to become non-regular employees and shall be placed within the non-regular pool at the top of the call-in list consistent with their seniority as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I)7.1. All If employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled elect not to a position provided the affected employee is qualified accept two (2) offers to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report return to work in the former or a comparable position or fail to respond within seven (7) consecutive days of receipt of the notice offer of recall, he/she they shall forfeit be considered to have terminated or abandoned their right to re-employment and relinquished all recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from If employees on the recall list decline to accept an offer of a non- comparable position, they may retain their recall rights for that appointment category (type)the balance of their recall period. As long as any employee remains on the recall roster the Court shall not newly employ by hiring persons into the bargaining unit until all qualified employees holding recall rights have been offered recall, as above, to any vacant positions for which they are qualified. A copy of the recall roster shall be provided to the Union, upon request.

Appears in 2 contracts

Samples: Working Agreement, Working Agreement

Recall. When it is determined by the Agency to fill (a) Whenever a vacancy occurs, Employees who are on layoff in that classification or to recall employees in a classification group (where the layoff occurred, the following procedure applicable) shall be adhered to: The recalled in accordance with their bargaining unit seniority. If a vacancy occurs where no Employee in that classification or group (where applicable) has recall rights, then the laid off employee Employee with the most State bargaining unit seniority from will be recalled if he/she has the sameability to do the work and if not, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17next senior Employee will be recalled, and so on. (b) Probationary Employees who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are have been laid off or displaced out of their classification shall be placed have no recall privileges. (c) A part-time Employee on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees layoff shall have recall rights to a full-time position only if he/she is willing to work the required full-time schedule of hours. (a) It is agreed in principle that for a period the purpose of twenty-four (24) months. Notification applying seniority to recalls and to vacant positions and to layoffs, Employ- ees in job classifications of recall similar types and requiring similar skills shall be grouped together. This provision shall be implemented on an Employer-by-Employer basis. (b) The Employer shall use its best efforts to place permanent Employees designated to be laid off into vacant positions for which they are qualified if they can fully perform the job. (c) In the event of a layoff of any Employee, there shall occur only one “bump” in the Employer. The only Employee who may be bumped by certified mail the Employee originally scheduled to be laid off shall be the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file Employee with the Agencyleast bargaining unit seniority who is in the classification or group (where applicable). Recall rights An Employee who is “bumped” shall himself/herself have no bumping rights. In the event the Employee originally scheduled to be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails laid off does not wish to notify the Agency of exercise his/her intent right to report to work within seven “bump” the Employee with the least bargaining unit seniority who is in the classification or group (7) days of receipt of the notice of recallwhere applicable), he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights such Employee shall be forfeited. Any employee accepting or declining recall deemed to the same, similar or related classification series and the same appointment category (type) from which the employee was be laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)off.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined 1. An employee who has been officially notified of their impending layoff or reduction in hours shall, beginning forty (40) days prior to the effective date of layoff and continuing for two (2) years from the effective date of layoff, retain recall rights to any new or vacant classified position to be filled by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurredCollege at which they were laid off, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the provided such position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it is at the same or higher lower pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off and the employee meets the minimum qualifications for the position and possesses the required knowledge, skills and abilities. 2. For an additional year beyond that specified in Section 1 above, an employee who is on layoff status or displaced whose hours have been reduced shall be removed notified of any new or vacant position to be filled by the College at which they were laid off, provided such position is at the same or lower pay range as the position from which the employee was laid off. 3. The College shall notify the employee of such new or vacant positions as specified in Sections 1 and 2 above, provided, however, that it is the responsibility of the employee to keep the College advised of their current address. 4. Recall offers shall be made to the most senior employee on recall status who meets the minimum qualifications and has the required knowledge, skills, and abilities for the position being offered. The employee shall have five (5) calendar days in which to advise the College whether the employee will accept the position. If declined the position shall be offered to the next most senior person on the recall list. 5. An employee recalled in accordance with this Article shall be paid the rate of pay being received at the time of layoff or reduction in hours, plus any general wage increases which would have been received had the layoff or reduction in hours not occurred and/or any increases related to an adjustment to the pay range or compensation plan. 6. An employee who is recalled shall earn all benefits at the rate they earned such benefits upon layoff or reduction in hours, plus any adjustments which they would have earned if continuously employed. 7. An employee who is laid off or reduced in hours and reemployment list if later recalled in accordance with this Article shall renew their employment relationship with the College at the same level of seniority they had at the time of layoff from which point seniority shall again begin to his/her original accrue. 8. An employee recalled under the terms of this Article shall have their full sick leave accrual reinstated upon recall. 9. Once an employee has been recalled into a new or vacant position, the employee shall have no further recall rights absent a subsequent layoff or a resignation under the paragraph 10. 10. An employee who accepts recall into a classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) other than that from which he/she was they were laid off or displaced reduced in hours and who is unable to perform the duties of the new position shall be removed entitled to resign from such position within ninety (90) days of accepting the position and shall retain all remaining rights as detailed in this Article. 11. The Colleges shall send copies of all recall list for that appointment category (type)notices to the Federation President.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All Seniority employees who are laid off or displaced out bumped under this Article shall have their seniority frozen in the department as of their classification last day worked. Such employees shall be placed on permitted to return to their former classification, pay grade and department if a vacancy should occur within three years of the recall list by the effective date of their layofflast day worked. An employee Employees shall be recalled to a position provided their respective classification and pay grade in their respective departments in the affected employee is qualified to perform the dutiesreverse order of their release. