Common use of Reduction in Force and Recall Clause in Contracts

Reduction in Force and Recall. Section 13.1. It is the intent of the parties, through this article, to establish an objective procedure by which a reduction in force (i.e., layoff or job abolishment) may be accomplished, should the need arise, and supersede the provisions of ORC 124.321 to 124.328, 124.37, OAC 123: 1-41-01 to 123: 1-41-22, and all local rules and regulations of the City of East Cleveland Civil Service Commission governing work force reductions. Section 13.2. Employees may be laid off as a result of lack of work, lack of funds, or abolishment of position. In the event of a layoff, the Employer shall notify the affected employee thirty (30) calendar days in advance of the effective date of layoff. The Employer agrees to discuss with representatives of the FOP the impact of the layoff on the bargaining unit member. Any layoff in the bargaining unit shall be in accordance with departmental seniority, i.e., the most recent employee hired is the first employee laid off. Any employee laid off from a bargaining unit position may, at his option, displace a permanent part-time or intermittent employee in the same classification. Failure to bump or failure to accept a recall to a part-time or intermittent position shall not jeopardize an employee’s recall rights to a full-time position. Section 13.3. Employees who are laid off shall be placed on a recall list for a period of three (3) years. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they are presently qualified to perform the work in the work section to which they are recalled. Any recalled employee requiring additional training to meet the position qualifications in existence at the time of recall must satisfactorily complete the additional training required in this section. Such training shall be at the Employer’s expense. Section 13.4. The recalled employee shall have ten (10) calendar days following the date of recall notice to notify the Employer of his intention to return to work and shall have fifteen (15) calendar days following receipt of the recall notice in which to report for duty, unless a different date for return to work has been otherwise agreed upon.

Appears in 4 contracts

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

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Reduction in Force and Recall. Section 13.1. It is 11.1 Whenever it becomes necessary to reduce the intent number of Employees in a job classification due to the parties, through this article, to establish an objective procedure abolition of a position caused by which a reduction in force (i.e., layoff lack of funds or job abolishment) may be accomplished, should the need arise, and supersede the provisions of ORC 124.321 to 124.328, 124.37, OAC 123: 1-41-01 to 123: 1-41-22, and all local rules and regulations of the City of East Cleveland Civil Service Commission governing work force reductions. Section 13.2. Employees may be laid off as a result of lack of work, lack of funds, or abolishment of position. In the event of a layoff, the Employer shall notify the affected employee thirty (30) calendar days probationary Employees in advance of the effective date of layoff. The Employer agrees to discuss with representatives of the FOP the impact of the layoff on the bargaining unit member. Any layoff in the bargaining unit that classification shall be in accordance with departmental seniority, i.e., the most recent employee hired is the first employee laid off. Any employee laid off from a bargaining unit position may, at his option, displace a permanent part-time or intermittent employee in the same classificationfirst. Failure to bump or failure to accept a recall to a part-time or intermittent position shall not jeopardize an employee’s recall rights to a full-time position. Section 13.3. Layoff of Employees who are laid off shall be placed on a recall list for a period of three (3) years. If there is a recall, employees who are still on the recall list shall be recalled, made in the inverse order of their layoffjob classification seniority. 11.2 Within a classification, the Employee with the lowest job classification seniority shall be the first laid off. The District, at its discretion, may exempt Business Office Specialists and Special Needs Assistants from this standard, and may retain such Employees as needed to perform the work within such positions. If further layoffs are necessary, the same procedure shall continue to be used. 11.3 An Employee laid off under the above provisions shall have the right to bump a less senior Employee in another classification on the basis of district seniority, provided they are presently that the Employee is qualified to perform the work in essential job functions and minimum requirements of the work section position to which they are recalledhe/she seeks to bump. Any recalled employee requiring additional training to meet The exercise of bumping rights will take place at a meeting scheduled for that purpose at which all employees affected by the position qualifications in existence at the time of recall must satisfactorily complete the additional training required in this section. Such training layoff shall be at invited to attend. Displaced employees may exercise bumping rights, in order of seniority, within the Employer’s expensecurrent classification or in any other classification in which the employee has seniority. No employee may bump into a different classification unless that employee has seniority and is currently qualified in all respects, to perform the duties of employment. Employees who cannot attend the bumping meeting for legitimate reasons may appoint a proxy who can contact them via phone for exercising bumping rights. Section 13.4. The recalled employee 11.4 An Employee on layoff shall have ten maintain recall rights for a period of two (102) calendar days following years from the date of layoff. 11.5 In refilling vacancies caused by layoffs, Employees shall be recalled in the reverse order of layoff. 11.6 Notice of recall to a laid off Employee shall be sent by receipted written correspondence to the Employee’s last known address as filed with the Director of Human and Material Resources. The Employee shall have five (5) working days after receipt of the notice to notify the Employer Superintendent of his intention his/her intent to return to work and five (5) more working days to return to work. Receipt of recall notice means the date of the receipted delivery. If the Employee moved and did not provide the Human Resource office with a forwarding address, the attempted date of delivery on the notice shall have fifteen (15) calendar days following be the receipt of notice. It is the recall notice in which responsibility of each employee to report for duty, unless a different date for keep the human resource office informed of his/her current address. 11.7 If the Employee does not return to work within the time limits stated above, his/her name will be removed from the layoff list and the Employee shall be considered as resigning from his/her employment. 11.8 No position shall be posted for bid until it has been otherwise agreed uponfirst offered to and rejected by all qualified employees eligible for recall in the classification held at the time of the layoff.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

Reduction in Force and Recall. A. If the Board determines to honorably dismiss its educational support personnel staff, reductions of non-probationary full-time Employees shall be made in reverse order of seniority within the separate categories set forth in Section 13.1. It is C above, provided, however, that the intent Employee(s) with greater seniority possess the skills, qualifications, and abilities necessary to fill the position(s) of the parties, through this article, Employee(s) with less seniority. The district will make every effort to establish an objective procedure by which a reduction in force (i.e., layoff or job abolishment) may be accomplished, should possess/gather the need arise, and supersede most current information regarding staffing needs for the provisions of ORC 124.321 upcoming school year prior to 124.328, 124.37, OAC 123: 1-41-01 to 123: 1-41-22, and all local rules and regulations of the City of East Cleveland Civil Service Commission governing work force any reductions. Section 13.2. Employees may be B. If a vacancy occurs for the following school term or within one (1) calendar year from the beginning of the school term following a staff reduction, the Board shall first offer reemployment to the Employee(s) laid off as a result of lack of work, lack of funds, or abolishment of position. In (by category) in the event of a layoff, the Employer shall notify the affected employee thirty (30) calendar days in advance reverse order of the effective date of layoff. The Employer agrees to discuss with representatives of the FOP the impact of the layoff on the bargaining unit member. Any layoff in the bargaining unit shall be in accordance with departmental seniority, i.e., the most recent employee hired is the first employee laid off. Any employee laid off from a bargaining unit position may, at his option, displace a permanent part-time or intermittent employee in the same classification. Failure to bump or failure to accept a recall to a part-time or intermittent position shall not jeopardize an employee’s recall rights to a full-time position. Section 13.3. Employees who are laid off shall be placed on a recall list for a period of three (3) years. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoffreduction, provided they are presently qualified the Employee to be recalled is determined to possess the current skills, qualifications and abilities necessary to perform the work in the work section job to which they are recalled. Any This provision shall not apply to probationary or part-time Employees. An Employee so recalled employee requiring additional training shall not be deemed to meet have suffered a break in employment as a result of the position qualifications in existence at staff reduction, but the time Employee shall not accrue any benefits, including seniority, for the period of the reduction. C. Notice of recall must satisfactorily complete the additional training required in this section. Such training shall be at the Employer’s expense. Section 13.4sent to an Employee in accordance with IL school code. The recalled employee shall have Employee must notify the Board in writing, which includes electronic communication, within ten (10) calendar days following of mailing or within five (5) calendar days of receipt of the date offer, whichever shall first occur, of the acceptance or rejection of any vacant position tendered to the Employee during the recall notice period. Any Employee who fails to notify the Employer Board of his/her acceptance or rejection of a tendered position within the timelines set forth above shall be deemed to have waived his intention or her recall rights and will no longer be eligible for any other vacant positions that become available within the recall period. D. Any full-time Employee whose service in the District has been terminated due to return to work and reduction in force shall have fifteen (15) calendar days the option to remain an active participant in the hospitalization, major medical program for 18 months following receipt the dismissal, provided the Employee makes timely contributions of the recall notice in which to report for duty, unless a different date for return to work has been otherwise agreed uponfull cost of such insurance program.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Reduction in Force and Recall. Section 13.1A. Should it become necessary to lay off employees, the Company shall advise the Union of such layoff at least seventy-two (72) hours in advance. It is understood that this provision shall not apply if the intent layoff is caused by emergencies or by conditions beyond the Company's control. B. It is understood the Company shall have the right to retain sufficient numbers of qualified personnel and in such event may assign personnel to particular shifts where required, temporarily, for training, not to exceed 240 hours after assuming the partiesjob. C. Reductions-in-force and recalls shall be on the basis of plant seniority as outlined below: 1. If a layoff is for twenty-one (21) days or less, through this articlethe employee can take a voluntary layoff with recall rights or bump to any job for which he/she is qualified; however, if no junior employee is available to establish an objective procedure by which bump, the employee cannot take a voluntary layoff. 2. Employees who took a voluntary layoff for recall or were laid off, and the reduction in force exceeds twenty-one (i.e.21) days, the employee shall be recalled and exercise his/her bump rights as outlined in paragraph (7) below. 3. Employees who choose to take a layoff or rather than bump to another job abolishment) may can only be accomplished, should recalled to the need arise, and supersede job the provisions of ORC 124.321 to 124.328, 124.37, OAC 123: 1-41-01 to 123: 1-41-22, and all local rules and regulations employee was working at the time of the City of East Cleveland Civil Service Commission governing work force reductions. Section 13.2. Employees may be laid off as a result of lack of work, lack of funds, or abolishment of position. In the event of a layoff, the Employer shall notify the affected employee thirty (30) calendar days in advance of the effective date of layoff. The Employer agrees different classifications in production constitute usual jobs as referred to discuss with representatives of the FOP the impact of the layoff on the bargaining unit memberin Article 7, Section C.5. Any layoff Shift assignments are not recognized in the bargaining unit shall be in accordance with departmental seniority, i.e.considering usual job. In maintenance, the most recent employee hired is classifications, as listed in Appendix "A" Maintenance, are the first employee laid offbasis for determining usual job, with no consideration given to area of assignment. 4. Any employee laid off from When the number of shifts in a bargaining unit position mayparticular job are being reduced, at his option, displace a permanent part-time or intermittent employee in the same classification. Failure senior employee(s) will have the option to bump or failure remain on the job. 5. The employee's "usual job" is the only job for which the employee can be recalled and only a job different from the employee's present "usual job," by the same definition as is used for recall, can be used as a basis for refusing to accept bump. For example, a control operator on "A" shift could not refuse to bump a control operator on "C" shift. The same operator could not refuse recall to a part-time or intermittent position shall not jeopardize an employee’s recall rights to a full-time positionany control operator job, regardless of shift. Section 13.36. Employees An employee who are laid off has taken a voluntary layoff shall have the option to be placed on recalled, to an entry level vacancy, if the employee's usual job has not reopened within a recall list period of six (6) months from the date the layoff began. The employee must be qualified for the work and pass a physical examination to be eligible to return. If the employee's usual job has not reopened for a period of twelve (12) months from the date that employee was placed on layoff, the employee shall have option to bump the lowest seniority employee who is in a job for which the employee on layoff was previously qualified, and assume that employee's job. To be eligible to bump to this job, the employee must pass a physical examination. If the employee elects not to return after twelve (12) months, the seniority of this employee shall be considered broken, all rights forfeited and there shall be no obligation to rehire the employee, consistent with Article 5 of this agreement. 7. If a layoff is for twenty-one (21) days or more, the employee can either take a voluntary layoff with recall rights in accordance with (1) above, or bump to a job for which he/she is qualified or he/she may bump a junior employee and receive a twenty (20) -work-day qualification period or 84 hours if previously qualified in the job. To receive the twenty (20) day qualification period the employee must demonstrate within the first three (3) yearswork days the ability to learn this job within the twenty (20)-day qualification period. If there is a recall, employees who are still The employee will only be expected to qualify on the recall list shall be recalled, job that he/she bumps to in the inverse order of their layoff, provided they are presently qualified to perform the twenty (20) work in the work section to which they are recalled. Any recalled employee requiring additional training to meet the position qualifications in existence at the time of recall must satisfactorily complete the additional training required in this sectionday qualification period. Such training will be provided on the day shift when practical. If the employee does not demonstrate the ability within three (3) work days or fails to qualify within twenty (20) days, he/she shall be disqualified and laid off and the incumbent employee shall remain in the job. 8. During the qualification period, the bumping employee shall receive the rate for the last job on which the employee was qualified. 9. It is understood that in Maintenance, if the bumped employee is a Maintenance Xxxxx 0, the bumping employee must have the mechanical skills of the employee he/she bumped after the qualification period. 10. In accordance with paragraph (7), in a given layoff, if a senior employee is laid off without an opportunity to bump and a junior employee is left in the plant at the Employer’s expenseend of the bump/qualification period, the senior employee will be recalled with bump rights. Section 13.411. The recalled employee No bumping between Departments shall have ten (10) calendar days following be allowed. Employees are only allowed to move from Department to Department under the date terms of recall notice to notify the Employer of his intention to return to work and shall have fifteen (15) calendar days following receipt of the recall notice in which to report for duty, unless a different date for return to work has been otherwise agreed uponArticle 6.

Appears in 1 contract

Samples: Collective Bargaining Agreement (LSB Industries Inc)