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification Such notice of recall shall be delivered by certified mail mail, return receipt requested, to the employee’s 's last known address or hand delivered mailing address. A copy of an employee's notice of recall shall be sent to the Chief Xxxxxxx. Each recalled employee with proof must report for work within ten workdays of receiptmailing of notice of recall. Employees shall maintain If a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the recalled employee fails to notify the Agency of his/her intent to report to work within seven ten (710) days workdays, he shall be considered as having voluntarily quit. The employee with the most bargaining unit seniority on layoff shall be given preference over non-bargaining unit applicants in consideration for any posted vacancy within the bargaining unit, provided he meets the minimum qualifications for the position. An employee who is laid off and bumped into a new position shall have his rate of receipt pay frozen if that rate is within the minimum/maximum of the notice new classification. The employee’s rate shall move to the next step in the new classification at the same time the employee would have moved to the next rate in his former classification. If the employee’s frozen rate is not within the minimum/maximum of recallthe new classification, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights then he shall be forfeited. Any employee accepting or declining recall to placed at the same, similar or related classification series and maximum rate specified for the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)new classification.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it a. Teachers whose continuing contracts or limited contracts are suspended shall immediately be placed upon a RIF list. Teachers on the recall list shall be offered re-employment to positions for which they are certified in the order of seniority at the time their contract was suspended. A teacher who is determined recalled after having their contract suspended pursuant to the RIF procedure, shall have seniority restored for the period during which they are on the recall list. No new teachers shall be employed by the Agency to fill Board while there are teachers on the recall list who are certified for any opening of a vacancy or to teaching position. b. Notice of recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17given by telephone, and who prior registered mail to histhe last telephone number or last address given by the teacher to the Board. It shall be the responsibility of the teacher to keep the Board advised in writing of a telephone number and mailing address at which he/her layoff, held a classification which carried with it she can be reached. c. Teachers notified on or before April 30 that their limited contracts are being suspended or that their continuing contracts are being suspended for the same or higher pay range as the vacancynext school year, shall be recalled first (see Appendix I)offered re-employment based upon seniority should openings occur for which they have the necessary certification during the period that they are on the recall list. All employees who are laid off or displaced out of their classification shall be Limited contract teachers placed on the recall list and not recalled shall remain on the recall list for 48 months beginning September 1, or any additional fraction of a month thereof up to and including the first day of the fifth school year following notification of RIF. Teachers who are offered but who decline re-employment for such an opening need not be offered re- employment again in openings which may occur after the teacher's declination of re- employment. Teachers not offered re-employment during the period for which they remain on the recall list as defined in this Section must make application for employment in accordance with established procedures if they desire to be considered for employment any time after which their name is removed from the recall list. Such teacher shall be hired as a new employee due to a break in continuous service and shall be granted seniority as a new employee. The rights herein granted to a teacher with a suspended limited contract shall be forfeited by the effective date of their layoffteacher should he/she: 1. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of Waive his/her intent recall rights in writing; 2. Resign; 3. Fail to accept recall as provided for herein; or 4. Fail to report to work in a position that he/she has accepted within seven five (75) school days of after receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the unless such recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting teacher is prohibited from doing so because of physical illness or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)injuries.

Appears in 2 contracts

Samples: Master Contract, Master Contract

Recall. When it A. The Hospital shall maintain separate lists by nursing unit of employees laid-off and employees who accepted a demotion, transfer or shift change in lieu of layoff. Each employee’s name shall remain on such list for a period not to exceed one year. An employee’s name may be removed from such list prior to one year at the request of the employee, if he or she moves from the area, or is determined by the Agency otherwise unavailable for recall (ex., unable to fill work due to a disability, retirement, etc.). B. Whenever a vacancy or to recall employees occurs in a classification where nursing unit, employees who are laid off in that nursing unit shall have first consideration for recall to the position in accordance with seniority and the ability to do the job. If the vacancy occurs in a nursing unit in which there are no laid off employees, then employees from that nursing unit who in lieu of layoff occurred, the following procedure accepted a demotion or transfer to another position or shift shall be adhered to: given the opportunity to return to the nursing unit prior to recalling employees previously laid off from other nursing units. C. The rules outlined above shall then apply to any vacancy which occurs while there are individuals on the recall list. If the vacancy exists in a nursing unit where there is neither a person previously laid off nor a person who was demoted or transferred, then the laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall will be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed if she/he has the skills and abilities to perform the job and if not, the most senior employee on the recall list by who has such skills and abilities will be recalled. Any recalled employee who was subject to an unsatisfactory performance review or disciplinary action at the effective date time of their layoff. An employee layoff shall return with the prior steps in place and shall be recalled subject to a position provided continued review as warranted by performance or conduct upon return. D. Senior part-time employees on the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees recall list shall have recall rights to a full-time position only if he/she is willing to work the required full-time schedule of hours. E. Provisional employees shall have no recall privileges. F. Right to recall is terminated when: (i) the employee is recalled and reports to work; (ii) the employee applies for a period of twenty-four posted position with the Hospital and is selected for the opening; (24iii) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain is offered and refuses to accept a current address on file with position upon recall; (iv) more than 365 days has passed since the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If layoff; (v) the employee fails to notify the Agency of his/her intent to report to work within seven three (73) consecutive days of receipt receiving a verified notice of recall; (vi) on the date the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall is returned to the sameHospital as undeliverable or unsigned, similar or related classification series and the same appointment category (typevii) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be has been removed from the recall list for that appointment category (type)as permitted in this Article.