Reduction in Force and Recall. Section 13.1. It If a full-time Employee is the intent of the parties, through this article, to establish an objective procedure by which a reduction in force (i.e., layoff removed or job abolishment) may be accomplished, should the need arise, and supersede the provisions of ORC 124.321 to 124.328, 124.37, OAC 123: 1-41-01 to 123: 1-41-22, and all local rules and regulations of the City of East Cleveland Civil Service Commission governing work force reductions. Section 13.2. Employees may be laid off dismissed as a result of lack a decision by the Board to decrease the number of workESP employees or to discontinue some particular type of educational support service, lack of fundsthe following provisions shall apply: A. Written notice shall be mailed to the full-time Employee and also given to the Employee either by certified mail, returned receipt requested, or abolishment of position. In the event of a layoffby personal delivery with receipt, the Employer shall notify the affected employee at least thirty (30) calendar days in advance before the Employee is removed or dismissed, together with a statement of honorable dismissal and the effective date reason for the reduction-in-force. B. The Employee with the shorter length of layoff. The Employer agrees to discuss with representatives of the FOP the impact of the layoff on the bargaining unit member. Any layoff seniority in the bargaining unit District within the respective category of position, as calculated under Article 3.4 above of this Agreement, shall be in accordance with departmental seniority, i.e.dismissed first. C. If the Board has any vacancies during the recall period established under the School Code, the most recent employee hired is positions becoming available within a specific category shall be offered to the first employee laid off. Any employee laid off from a bargaining unit position may, at his option, displace a permanent part-time or intermittent employee in the same classification. Failure to bump or failure to accept a recall to a part-time or intermittent position shall not jeopardize an employee’s recall rights to a full-time position. Section 13.3. Employees who are laid off shall be placed on a recall list for a period of three (3) years. If there is a recall, employees who are still on removed or dismissed from that category according to reverse seniority at the recall list shall be recalled, in the inverse order time of their layoffrelease, provided they are presently qualified to perform hold such position. Employees shall be returned to the work category of position which they held prior to release, if vacant. If no positions are available in an Employee’s category, then the Employee shall be eligible for any other vacancies in other categories for which he/she has accrued seniority from prior positions held in the work section to District. Employees who have been released may also be given consideration by the administration, in its sole and non-grievable discretion, for any posted District vacancy for which they apply and are recalled. Any recalled employee requiring additional training to meet the position qualifications in existence at the time qualified, but only after all released Employees within their respective categories have been placed. D. Notice of recall must satisfactorily complete the additional training required in this section. Such training shall be at sent to an Employee by certified mail (return receipt requested) to the Employer’s expense. Section 13.4last address submitted to the Board by the Employee. The recalled employee shall have Employee must notify the Board in writing, within ten (10) calendar days following of receipt of the date offer, of the acceptance or rejection of any vacant position tendered to the Employee during the recall notice period. Any Employee who fails to notify the Employer Board of his intention his/her acceptance or rejection of an offered position within the time lines set forth above shall be deemed to return to work have waived his/her recall rights and will no longer be eligible for any other vacant positions that become available within the recall period. An Employee who timely responds but declines the offered position shall have fifteen (15) calendar days following receipt remain on the recall list, but will be placed at the bottom of the list of the respective category. E. If an Employee is released and recalled to a position within the legal recall notice period, the reduction-in-force shall not constitute a break in which to report for duty, unless a different date for return to work has been otherwise agreed uponservice with District 146.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reduction in Force and Recall. Section 13.1. It is A. Should the intent of Company find it necessary to lay off employees covered by this Agreement, the parties, through this article, to establish an objective procedure by which a reduction in force (i.e., layoff or job abolishment) may be accomplished, should the need arise, and supersede the provisions of ORC 124.321 to 124.328, 124.37, OAC 123: 1-41-01 to 123: 1-41-22, and all local rules and regulations of the City of East Cleveland Civil Service Commission governing work force reductions. Section 13.2. Employees may employees will be laid off as a result in reverse order of lack of work, lack of funds, or abolishment of positiontheir location seniority. In the event of a layoffIf possible, the Employer shall notify Company will give employees advance notice that they will be laid off. B. Should the affected employee thirty (30) calendar days in advance of Company find that need exists for such services as laid off employees can render, the effective date of layoff. The Employer agrees Company will recall laid off employees to discuss with representatives of the FOP the impact of the layoff on the bargaining unit member. Any layoff duty in the bargaining unit shall be in accordance with departmental seniority, i.e., the most recent employee hired is the first employee laid off. Any employee laid off from a bargaining unit position may, at his option, displace a permanent part-time or intermittent employee in the same classification. Failure to bump or failure to accept a recall to a part-time or intermittent position shall not jeopardize an employee’s recall rights to a full-time position. Section 13.3. Employees who are laid off shall be placed on a recall list for a period of three (3) years. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse reverse order of their layoff, provided they are presently qualified mentally and physically fit to perform qualify for the work in job. An employee may be recalled only to an opening within the work section to which they are recalled. Any recalled classification held by the employee requiring additional training to meet the position qualifications in existence at the time of recall must satisfactorily complete the additional training required in this section. Such training shall be layoff and at the Employer’s expenselocation at which he/she was employed. Section 13.4C. The Company will notify each employee to be recalled by certified mail to the employee's last known address on file with the Company. The recalled It is the responsibility of the employee shall have ten (10) calendar days following to keep the date Company advised of recall notice his/her address. If an employee fails to notify the Employer of his intention to return report to work and shall have within fifteen (15) calendar days following receipt after the date of mailing by the Company of the recall written notice in which to report (or at such later date as the Company might specify in the notice to report), the Company will be relieved of any further obligation to the employee or to offer employment to the employee. X. Xx employee recalled from layoff must be employed a minimum of fifteen (15) days before he/she may again be laid off. X. Xxxxxxx of twenty-four (24) consecutive months or less shall not interrupt seniority. F. The Company shall have no obligation to recall employees who have been on layoff for dutytwenty-four (24) consecutive months or more. Any such employees rehired by the Company shall be treated as new hires. G. If any employee(s) covered by this Agreement would be laid off as a result of a decision by the Company to subcontract any of the work performed by such employee(s), unless a different the Company will give the Union notice of the decision to subcontract at least four weeks prior to its implementation date for return to work has been otherwise agreed uponand during this period the Union may discuss the matter with the Company.