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

Recall. When it is determined Except as otherwise provided in this Section, no new teacher shall be employed by the Agency Employer while there is available on unrequested leave of absence, a teacher who is properly qualified and licensed to fill a vacancy the vacant position. A teacher placed on unrequested leave of absence shall be recalled, as positions become available, to the position from which such teacher was placed on leave or to recall employees in a classification where the layoff occurred, the following procedure any other position for which such teacher is qualified and licensed. Reinstatement shall be adhered toin the inverse order of placement on leave: The laid off employee with the most State seniority from the same, similar or related classification series last teacher placed on unrequested leave of absence who is qualified and licensed for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled the first (see Appendix I)recalled. All employees who are laid off or displaced out Notice of their classification recall by the Employer shall be placed complete upon mailing such notice by restricted delivery mail addressed to the last known address provided by the teacher to the office of the Director of Human Resources, or by personal delivery, with a copy of such notice sent simultaneously to the Union. If notice of recall is given to any teacher on or after August 16 of any school year, such teacher shall have the recall list by right to defer the effective date of their layoffreturn to actual service until the beginning of the next succeeding school year; provided, however, that any teacher so deferring the date of return to actual service shall sign an individual teacher contract for such next succeeding school year. An employee A teacher who was granted an approved leave of absence prior to placement on unrequested leave of absence shall also have the right to defer the effective date of recall to return to actual service until the expiration date of the original approved leave of absence, but must sign an individual contract for the return to work. Teachers with current classroom teaching assignments shall not be recalled eligible to return to a position mid-year vacancy occurring after September 15, but shall have the effective date of return to actual service deferred to the beginning of the next succeeding school year, provided the affected employee is qualified to perform the dutiesthat such teacher shall sign an individual teacher contract for such next succeeding school year. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of teacher accepting recall shall be notify the Employer of such acceptance in writing, by certified mail mail, including notification of any election to defer the employee’s last known address or hand delivered effective date of return to actual service, within 15 calendar days after the employee with proof date of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt mailing of the notice of recall. In the event a teacher accepts recall but the effective date of return is deferred, he/she the Employer shall forfeit be free to fill the vacant position on a temporary basis from any source, without regard to teachers remaining on unrequested leave of absence. The Employer shall also be free to fill any position on a temporary basis pending completion of the recall rightsprocedure. Likewise, if the recalled employee does A teacher on unrequested leave of absence shall not actually return to work within thirty (30) days, lose recall rights shall be forfeited. Any employee accepting or declining recall by reason of refusal to the same, similar or related classification series and the same appointment category (type) from accept a position for which the employee was laid off or displaced shall be removed from teacher is qualified and licensed which has fewer hours per week than contracted for at the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)time of being placed on unrequested leave of absence.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the A. Recall of Employees on layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights status for a period of twenty-twenty four (24) monthsmonths or less shall be in the reverse order of layoff. Notification of recall shall be issued by certified mail the City to the employee’s last known address or hand delivered to of the employee with proof Employee by simultaneously mailing such notice of receiptrecall by certified mail, return receipt requested and by ordinary mail. Employees shall maintain a current address on file with the Agency. Recall rights It shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails responsibility of each Employee to notify the Agency City of his/any change of address for such Employee. The City shall not be liable for the failure of any Employee to receive notification of recall if such notice is properly addressed and mailed to the last known address of the Employee involved with sufficient postage affixed. A copy of such notice shall be sent to the Union by certified mail. B. Employees will be allowed 48 hours from the date such notice of recall is received but no later than fourteen (14) calendar days from when such notice of recall was sent to notify the City of their intention to accept such recall. Acceptance of the recall shall be communicated to the City by the Employee involved contacting the City or the City's Secretary by: 1) telephone or 2) by delivering written acceptance of the recall within the time required. Employees who timely accept the recall shall report to work at such time as may be directed by the Manager, no later, however, than ten (10) working days following the date the Employee timely notifies the City of his or her intent acceptance of the recall as provided in this subparagraph B, except by mutual agreement between the Manager and the Employee. C. If an Employee fails to timely respond to the recall notice issued under the provisions of Section 2, subparagraph A above, or if the Employee fails to report to work within seven (7) days the time specified under the provisions of receipt Section 2, subparagraph B above, the City may withdraw its offer of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return issued to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series such Employee and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced such Employee shall be removed from the recall list and not be eligible for that appointment category (type)recall.