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reduction in Force and Recall. A. If the Board determines to reduce the size of its support staff, reductions of non- probationary, educational support employees shall be made in inverse order of seniority within the separate classifications set forth in Article IV, Section 13.1. It is the intent of the parties, through this article, to establish an objective procedure by which a reduction in force (i.e., layoff or job abolishment) may be accomplished, should the need arise, and supersede the provisions of ORC 124.321 to 124.328, 124.37, OAC 123: 1-41-01 to 123: 1-41-22, and all local rules and regulations of the City of East Cleveland Civil Service Commission governing work force reductions5 above. Section 13.2. Employees may B. Honorable dismissals will be laid off as a result of lack of work, lack of funds, or abolishment of position. In made within the event of a layoff, the Employer shall notify the affected employee effected classification above based upon seniority and will be preceded by written notice to effected employees at least thirty (30) calendar days in advance of before the effective date of layoffthe dismissal. C. Non-probationary employees shall be entitled to recall into the classification from which they were honorably dismissed for a period of time up to one (1) year from the first day of the school term following the effective date of the honorable dismissal. The Employer agrees to discuss with representatives of the FOP the impact of the layoff on the bargaining unit member. Any layoff in the bargaining unit recalled employees shall be reinstated in accordance with departmental seniority, i.e., the most recent employee hired is the first employee laid off. Any employee laid off from a bargaining unit position may, at his option, displace a permanent part-time or intermittent employee in the same classification. Failure to bump or failure to accept a recall to a part-time or intermittent position shall not jeopardize an employee’s recall rights to a full-time position. Section 13.3inverse order of their honorable dismissals. Employees who are laid off honorably dismissed shall maintain a current address and phone number on file with the District office. Notice of recall shall be placed sent by certified mail to the employee's address which is on file with the District office and shall state the time and date on which the employee is to return to work. The employee has seven (7) calendar days from receipt of notice to report his/her intent to return to work. The Board shall notify employees of any recall no later than August 1 or as reasonably soon after as is practical. An employee who fails to timely respond to a proper notice of recall list for a period of three (3) years. If there is a recall, employees who are still on the recall list shall be recalled, in deemed to have resigned from employment with the inverse order of their layoff, provided they are presently qualified to perform the work in the work section District. D. All benefits to which they are recalled. Any recalled an employee requiring additional training to meet the position qualifications in existence was entitled at the time of recall must satisfactorily complete his/her layoff, including accumulated sick leave, vacation days and seniority, will be restored to the additional training required in this sectionemployee upon his/her return to active employment. Such training No such benefits shall be at accrue during the Employer’s expense. Section 13.4time period between honorable dismissal and recall. The recalled employee shall have ten (10) calendar days following will be placed on the date of recall notice to notify salary schedule on the Employer of his intention to return to work and shall have fifteen (15) calendar days following receipt basis of the recall notice in which to report for duty, unless a different date for return to work has been otherwise agreed uponemployee's previous District experience.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reduction in Force and Recall. Section 13.1A. Should it become necessary to lay off employees, the Company shall advise the Union of such layoff at least seventy-two (72) hours in advance. It is understood that this provision shall not apply if the intent layoff is caused by emergencies or by conditions beyond the Company's control. B. It is understood the Company shall have the right to retain sufficient numbers of qualified personnel and in such event may assign personnel to particular shifts where required, temporarily, for training, not to exceed 240 hours after assuming the partiesjob. C. Reductions-in-force and recalls shall be on the basis of plant seniority as outlined below: 1. If a layoff is for twenty-one (21) days or less, through this articlethe employee can take a voluntary layoff with recall rights or bump to any job for which he/she is qualified; however, if no junior employee is available to establish an objective procedure by which bump, the employee cannot take a voluntary layoff. 2. Employees who took a voluntary layoff for recall or were laid off, and the reduction in force exceeds twenty-one (i.e.21) days, the employee shall be recalled and exercise his/her bump rights as outlined in paragraph (7) below. 3. Employees who choose to take a layoff or rather than bump to another job abolishment) may can only be accomplished, should recalled to the need arise, and supersede job the provisions of ORC 124.321 to 124.328, 124.37, OAC 123: 1-41-01 to 123: 1-41-22, and all local rules and regulations employee was working at the time of the City of East Cleveland Civil Service Commission governing work force reductions. Section 13.2. Employees may be laid off as a result of lack of work, lack of funds, or abolishment of position. In the event of a layoff, the Employer shall notify the affected employee thirty (30) calendar days in advance of the effective date of layoff. The Employer agrees different classifications in production constitute usual jobs as referred to discuss in Article 7, Section C.5. Shift assignments are not recognized in considering usual job. In maintenance, the classifications, as listed in Appendix "A" Maintenance, are the basis for determining usual job, with representatives no consideration given to area of assignment. 4. When the FOP number of shifts in a particular job are being reduced, the impact junior employee(s) will be given a bump notice and the remaining senior employee(s) will select shift preference based on seniority. 5. The employee's "usual job" is the only job for which the employee can be recalled and only a job different from the employee's present "usual job," by the same definition as is used for recall, can be used as a basis for refusing to bump. For example, a control operator on "A" shift could not refuse to bump a control operator on "C" shift. The same operator could not refuse recall to any control operator job, regardless of shift. 6. An employee who has taken a voluntary layoff shall have the option to be recalled, to an entry level vacancy, if the employee's usual job has not reopened within a period of six (6) months from the date the layoff on began. The employee must be qualified for the bargaining unit memberwork and pass a physical examination to be eligible to return. Any layoff in If the bargaining unit shall be in accordance with departmental seniority, i.e., the most recent employee hired is the first employee laid off. Any employee laid off from a bargaining unit position may, at his option, displace a permanent part-time or intermittent employee in the same classification. Failure to bump or failure to accept a recall to a part-time or intermittent position shall employee's usual job has not jeopardize an employee’s recall rights to a full-time position. Section 13.3. Employees who are laid off shall be placed on a recall list reopened for a period of twelve (12) months from the date that employee was placed on layoff, the employee shall have option to bump the lowest seniority employee who is in a job for which the employee on layoff was previously qualified, and assume that employee's job. To be eligible to bump to this job, the employee must pass a physical examination. If the employee elects not to return after twelve (12) months, the seniority of this employee shall be considered broken, all rights forfeited and there shall be no obligation to rehire the employee, consistent with Article 5 of this agreement. 7. If a layoff is for twenty-one (21) days or more, the employee can either take a voluntary layoff with recall rights in accordance with (1) above, or bump to a job for which he/she is qualified or he/she may bump a junior employee and receive a twenty (20) -work-day qualification period or 84 hours if previously qualified in the job. To receive the twenty (20)-day qualification period the employee must demonstrate within the first three (3) yearswork days the ability to learn this job within the twenty (20)-day qualification period. If there is a recall, employees who are still The employee will only be expected to qualify on the recall list shall be recalled, job that he/she bumps to in the inverse order of their layoff, provided they are presently qualified to perform the twenty (20) work in the work section to which they are recalled. Any recalled employee requiring additional training to meet the position qualifications in existence at the time of recall must satisfactorily complete the additional training required in this sectionday qualification period. Such training will be provided on the day shift when practical. If the employee does not demonstrate the ability within three (3) work days or fails to qualify within twenty (20) days, he/she shall be disqualified and laid off and the incumbent employee shall remain in the job. 8. During the qualification period, the bumping employee shall receive the rate for the last job on which the employee was qualified. 9. It is understood that in Maintenance, if the bumping employee is a Maintenance Xxxxx 0, the bumping employee must have the mechanical skills of the employee he/she bumped after the qualification period. 10. In accordance with paragraph (7), in a given layoff, if a senior employee is laid off without an opportunity to bump and a junior employee is left in the plant at the Employer’s expenseend of the bump/qualification period, the senior employee will be recalled with bump rights. Section 13.411. The recalled employee No bumping between Departments shall have ten (10) calendar days following be allowed. Employees are only allowed to move from Department to Department under the date terms of recall notice to notify the Employer of his intention to return to work and shall have fifteen (15) calendar days following receipt of the recall notice in which to report for duty, unless a different date for return to work has been otherwise agreed uponArticle 6.