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure An employee who has been laid off shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior entitled to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four eighteen (2418) monthsmonths from the effective date of his/her layoff. Notification of If a vacancy occurs in a position, employees on the recall list shall be by certified mail to notified of such vacancies at the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current 's address on file with the AgencyHuman Resources Department by certified mail. Recall rights shall The vacancy will be within filled, in accordance with seniority, among current employees and those on the Agency and within recall jurisdictions as outlined in Appendix J. list. If employees on the employee fails recall list elect not to notify the Agency of his/her intent accept an offer to report return to work in the former or a comparable position or fail to respond within seven (7) consecutive days of receipt of the notice offer of recall, he/she they shall forfeit be considered to have terminated or abandoned their right to re-employment and relinquished all recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from If employees on the recall list elect not to accept an offer of a non-comparable position, they may retain their recall rights for the balance of their recall period. Upon acceptance of an offer of recall and commencement of employment within 21 days by a qualified employee, the recall list process is fulfilled as to that appointment category vacancy. As long as any employee remains on the recall list, the Employer shall not newly employ by hiring persons into the bargaining unit until all qualified employees holding recall rights have been offered recall, as above, to any vacant positions for which they are qualified. It shall be the responsibility of the affected employee to provide the Employer with their current mailing address and telephone number. A copy of the recall list shall be provided to the Association upon request. A person on the recall list who is re-employed in a regular position with the Employer shall serve a probationary period only for the period of probation remaining unserved at the time of the layoff. There shall be no probationary requirement for persons returning to their former position if the initial probationary period has been completed. Employees shall not lose seniority as a result of layoff for a period of up to eighteen (type)18) months; provided, however, that no seniority shall be accrued during the period of layoff, or during the time of temporary employment.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it (a) Any teacher whose employment is determined by severed as a result of the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out elimination of their classification teaching position(s) shall be placed on the recall list by the effective date of their layoff. An employee a Recall List. (b) Tenured teachers shall be recalled to a position before non-tenured teachers provided that they are certified as defined by the affected employee is qualified to perform Connecticut State Department of Education in an area in which an opening occurs. (c) Within the duties. Any employee recalled under this Article category of tenured teachers, the Board shall not serve a new probationary periodfirst recall those teachers with the most seniority based upon the most recent date of employment in the bargaining unit in the Meriden Public Schools provided they are certified as defined by the Connecticut State Department of Education in an area in which an opening occurs. (d) In the event an opening occurs for which there are no certified tenured teachers on the Recall List, except for any employee laid off who was serving the Board shall recall those non-tenured teachers with the most seniority based upon the most recent date of employment in the Meriden Public Schools, provided they are certified as defined by the Connecticut State Department of Education, in the area in which an original or promotional probationary period which opening occurs. (e) Teachers shall be completed. Employees retained on the Recall List according to the following: (1) Teachers who have completed three (3) or less continuous years of service in the Meriden Public Schools shall be retained on the Recall List for two (2) years. (2) Teachers who have recall rights begun or surpassed their fourth (4th) continuous year of service in the Meriden Public Schools shall be retained on the Recall List for a period of twenty-four (244) months. Notification of recall years. (3) All teachers on the Recall List shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails required to notify the Agency Superintendent, in writing, of histheir intention to remain on the Recall List for the following year, if eligible in accordance with the above, before January 1st of the preceding school year. If the Superintendent is not notified by the specified date, the teacher will automatically be removed from the Recall List. (f) In the event that a teacher who is recalled has not taught in the general category and particular assignment covering the position to which he/her intent she is recalled, the provisions of Paragraph 16.3(e) and (f) shall apply. A notice of vacancy shall be sent to report the President of the Federation and the teacher at the last address filed with the Board of Education. Teachers who are not living at their permanent residence due to work travel or other reasons are encouraged to inform the administration of this fact to effectuate this notification provision. A teacher shall respond to such notice within seven (7) days of receipt the date of mailing and shall report to work on the notice day the position becomes available. A teacher who fails to fill a position with the same or a greater number of recall, hefull-time teaching equivalents than his/she her previous position shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type).

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it ‌ 1. For purposes of this section a “vacancy” is determined by a position that remains open after the Agency posting and bidding process has been exhausted. 2. In the event a job vacancy exists in a job classification from which employees on the layoff list have been laid off, the most senior such employee shall be offered the position. Such employee may refuse recall to fill the classification with no penalty; however, if such employee refuses a recall to his former bid in the classification, the employee will be considered to have voluntarily quit. The vacancy or to recall will not be posted for bids until all employees in the job classification who are on the layoff list have been given the opportunity for recall. 3. In the event a job vacancy exists in an open classification, the most senior employee on the layoff list shall be offered the position. If the vacancy is not in the classification from which the senior employee was laid off (layoff classification), the employee may refuse recall. The vacancy will not be posted for bids until all employees in the job classification who are on the layoff list have been given the opportunity for recall. 4. An employee who has bumped into a classification where the other than his layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed listed on the layoff list and shall retain the right to be recalled to his layoff classification. When an employee’s former job bid becomes vacant, the employee will be returned unless he has since bid to another position. 5. Employees shall retain the right to recall list by for two (2) years following the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. 6. Employees shall have recall rights for a period of twenty-four (24) months. Notification be notified of recall shall be by certified mailing a notice by registered mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the AgencyBoard. Recall rights shall be within An employee must reply to the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work notice within seven (7) calendar days of receipt of the date the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)is mailed.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it Teachers selected for non-renewal shall immediately be placed upon a RIF list compiled from the seniority lists provided for in section “B-3”. Teachers non- renewed for performance reasons shall not appear on the list. A teacher whose name appears on the RIF list shall be offered re-employment when a position becomes available for which he/she is determined certified/licensed, subject to the exceptions provided for in “B”. Subject to the exceptions provided for in “B”, teachers on the RIF list shall be offered re-employment to positions for which they are certified in the order of seniority at the time they are non-renewed. No new teachers shall be employed by the Agency Board while there are teachers on the RIF list certified/licensed for any opening of a teaching position, subject to fill a vacancy or to the exceptions provided for in “B”. Said recall employees in a classification where the layoff occurred, the following procedure rights shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four three (243) monthsyears from the date of the reduction in force. 1. Notification Notice of recall shall be given by certified telephone, telegram, or registered mail to the last telephone number or last address given by the certificated/licensed employee to the Board. It shall be the responsibility of the certificated/licensed employee to keep the Board advised in writing of a telephone number and mailing address at which he/she can be reached. 2. Subject to the exception provided in “B”, certificated/licensed employees notified on or before June 1st that their limited contracts are not being renewed for the next school year, shall be offered re-employment based upon seniority should openings occur in the course of that next school year and the school year subsequent to the next school year for which they have the necessary certification/licensure. Certificated/licensed employees who are offered, but who decline re-employment for the current year, but decline due to having temporary teaching employment, shall be offered re-employment in openings which may occur after the certificated/licensed employee’s last known address declination or hand delivered re-employment. Certificated/licensed employees offered re-employment in neither the course of the school year following their non-renewal nor in the school year subsequent thereto, must make application for employment in accordance with established procedures if they desire to be considered for employment in any school year after the employee with proof school year following notice of receiptnon-renewal and the school year subsequent thereto. Employees shall maintain The rights herein granted to a current address on file with the Agency. Recall rights non-renewed teacher shall be within forfeited by the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of teacher should he/she: a. Waive his/her intent recall rights in writing b. Resign c. Fail to accept recall as provided for herein, and d. Fail to report to work in a position that he/she has accepted within seven five (75) school days of after receipt of the notice of or recall, he/she shall forfeit recall rightsunless recalled teacher is prohibited from doing so because of physical illness or injuries. 3. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights Seniority shall be forfeiteddetermined by the length of continuous service in the local district. Any employee accepting If two or declining recall to the same, similar or related classification series and more teachers have the same appointment category (type) from length of continuous service, then seniority will be determined by: a. The date of the Board meeting at which the teacher was hired, and then by b. The date on which the teacher submitted a signed contract c. Total years experience in any district d. Performance 4. Length of continuous service will not be interrupted or affected by authorized leaves of absence, but time spent on such leave shall not count toward seniority. 5. A certificated/licensed employee was laid off or displaced whose contract is suspended as a result of a RIF program shall be removed from given written notification, by registered mail. The notification shall occur prior to June 1st of the recall year that the RIF program is to be implemented. The notification shall state the reason(s) for the reductions and reemployment list if recalled to hisreason(s) for the selection of said certificated/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (typelicensed employee(s). 6. Contract suspensions will be effective at the end of the employee’s designated contract year.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure 1. The Association shall be adhered to: The informed of a contemplated reduction in personnel and shall have the opportunity to comment and recommend to the Board regarding said layoff. 2. No teacher shall be laid off employee with except by providing written notice thereof at least forty (40) calendar days prior to the most State effective date of the layoff. 3. Probationary teachers shall be laid off first, in reverse order of seniority from the sameprovided there are fully qualified, similar or related classification series for whom the position does not constitute a promotion fully certified teachers, as defined in Article 17VIII, section E, to replace and perform all the duties of the laid off teachers. 4. If reduction is still necessary, then teacher(s) in the specific positions being reduced or eliminated will be laid off. However, such teacher(s) shall be placed in the position for which he/she is fully qualified and certified, as defined by Article VIII, section E, which is held by the least senior teacher. 5. Qualifications are defined in Article VIII, Section E. 1. In cases of recall, tenured teachers on layoff shall be recalled to vacancies on the basis of seniority provided those being recalled are fully certified and fully qualified, as defined by Article VIII, section E, for the positions being filled. A “vacancy” shall be defined as in Article VIII, A. 2. The Board shall give written notice of recall from layoff by sending a registered or certified letter to said teacher, at his/her last known address, and who prior by sending written notice to the Association. It shall be the responsibility of each teacher to notify the Board of any change in address. The teacher’s address as it appears on the Board’s records shall be conclusive when used in connection with layoffs, recall or other notice to the teachers. The Board’s obligation regarding recall of a teacher shall be fully satisfied if the notice of recall is sent to the Association and the teacher’s last known address. 3. Failure to notify the employer of their intent to return to work on the date specified by the recall notice within fifteen (15) calendar days of the date the recall notice was sent shall result in said teacher’s name being removed from the recall list and shall conclusively be deemed to constitute the teacher’s resignation. 4. If a probationary teacher is not recalled within two (2) years from the effective date of his/her layoff, held the teacher shall lose all seniority and recall rights. If a classification which carried with it the same or higher pay range as the vacancy, shall be tenured teacher is not recalled first within four (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by 4) years from the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of layoff, the notice of recall, he/she teacher shall forfeit lose all seniority and recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type).