Appears in 1 contract

Samples: Collective Bargaining Agreement (LSB Industries Inc)

Reduction in Force and Recall. Section 13.1A. Should it become necessary to lay off employees, the Company shall advise the Union of such layoff at least seventy-two (72) hours in advance. It is understood that this provision shall not apply if the intent layoff is caused by emergencies or by conditions beyond the Company’s control. B. It is understood the Company shall have the right to retain sufficient numbers of qualified personnel and in such event may assign personnel to particular shifts where required, temporarily, for training, not to exceed 240 hours after assuming the partiesjob. C. Reductions-in-force and recalls shall be on the basis of plant seniority as outlined below: 1. If a layoff is for twenty-one (21) days or less, through this articlethe employee can take a voluntary layoff with recall rights or bump to any job for which he/she is qualified; however, if no junior employee is available to establish an objective procedure by which bump, the employee cannot take a voluntary layoff. 2. Employees who took a voluntary layoff for recall or were laid off, and the reduction in force exceeds twenty-one (i.e.21) days, the employee shall be recalled and exercise his/her bump rights as outlined in paragraph (7) below. 3. Employees who choose to take a layoff or rather than bump to another job abolishment) may can only be accomplished, should recalled to the need arise, and supersede job the provisions of ORC 124.321 to 124.328, 124.37, OAC 123: 1-41-01 to 123: 1-41-22, and all local rules and regulations employee was working at the time of the City of East Cleveland Civil Service Commission governing work force reductions. Section 13.2. Employees may be laid off as a result of lack of work, lack of funds, or abolishment of position. In the event of a layoff, the Employer shall notify the affected employee thirty (30) calendar days in advance of the effective date of layoff. The Employer agrees different classifications in production constitute usual jobs as referred to discuss with representatives of the FOP the impact of the layoff on the bargaining unit memberin Article 7, Section C.5. Any layoff Shift assignments are not recognized in the bargaining unit shall be in accordance with departmental seniority, i.e.considering usual job. In maintenance, the most recent employee hired is classifications, as listed in Appendix “A” Maintenance, are the first employee laid offbasis for determining usual job, with no consideration given to area of assignment. 4. Any employee laid off from When the number of shifts in a bargaining unit position mayparticular job are being reduced, at his option, displace a permanent part-time or intermittent employee in the same classification. Failure senior employee(s) will have the option to bump or failure remain on the job. 5. The employee’s “usual job” is the only job for which the employee can be recalled and only a job different from the employee’s present “usual job,” by the same definition as is used for recall, can be used as a basis for refusing to accept bump. For example, a control operator on “A” shift could not refuse to bump a control operator on “C” shift. The same operator could not refuse recall to any control operator job, regardless of shift. 6. An employee who has taken a part-time or intermittent position voluntary layoff shall not jeopardize have the option to be recalled, to an entry level vacancy, if the employee’s recall rights usual job has not reopened within a period of six (6) months from the date the layoff began. The employee must be qualified for the work and pass a physical examination to a full-time position. Section 13.3be eligible to return. Employees who are laid off shall be placed on a recall list If the employee’s usual job has not reopened for a period of twelve (12) months from the date that employee was placed on layoff, the employee shall have option to bump the lowest seniority employee who is in a job for which the employee on layoff was previously qualified, and assume that employee’s job. To be eligible to bump to this job, the employee must pass a physical examination. If the employee elects not to return after twelve (12) months, the seniority of this employee shall be considered broken, all rights forfeited and there shall be no obligation to rehire the employee, consistent with Article 5 of this agreement. 7. If a layoff is for twenty-one (21) days or more, the employee can either take a voluntary layoff with recall rights in accordance with (1) above, or bump to a job for which he/she is qualified or he/she may bump a junior employee and receive a twenty (20) -work-day qualification period or 84 hours if previously qualified in the job. To receive the twenty (20) day qualification period the employee must demonstrate within the first three (3) yearswork days the ability to learn this job within the twenty (20) day qualification period. If there is a recall, employees who are still The employee will only be expected to qualify on the recall list shall be recalled, job that he/she bumps to in the inverse order of their layoff, provided they are presently qualified to perform the twenty (20) work in the work section to which they are recalled. Any recalled employee requiring additional training to meet the position qualifications in existence at the time of recall must satisfactorily complete the additional training required in this sectionday qualification period. Such training will be provided on the day shift when practical. If the employee does not demonstrate the ability within three (3) work days or fails to qualify within twenty (20) days, he/she shall be disqualified and laid off and the incumbent employee shall remain in the job. 8. During the qualification period, the bumping employee shall receive the rate for the last job on which the employee was qualified. 9. It is understood that in Maintenance, if the bumped employee is a Maintenance Xxxxx 0, the bumping employee must have the mechanical skills of the employee he/she bumped after the qualification period. 10. In accordance with paragraph (7), in a given layoff, if a senior employee is laid off without an opportunity to bump and a junior employee is left in the plant at the Employer’s expenseend of the bump/qualification period, the senior employee will be recalled with bump rights. 11. When a layoff is to occur, employees in each department will exhaust all bumps based upon seniority consistent with this Agreement within the department first. After those intra-department bumps occur, a more senior production employee may displace the least senior maintenance employee using plant seniority and will enter the maintenance department as a Mechanic First Year Trainee. A more senior maintenance employee may displace the least senior production employee using plant seniority, but only if he meets the requirements of Section 13.4C.7. The recalled employee of this Article. 12. No bumping between Departments shall have ten (10) calendar days following be allowed, except for the date provision of recall notice to notify the Employer of his intention to return to work and shall have fifteen (15) calendar days following receipt of the recall notice in which to report for duty, unless a different date for return to work has been otherwise agreed upon.Article 7.11

Appears in 1 contract

Samples: Collective Bargaining Agreement (LSB Industries Inc)

Reduction in Force and Recall. Section 13.1A. Should it become necessary to lay off employees, the Company shall advise the Union of such layoff at least seventy-two (72) hours in advance. It is understood that this provision shall not apply if the intent layoff is caused by emergencies or by conditions beyond the Company's control. B. It is understood the Company shall have the right to retain sufficient numbers of qualified personnel and in such event may assign personnel to particular shifts where required, temporarily, for training, not to exceed 240 hours after assuming the partiesjob. C. Reductions-in-force and recalls shall be on the basis of plant seniority as outlined below: 1. If a layoff is for twenty-one (21) days or less, through this articlethe employee can take a voluntary layoff with recall rights or bump to any job for which he/she is qualified; however, if no junior employee is available to establish an objective procedure by which bump, the employee cannot take a voluntary layoff. 2. Employees who took a voluntary layoff for recall or were laid off, and the reduction in force exceeds twenty-one (i.e.21) days, the employee shall be recalled and exercise his/her bump rights as outlined in paragraph (7) below. 3. Employees who choose to take a layoff or rather than bump to another job abolishment) may can only be accomplished, should recalled to the need arise, and supersede job the provisions of ORC 124.321 to 124.328, 124.37, OAC 123: 1-41-01 to 123: 1-41-22, and all local rules and regulations employee was working at the time of the City of East Cleveland Civil Service Commission governing work force reductions. Section 13.2. Employees may be laid off as a result of lack of work, lack of funds, or abolishment of position. In the event of a layoff, the Employer shall notify the affected employee thirty (30) calendar days in advance of the effective date of layoff. The Employer agrees different classifications in production constitute usual jobs as referred to discuss in Article 7, Section C.5. Shift assignments are not recognized in considering usual job. In maintenance, the classifications, as listed in Appendix "A" Maintenance, are the basis for determining usual job, with representatives no consideration given to area of assignment. 4. When the FOP number of shifts in a particular job are being reduced, the impact junior employee(s) will be given a bump notice and the remaining senior employee(s) will select shift preference based on seniority. 5. The employee's "usual job" is the only job for which the employee can be recalled and only a job different from the employee's present "usual job," by the same definition as is used for recall, can be used as a basis for refusing to bump. For example, a control operator on "A" shift could not refuse to bump a control operator on "C" shift. The same operator could not refuse recall to any control operator job, regardless of shift. 6. An employee who has taken a voluntary layoff shall have the option to be recalled, to an entry level vacancy, if the employee's usual job has not reopened within a period of six (6) months from the date the layoff on began. The employee must be qualified for the bargaining unit memberwork and pass a physical examination to be eligible to return. Any layoff in If the bargaining unit shall be in accordance with departmental seniority, i.e., the most recent employee hired is the first employee laid off. Any employee laid off from a bargaining unit position may, at his option, displace a permanent part-time or intermittent employee in the same classification. Failure to bump or failure to accept a recall to a part-time or intermittent position shall employee's usual job has not jeopardize an employee’s recall rights to a full-time position. Section 13.3. Employees who are laid off shall be placed on a recall list reopened for a period of twelve (12) months from the date that employee was placed on layoff, the employee shall have option to bump the lowest seniority employee who is in a job for which the employee on layoff was previously qualified, and assume that employee's job. To be eligible to bump to this job, the employee must pass a physical examination. If the employee elects not to return after twelve (12) months, the seniority of this employee shall be considered broken, all rights forfeited and there shall be no obligation to rehire the employee, consistent with Article 5 of this agreement. 7. If a layoff is for twenty-one (21) days or more, the employee can either take a voluntary layoff with recall rights in accordance with (1) above, or bump to a job for which he/she is qualified or he/she may bump a junior employee and receive a twenty (20) -work-day qualification period or 84 hours if previously qualified in the job. To receive the twenty (20)-day qualification period the employee must demonstrate within the first three (3) yearswork days the ability to learn this job within the twenty (20)-day qualification period. If there is a recall, employees who are still The employee will only be expected to qualify on the recall list shall be recalled, job that he/she bumps to in the inverse order of their layoff, provided they are presently qualified to perform the twenty (20) work in the work section to which they are recalled. Any recalled employee requiring additional training to meet the position qualifications in existence at the time of recall must satisfactorily complete the additional training required in this sectionday qualification period. Such training will be provided on the day shift when practical. If the employee does not demonstrate the ability within three (3) work days or fails to qualify within twenty (20) days, he/she shall be disqualified and laid off and the incumbent employee shall remain in the job. 8. During the qualification period, the bumping employee shall receive the rate for the last job on which the employee was qualified. 9. It is understood that in Maintenance, if the bumping employee is a Maintenance Lxxxx 0, the bumping employee must have the mechanical skills of the employee he/she bumped after the qualification period. 10. In accordance with paragraph (7), in a given layoff, if a senior employee is laid off without an opportunity to bump and a junior employee is left in the plant at the Employer’s expenseend of the bump/qualification period, the senior employee will be recalled with bump rights. Section 13.411. The recalled employee No bumping between Departments shall have ten (10) calendar days following be allowed. Employees are only allowed to move from Department to Department under the date terms of recall notice to notify the Employer of his intention to return to work and shall have fifteen (15) calendar days following receipt of the recall notice in which to report for duty, unless a different date for return to work has been otherwise agreed uponArticle 6.

Appears in 1 contract

Samples: Collective Bargaining Agreement (LSB Industries Inc)

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Reduction in Force and Recall. Section 13.1A. Seniority 1. It Seniority is defined as the intent employee's length of continuous service from his date of last employment with the Board, and seniority is not interrupted by approved leaves of absence. 2. Any administrator who is reduced to a bargaining unit position with appropriate reduction in salary and a surrendering of his administrative status will begin to earn seniority placement within the unit at the time. Any administrator who had a previous status within the bargaining unit and has not had a break in service shall accrue those previous years in the bargaining unit toward his seniority status. 3. When two (2) or more employees have the same date of hire they shall have equal ranking in seniority status. 4. When two (2) or more employees have equal rank on the seniority list, qualified reassignment or recall shall be determined by the drawing of lots. 5. The system-wide seniority list based on service with the School Board as of June 30, 1993, will be the governing seniority list. The list shall contain the names and dates of Notice of Personnel Action and all areas of certification for all bargaining unit members, including employees on approved leaves of absence. Each year a seniority list shall be furnished to the Union and to building principals who shall make the list available to bargaining unit members for inspection. Employees may file exceptions to their placement on the seniority list with the Assistant Superintendent for Personnel Services. This list shall be updated annually. 6. Seniority shall be broken when an employee: a. resigns; b. is discharged or suspended for just cause; c. fails to report for work within fifteen (15) days after receipt of written notice of recall after layoff. Such notice shall be sent by registered mail addressed to the employee at the last address appearing on the records of the partiesBoard. However, through this articleif an employee is employed in another school district at the time of recall, such employee shall be allowed to establish complete his contractual obligation before returning, but such employee must notify the Board in writing of the contractual obligation before returning. If an objective procedure employee is unable to return within the fifteen (15) day time limit because of illness or physical incapacity, such employee shall notify the Board in writing and shall return as soon as he is released from the doctor's care. Verification of illness or physical incapacity may be requested by which the Assistant Superintendent for Personnel Services.‌ B. Reduction in Force and Recall 1. An employee whose current assignment is not available due to a reduction in force (i.e.shall be allowed to displace any employee in any other assignment, layoff or job abolishment) may be accomplished, should the need arise, and supersede the provisions of ORC 124.321 to 124.328, 124.37, OAC 123: 1-41-01 to 123: 1-41-22, and all local rules and regulations of the City of East Cleveland Civil Service Commission governing work force reductionsin accordance with criteria specified above. Section 13.22. Employees may Non-Tenured teachers shall be laid off as a result of lack of work, lack of funds, or abolishment of positionprior to tenured teachers. 3. In the event of the School Board declares a district-wide reduction in force or recall after layoff, such layoff or recall shall be executed based upon the Employer shall notify the affected employee thirty (30) calendar days in advance qualifications and certification of the effective date of layoffindividual teacher being considered for reduction in force or recall. The Employer agrees to discuss with representatives of In the FOP the impact of the layoff on the bargaining unit member. Any layoff event that two employees are equal in the bargaining unit qualifications, seniority shall be in accordance with departmental seniority, i.e., the most recent employee hired is the first employee laid off. Any employee laid off from a bargaining unit position may, at his option, displace a permanent part-time or intermittent employee in the same classification. Failure to bump or failure to accept a recall to a part-time or intermittent position shall not jeopardize an employee’s recall rights to a full-time positioncontrol. Section 13.34. Employees who are have been laid off will be recalled on the basis of seniority with the employee with the most seniority on layoff being called back first using the criteria listed above.‌‌‌‌‌ 5. An employee on layoff shall be placed on a recall list for a period of three (3) years. If there is a recall, employees who are still remain on the recall list shall be recalledso long as he expresses a desire to do so to the Board, in the inverse order of their layoffwriting, provided they are presently qualified to perform the work in the work section to which they are recalled. Any recalled employee requiring additional training to meet the position qualifications in existence at the time of recall must satisfactorily complete the additional training required in this section. Such training shall be at the Employer’s expenseleast once per school year. Section 13.4. The recalled employee shall have ten (10) calendar days following the date of recall notice to notify the Employer of his intention to return to work and shall have fifteen (15) calendar days following receipt of the recall notice in which to report for duty, unless a different date for return to work has been otherwise agreed upon.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reduction in Force and Recall. Section 13.1A. Should it become necessary to lay off employees, the Company shall advise the Union of such layoff at least seventy-two (72) hours in advance. It is understood that this provision shall not apply if the intent layoff is caused by emergencies or by conditions beyond the Company's control. B. It is understood the Company shall have the right to retain sufficient numbers of qualified personnel and in such event may assign personnel to particular shifts where required, temporarily, for training, not to exceed 240 hours after assuming the partiesjob. C. Reductions-in-force and recalls shall be on the basis of plant seniority as outlined below: 1. If a layoff is for twenty-one (21) days or less, through this articlethe employee can take a voluntary layoff with recall rights or bump to any job for which he/she is qualified; however, if no junior employee is available to establish an objective procedure by which bump, the employee cannot take a voluntary layoff. 2. Employees who took a voluntary layoff for recall or were laid off, and the reduction in force exceeds twenty-one (i.e.21) days, the employee shall be recalled and exercise his/her bump rights as outlined in paragraph (7) below. 3. Employees who choose to take a layoff or rather than bump to another job abolishment) may can only be accomplished, should recalled to the need arise, and supersede job the provisions of ORC 124.321 to 124.328, 124.37, OAC 123: 1-41-01 to 123: 1-41-22, and all local rules and regulations employee was working at the time of the City of East Cleveland Civil Service Commission governing work force reductions. Section 13.2. Employees may be laid off as a result of lack of work, lack of funds, or abolishment of position. In the event of a layoff, the Employer shall notify the affected employee thirty (30) calendar days in advance of the effective date of layoff. The Employer agrees different classifications in production constitute usual jobs as referred to discuss with representatives of the FOP the impact of the layoff on the bargaining unit memberin Article 7, Section C.5. Any layoff Shift assignments are not recognized in the bargaining unit shall be in accordance with departmental seniority, i.e.considering usual job. In maintenance, the most recent employee hired is classifications, as listed in Appendix "A" Maintenance, are the first employee laid offbasis for determining usual job, with no consideration given to area of assignment. 4. Any employee laid off from When the number of shifts in a bargaining unit position mayparticular job are being reduced, at his option, displace a permanent part-time or intermittent employee in the same classification. Failure senior employee(s) will have the option to bump or failure remain on the job. 5. The employee's "usual job" is the only job for which the employee can be recalled and only a job different from the employee's present "usual job," by the same definition as is used for recall, can be used as a basis for refusing to accept bump. For example, a control operator on "A" shift could not refuse to bump a control operator on "C" shift. The same operator could not refuse recall to a part-time or intermittent position shall not jeopardize an employee’s recall rights to a full-time positionany control operator job, regardless of shift. Section 13.36. Employees An employee who are laid off has taken a voluntary layoff shall have the option to be placed on recalled, to an entry level vacancy, if the employee's usual job has not reopened within a recall list period of six (6) months from the date the layoff began. The employee must be qualified for the work and pass a physical examination to be eligible to return. If the employee's usual job has not reopened for a period of twelve (12) months from the date that employee was placed on layoff, the employee shall have option to bump the lowest seniority employee who is in a job for which the employee on layoff was previously qualified, and assume that employee's job. To be eligible to bump to this job, the employee must pass a physical examination. If the employee elects not to return after twelve (12) months, the seniority of this employee shall be considered broken, all rights forfeited and there shall be no obligation to rehire the employee, consistent with Article 5 of this agreement. 7. If a layoff is for twenty-one (21) days or more, the employee can either take a voluntary layoff with recall rights in accordance with (1) above, or bump to a job for which he/she is qualified or he/she may bump a junior employee and receive a twenty (20) -work-day qualification period or 84 hours if previously qualified in the job. To receive the twenty (20) day qualification period the employee must demonstrate within the first three (3) yearswork days the ability to learn this job within the twenty (20) day qualification period. If there is a recall, employees who are still The employee will only be expected to qualify on the recall list shall be recalled, job that he/she bumps to in the inverse order of their layoff, provided they are presently qualified to perform the twenty (20) work in the work section to which they are recalled. Any recalled employee requiring additional training to meet the position qualifications in existence at the time of recall must satisfactorily complete the additional training required in this sectionday qualification period. Such training will be provided on the day shift when practical. If the employee does not demonstrate the ability within three (3) work days or fails to qualify within twenty (20) days, he/she shall be disqualified and laid off and the incumbent employee shall remain in the job. 8. During the qualification period, the bumping employee shall receive the rate for the last job on which the employee was qualified. 9. It is understood that in Maintenance, if the bumped employee is a Maintenance Xxxxx 0, the bumping employee must have the mechanical skills of the employee he/she bumped after the qualification period. 10. In accordance with paragraph (7), in a given layoff, if a senior employee is laid off without an opportunity to bump and a junior employee is left in the plant at the Employer’s expenseend of the bump/qualification period, the senior employee will be recalled with bump rights. 11. When a layoff is to occur, employees in each department will exhaust all bumps based upon seniority consistent with this Agreement within the department first. After those intra- department bumps occur, a more senior production employee may displace the least senior maintenance employee using plant seniority and will enter the maintenance department as a Mechanic First Year Trainee. A more senior maintenance employee may displace the least senior production employee using plant seniority, but only if he meets the requirements of Section 13.4C.7. The recalled employee of this Article. 12. No bumping between Departments shall have ten (10) calendar days following be allowed, except for the date provision of recall notice to notify the Employer of his intention to return to work and shall have fifteen (15) calendar days following receipt of the recall notice in which to report for duty, unless a different date for return to work has been otherwise agreed upon.Article 7.11