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees a) Employees who are laid off or displaced out of their classification shall be placed on the a recall list by and shall accrue service and seniority for a maximum of thirty-six (36) months. (b) Where the effective date Employer determines that it needs to recall staff, employees laid off shall be recalled in reverse order of their layoff. An Notwithstanding the foregoing, i. A full-time employee shall must accept a recall to a full-time position and/or a part-time position, as required, although recall to a part-time position will not extinguish the right to recall to a full-time position should one become available during the layoff. A full-time employee may decline recall to a part-time position without abandoning his or her recall rights where there is a part-time employee or more junior full-time employee on recall who is available to do the work required and otherwise must return or waive his or her rights; ii. A part-time employee must accept a recall to a part-time position, as required, and iii. A part-time employee may not be recalled to a position provided full-time position; and iv. Employees must indicate within forty-eight (48) hours of the affected recall notice that he or she is willing and able to return to work within the next seven (7) days or the employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completeddeemed to have refused recall and seniority rights. (c) An employee and the Employer may agree during the recall period to elect to terminate the employment relationship, and the employee would receive any severance to which he or she is entitled under the Employment Standards Act. Employees The employee will then be removed from the recall list and the Employer shall have recall rights for a period of twenty-four no further obligation with respect to this employee. (24d) months. Notification Notice of recall shall be by certified mail telephone and, if the employee cannot be reached, shall be sent by next day courier to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights and shall be within deemed delivered at 10:00 AM on the Agency and within recall jurisdictions as outlined in Appendix J. If following business day regardless of actual delivery. It shall be the employee fails employee’s responsibility to notify keep the Agency Employer advised of his/her intent to report to work within seven current telephone number and address at all times. (7e) days In the event of receipt of recall the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights Union shall be forfeited. Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)notified.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Recall. When it is determined by the Agency to fill a vacancy (a) Employees or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All former employees who are laid off or displaced out of their classification shall be placed on the recall layoff list by the effective date of their layoff. An employee classification shall be recalled to a available vacancies in seniority order beginning with the person with the highest seniority. If the position provided the affected employee is not filled in that manner, it shall be offered in seniority order to other persons on layoff lists for classifications with higher salary ranges. Such persons must be qualified to perform those duties. (b) Former employees who are rehired from the dutiesrecall list into the same department and classification previously held will serve no probationary period assuming the former employee had successfully completed the probationary period at the time of lay-off. Any If the rehired employee recalled under this Article shall had not serve a new completed the six (6) month probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail to the employee’s last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rightswill be on probation for the length of time required to complete the six (6) months. Likewise, if the recalled An employee who does not actually return to work within thirty pass the six (306) days, recall rights shall month probationary period will not be forfeited. Any employee accepting or declining recall returned to the same, similar or related classification series and the same appointment category recall list. (type1) from which the employee was laid off terminated from a position that did not make them whole, and (2) the termination is overturned through the grievance arbitration process. (c) Former employees will be required to provide the City with a current address in order to be eligible for recall. Employees or displaced former employees will have five (5) calendar days from receipt of an offer of recall to accept or reject the offer. Employees or former employees who fail to respond to the recall offer in the designated time period shall be removed deemed to have rejected the offer. (d) A person’s name shall remain on the layoff list for two (2) years unless the following condition is met: The person has been offered a position(s) from the recall layoff list which makes the person whole in terms of former salary grade and reemployment list if recalled to his/her original number of hours. Make whole is defined as the employee or former employee being offered a position in the same classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which with the same budgeted hours as he/she was laid off or displaced shall be removed from had at the recall list for that appointment category (type)time of lay-off.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure ‌ A. Recall shall be adhered to: The laid in inverse order of lay-off. B. Laid-off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee faculty members shall be recalled to a position provided fill any full-time faculty positions within the affected employee is College that they are qualified to perform teach in order of College seniority, with the dutiesmost senior laid-off full-time faculty member being recalled first, provided that such position openings occur within two (2) years of the date the full-time faculty member was laid off. Any employee recalled under this Article Recalled faculty members return with tenure, rank, and years in rank as of the date of lay-off intact. C. The College shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification provide notice of recall shall be by certified mail to the employee’s faculty member at the last known address or hand delivered to of record maintained by the employee with proof of receiptHuman Resources Department. Employees shall maintain The displaced faculty member is responsible for maintaining a current address on file with the Agency. Recall rights shall be within Human Resources Department. D. Failure of the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails faculty member to notify the Agency College of his/her an intent to report return to work in response to the offer of recall within seven thirty-one (731) calendar days of documented receipt of the notice of recall, he/she shall forfeit recall rights. Likewiseor receipt of notice of failed delivery, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting or declining recall to the sameconsidered a voluntary termination of employment. E. Once all full-time tenured faculty members have been recalled, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced non-tenured full- time faculty members shall be removed from recalled in like manner. F. A home department is obligated to take back a transferred faculty member before hiring a new faculty member or part-time faculty member in the recall and reemployment list if recalled to area of his/her original classification and appointment category (type)competency. Except that any employee declining recall However, the return to a different appointment category (type) than that from which he/she was laid off or displaced the home department must be acceptable to the transferred faculty member. G. No adjunct faculty, temporary faculty, nor other individuals shall be removed from the recall list for that appointment category (type)rehired, nor H. Non-bargaining unit employees shall not fill a lay-off vacancy while a RIF situation is in effect. I. No subcontracting or out-sourcing of bargaining unit work shall occur during a RIF situation.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure A. Teachers selected for suspension shall be adhered to: The laid off employee with the most State seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall immediately be placed on a recall list. Teachers non-renewed for performance reasons shall not appear on this list. A teacher whose name appears on the recall list by shall be offered the effective date vacant position within ten (10) days of their layoffretirement, resignation, suspension, demise, non-renewal or termination of an employee teaching in an area for which said teacher is certified/licensed. An Said teacher shall be recalled under the foregoing provision regardless of his/her employment status at the time of recall subject to the exceptions provided for in Section 5.04 above. A certificated/licensed employee shall need not be recalled to a position provided which becomes vacant after May 1 for the affected employee is qualified remainder of that school year. Teachers on the recall list shall be recalled to perform positions for which they are certified/licensed in the dutiesreverse order of their suspension. Any employee recalled under this Article No new teachers shall not serve a new probationary period, except be employed by the Board while there are teachers on the recall list who are certified/licensed for any employee laid off who was serving an original or promotional probationary period which shall be completedopening of a teaching position, subject to the exceptions provided for in Section 5.04 above. 1. Employees shall have recall rights for a period of twenty-four (24) months. Notification Notice of recall shall be given by telephone or certified mail to the last telephone number or last address given by the certificated/licensed employee to the Board. It shall be the responsibility of the certificated/licensed employee to keep the Board advised in writing of a telephone number and mailing address at which he/she can be reached. B. Subject to the exception provided for in Section 5.04 above, certificated/licensed employees notified on or before June 1 that their contracts are being suspended for the next school year shall be offered recall based upon seniority and area of certification/licensure. Certificated/licensed employees who are offered but who decline recall for such an opening need not be offered recall again in openings which may occur after the certificated/licensed employee’s last known address or hand delivered declination for recall. The rights herein granted to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights suspended teacher shall be within forfeited by the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of teacher should he/she (1) waive his/her intent recall rights in writing, (2) resign, (3) fail to acknowledge acceptance of recall within three (3) days after receipt of written notice of recall, and (4) fail to report to work in a position that he/she has accepted within seven five (75) school days of after receipt of the notice of recall accepting the recall opportunity, unless such recalled teacher is prohibited from doing so because of physical illnesses or injuries. C. Teachers whose names have been placed on a recall list pursuant to Sections 5.04 and 5.05 shall have their seniority determined in the following manner: 1. The intent of the Recall Provision is to entitle teachers, who have been laid off, to be recalled in accordance with their evaluation, seniority and area(s) of certification/licensure, as set forth above, for up to the first day of the third school year after notice of suspension for limited contract teachers and up to the first day of the 9th school year for continuing contract teachers. 2. The RIF’ed teacher who is not recalled by the first day of the school year following the notice of layoff shall not accrue additional seniority time. In such cases, seniority shall continue to accrue only if, at some time following the first day of the school year immediately following the RIF, the teacher is recalled. In such a case, seniority shall continue to accrue from the time of the recall, he/she . 3. Teachers who are on limited contracts and who have been suspended and are not recalled within the time period set forth in sub-section (1) of this section shall be considered severed from employment and shall forfeit recall rights. Likewiseall seniority accrued to that time with the exception of utilizing such seniority as a tie-breaking factor. D. A certificated/licensed employee who holds continuing contract status, if the recalled employee does not actually return to work within thirty (30) daysand is suspended, recall rights shall be forfeited. Any employee accepting or declining recall entitled to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to in all areas of his/her original classification and appointment category (type)certification/licensure regardless of whether such certification/license was acquired before or after his/her suspension. Except Failure to notify the Human Resources Office will forfeit recall rights in that additional area of certification/licensure. E. Teachers who voluntarily elect to delete an area or areas of certification/licensure from their teaching certificate/license will notify the Human Resources Office of such change. In that event, such teachers are not eligible for retention or recall, in the event of a reduction in force, in any employee declining recall to a different appointment category (type) than that from certification/licensure area which he/she was laid off or displaced shall be removed has been deleted from the recall list for that appointment category (type)State-issued certificate/license at the teacher’s request.