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reduction in Force and Recall. Section 13.1A. Should the Company find it necessary to furlough employees covered by this agreement, the employees will be furloughed in reverse order of their seniority. It is If possible, the intent of the parties, through this article, to establish an objective procedure by which a reduction in force (i.e., layoff or job abolishment) may Company will give employees advance notice that they will be accomplished, should the need arise, and supersede the provisions of ORC 124.321 to 124.328, 124.37, OAC 123: 1-41-01 to 123: 1-41-22, and all local rules and regulations of the City of East Cleveland Civil Service Commission governing work force reductionsfurloughed. Section 13.2. Employees may be laid off B. Should the Company find that need exists for such services as a result of lack of work, lack of funds, or abolishment of position. In the event of a layofffurloughed employees can render, the Employer shall notify the affected employee thirty (30) calendar days Company will recall furloughed employees to duty in advance of the effective date of layoff. The Employer agrees to discuss with representatives of the FOP the impact of the layoff on the bargaining unit member. Any layoff in the bargaining unit shall be in accordance with departmental seniority, i.e., the most recent employee hired is the first employee laid off. Any employee laid off from a bargaining unit position may, at his option, displace a permanent part-time or intermittent employee in the same classification. Failure to bump or failure to accept a recall to a part-time or intermittent position shall not jeopardize an employee’s recall rights to a full-time position. Section 13.3. Employees who are laid off shall be placed on a recall list for a period of three (3) years. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse reverse order of their layoff, provided they are presently qualified mentally and physically fit to perform qualify for the work in job. An employee may be recalled only to an opening within the work section to which they are recalled. Any recalled classification held by the employee requiring additional training to meet the position qualifications in existence at the time of recall must satisfactorily complete the additional training required in this section. Such training shall be at the Employer’s expensefurlough. Section 13.4C. The Company will notify each employee to be recalled by certit1ed mail to the employee's last known address on file with the Company. The recalled It is the responsibility of the employee shall have ten (10) calendar days following to keep the date Company advised of recall notice his/her address. If an employee fails to notify the Employer of his intention to return report to work and shall have within fifteen (15) calendar days following receipt after the date of mailing by the Company of the recall written notice in which to report (or at such later date as the Company might specify in the notice to report), the Company will be relieved of any further obligation to the employee or to offer employment may again be furloughed. X. Xx employee recalled from furlough must be employed a minimum of fifteen (15) days before he/she may again be furloughed. X. Xxxxxxxxx of twenty-four consecutive months or less shall not interrupt seniority or service, provided, however, that while seniority shall continue to accrue during the furlough period, service shall not continue to accrue unless the service is with the Company or one of its subsidiaries. F. The Company shall have no obligation to recall employees who have been on furlough for duty, unless a different date for return to work has been otherwise agreed upontwenty-four (24) consecutive months or more. Any such employees rehired by the Company shall be treated as new hires.