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. When it is determined by the Agency The following shall apply only to fill a vacancy or laid-off employees who have elected this process pursuant to recall sub-section (g). In recalling employees in a classification where the layoff occurredwho have been laid off, the following procedure terms and conditions shall apply: (i) Except as shown in paragraph (viii) below, no new employees shall be adhered to: The hired following a layoff until those employees who were laid off employee with have been given a reasonable opportunity of recall as detailed below. (ii) Subject to the most State seniority from the sameprovisions below, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee employees shall be recalled to a position provided their Division in order of seniority and shall retain their right to be recalled for twelve (12) calendar months immediately following the affected employee date of layoff, if their length of continuous service in the Transportation Department is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except less than four (4) years or for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification calendar months immediately following the date of recall layoff, if their length of continuous service in the Transportation Department is four (4) years and over. (iii) Laid-off employees shall be responsible for ensuring that the Municipality is notified of their most current mailing address and telephone number. (iv) In recalling a laid-off employee the Municipality shall advise the Employee by certified double registered mail directed to the employee’s last known latest mailing address or hand delivered to provided by the employee with proof and shall also advise the Union by copy of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the such letter. (v) A laid-off employee fails to notify the Agency of his/her intent to report to work who does not respond within seven (7) calendar days of receipt the mailing date of the notice initial attempt of recallthe Municipality to contact them, he/she shall forfeit have no further right to recall rights. Likewiseunder this section. (vi) Upon making contact with a laid-off employee as outlined in paragraph (iv) above, if the Municipality shall notify the employee of the time and place for reporting to work, providing that the Municipality shall, on request, allow the employee to report to work up to fourteen (14) days from the mailing date of the Municipality's initial attempt to contact the employee, or at the discretion of the Municipality, whose approval shall not be unreasonably withheld up to an additional fourteen (14) days. (vii) A laid-off employee who refuses to or does not report to work at the time and place as determined in paragraph (vi) above shall have no further right to recall under this Section and will be considered as terminated. (viii) Where a need for recall is established and the laid-off employee scheduled to be recalled is not available as per (h)(vi) above to report at the time scheduled, the Municipality may hire Temporary Employees to temporarily complete the work available pending the reporting to work of the recalled employee does not actually return to work within thirty (30) days, recall rights laid-off employees. Temporary Employees so employed shall be forfeited. Any terminated when the recalled laid off employee accepting or declining recall whose work they are performing reports to work. (ix) Permanent positions being re-established shall not be posted while qualified employees are eligible for recall. (x) An employee who is recalled into a position shall have the same, similar or related classification series and ability to perform the same appointment category (type) from duties of the position to which the employee was laid off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid off or displaced shall be removed from the recall list for that appointment category (type)is recalled.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Recall. When it is determined a. The Recall period shall be for twelve (12) calendar months from the date of original Layoff. b. For the period of Recall, employees laid off from their positions shall be entitled to Recall, by seniority, to the Agency job classification within the department from which originally laid off. Additionally, for the period of Recall, employees laid off from their positions shall be eligible for probationary Recall into any job classification, regardless of department, however, for Recall to fill a vacancy or to recall employees in a classification where any position other than the layoff occurredposition from which originally laid off, the following procedure shall employee must first be adhered to: The laid off considered qualified to perform in the position to which Recall is desired and second must serve a ninety (90) day performance based probationary period, during which time the employee may be discharged without resort to the Grievance Procedure. During said period, if the Employer is not satisfied with the most State seniority from probationary employee’s performance, but no earlier than sixty (60) days into the sameprobationary period, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid off or displaced out of their classification shall be placed will then place such employee on the recall list by the effective date of their layoffLayoff. An employee thus laid off shall remain entitled to Recall for the remainder of the Recall period but shall not be entitled to bump again unless recalled and he/she successfully completes the associated probationary period after which he/she is again laid off. c. Employees laid off, pursuant to this Agreement, shall retain, in addition to the twelve (12) month Recall potential, only those contractual benefits required by law. d. All employees on the Recall roster must be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary periodtheir former jobs, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months. Notification of recall shall be by certified mail if reinstated, prior to the employee’s last known address hiring of new employees into such positions. e. Employees recalled or hand delivered to offered Recall review pursuant hereto must accept the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be position or review within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven ten (710) calendar days of receipt of notice thereof by the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited. Any employee accepting Employer or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid off or displaced they shall be removed from the recall Recall roster permanently. Notice herein shall be effective three (3) business days following posted mailing by both certified and reemployment list if recalled regular mail of Recall or Recall review or by actual, personal or telephone notification to his/her original classification and appointment category the subject employee, whichever first occurs. f. Employees who have accepted a position with the Employer on Recall must, in any event, return fully to the position within ten (type). Except that any employee declining recall to a different appointment category (type10) than that from which he/she was laid off calendar days of acceptance or displaced they shall be removed from the recall list for that appointment category (type)Recall roster permanently.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!