Appears in 1 contract

Samples: Labor Agreement

Reduction in Force and Recall. Section 13.1When evaluating seniority for reduction-in-force purposes, if an employee is full-time by working part-time in two different categories, the employee will receive “bumping rights” in both categories. It is the intent of the parties, through this article, to establish an objective procedure by which a reduction in force (i.e., layoff or job abolishment) may be accomplishedAdditionally, should two employees have the need arisesame number of years of experience within a category, and supersede ties shall be broken as follows: 1) The original date of hire within the provisions district 2) The original date of ORC 124.321 to 124.328, 124.37, OAC 123: 1-41-01 to 123: 1-41-22, and all local rules and regulations approval by the Board of Education 3) The date the City letter of East Cleveland Civil Service Commission governing work force reductions. Section 13.2employment was signed. Employees may be laid off If an employee is removed or dismissed or the hours he/she works are reduced as a result of lack a decision by the Board to decrease the number of workemployees or to discontinue some particular type of educational support service, lack of fundsthe following provisions shall apply: A. Written notice shall be mailed to the employee by certified mail, returned receipt requested, or abolishment by personal delivery with receipt at least 30 days before the employee is removed or dismissed or the hours are reduced, together with a statement of position. In honorable dismissal and the event reason for the reduction-in-force. B. The employee with the shorter length of seniority in the District within the respective category of position shall be dismissed first. C. If the Board has vacancies during a layoffrecall period of one (1) year, the Employer shall notify the affected employee thirty (30) calendar days in advance of the effective date of layoff. The Employer agrees to discuss with representatives of the FOP the impact of the layoff on the bargaining unit member. Any layoff in the bargaining unit positions becoming available within a specific category shall be in accordance with departmental seniority, i.e., offered to the most recent employee hired is the first employee laid off. Any employee laid off removed or dismissed from a bargaining unit position may, at his option, displace a permanent part-time or intermittent employee in the same classification. Failure that category according to bump or failure to accept a recall to a part-time or intermittent position shall not jeopardize an employee’s recall rights to a full-time position. Section 13.3. Employees who are laid off shall be placed on a recall list for a period of three (3) years. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they are presently qualified to perform the work in the work section to which they are recalled. Any recalled employee requiring additional training to meet the position qualifications in existence reverse seniority at the time of recall must satisfactorily complete the additional training required in this section. Such training release, provided he/she is qualified to hold such position. D. Employees shall be at returned to the Employercategory of position which they held prior to release, if vacant. If no positions are available in an employee’s expensecategory, then the employee shall be eligible for any other vacancy in other categories for which he/she has accrued seniority held in the District or any other category or positions so far as he/she is qualified to hold such position. Section 13.4X. Xxxxxx of recall shall be sent to an employee by certified mail (return receipt requested) to the last address submitted to the Board by the employee. The recalled employee shall have ten (10) must notify the Board in writing, within 10 calendar days following of receipt of the date offer, of the acceptance or rejection of any vacant position tendered to the employee during the recall notice period. Any employee who fails to notify the Employer Board of his intention his/her acceptance or rejection of an offered position within the time lines set forth shall be deemed to return to work have waived his/her recall rights and will no longer be eligible for any other vacant positions that become available within the recall period. An employee who timely responds but declines the offered position shall have fifteen (15) calendar days following receipt remain on the recall list, but will be placed at the bottom of the list of the respective category. F. If an employee is released and recalled to a position within the legal recall notice period, the reduction-in-force shall not constitute a break in which to report for duty, unless a different date for return to work has been otherwise agreed uponservice with the District.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reduction in Force and Recall. Section 13.1A. Should it become necessary to lay off employees, the Company shall advise the Union of such layoff at least twenty-four (24) hours in advance. It is understood that this provision shall not apply if the intent layoff is caused by emergencies or by conditions beyond the Company's control. B. It is understood the Company shall have the right to retain sufficient numbers of qualified personnel and in such event may assign personnel to particular shifts where required, temporarily, for training. C. Reductions-in-force and recalls shall be on the partiesbasis of plant seniority as outlined below: 1. If a layoff is for twenty-one (21) days or less, through this articlethe employee can take a voluntary layoff with recall rights or bump to any job for which he/she is qualified; however, if no junior employee is available to establish an objective procedure by which bump, the employee cannot take a voluntary layoff. 2. Employees who took a voluntary layoff for recall or were laid off, and the reduction in force exceeds twenty-one (i.e.21) days, the employee shall be recalled and exercise his/her bump rights as outlined in paragraph (7) below. 3. Employees who choose to take a layoff or rather than bump to another job abolishment) may can only be accomplished, should recalled to the need arise, and supersede job the provisions of ORC 124.321 to 124.328, 124.37, OAC 123: 1-41-01 to 123: 1-41-22, and all local rules and regulations employee was working at the time of the City of East Cleveland Civil Service Commission governing work force reductions. Section 13.2. Employees may be laid off as a result of lack of work, lack of funds, or abolishment of position. In the event of a layoff, the Employer shall notify the affected employee thirty (30) calendar days in advance of the effective date of layoff. The Employer agrees different classifications in production constitute usual jobs as referred to discuss in Article 7, Section C.5. Shift assignments are not recognized in considering usual job. In maintenance, the classifications, as listed in Appendix "A" Maintenance, are the basis for determining usual job, with representatives no consideration given to area of assignment. 4. When the FOP number of shifts in a particular job are being reduced, the impact junior employee(s) will be given a bump notice and the remaining senior employee(s) will select shift preference based on seniority. 5. The employee's "usual job" is the only job for which the employee can be recalled and only a job different from the employee's present "usual job," by the same definition as is used for recall, can be used as a basis for refusing to bump. For example, a control operator on "A" shift could not refuse to bump a control operator on "C" shift. The same operator could not refuse recall to any control operator job, regardless of shift. 6. An employee who has taken a voluntary layoff shall have the option to be recalled, to an entry level vacancy, if the employee's usual job has not reopened within a period of six (6) months from the date the layoff on began. The employee must be qualified for the bargaining unit memberwork and pass a physical examination to be eligible to return. Any layoff in If the bargaining unit shall be in accordance with departmental seniority, i.e., the most recent employee hired is the first employee laid off. Any employee laid off from a bargaining unit position may, at his option, displace a permanent part-time or intermittent employee in the same classification. Failure to bump or failure to accept a recall to a part-time or intermittent position shall employee's usual job has not jeopardize an employee’s recall rights to a full-time position. Section 13.3. Employees who are laid off shall be placed on a recall list reopened for a period of twelve (12) months from the date that employee was placed on layoff, the employee shall have option to bump the lowest seniority employee who is in a job for which the employee on layoff was previously qualified, and assume that employee's job. To be eligible to bump to this job, the employee must pass a physical examination. If the employee elects not to return after twelve (12) months, the seniority of this employee shall be considered broken, all rights forfeited and there shall be no obligation to rehire the employee, consistent with Article 5 of this agreement. 7. If a layoff is for twenty-one (21) days or more, the employee can either take a voluntary layoff with recall rights in accordance with (1) above, or bump to a job for which he/she is qualified or he/she may bump a junior employee and receive a twenty (20) -work-day qualification period or 84 hours if previously qualified in the job. To receive the twenty (20)-day qualification period the employee must demonstrate within the first three (3) yearswork days the ability to learn this job within the twenty (20)-day qualification period. If there is a recall, employees who are still The employee will only be expected to qualify on the recall list shall be recalled, job that he/she bumps to in the inverse order of their layoff, provided they are presently qualified to perform the twenty (20) work in the work section to which they are recalled. Any recalled employee requiring additional training to meet the position qualifications in existence at the time of recall must satisfactorily complete the additional training required in this sectionday qualification period. Such training will be provided on the day shift when practical. If the employee does not demonstrate the ability within three (3) work days or fails to qualify within twenty (20) days, he/she shall be disqualified and laid off and the incumbent employee shall remain in the job. 8. During the qualification period, the bumping employee shall receive the rate for the last job on which the employee was qualified. 9. It is understood that in Maintenance, if the bumping employee is a Maintenance Xxxxx 0, the bumping employee must have the journeyman skills of the employee he/she bumped after the qualification period. 10. In accordance with paragraph (7), in a given layoff, if a senior employee is laid off without an opportunity to bump and a junior employee is left in the plant at the Employer’s expense. Section 13.4. The recalled employee shall have ten (10) calendar days following the date of recall notice to notify the Employer of his intention to return to work and shall have fifteen (15) calendar days following receipt end of the recall notice in which to report for dutybump/qualification period, unless a different date for return to work has been otherwise agreed uponthe senior employee will be recalled with bump rights.

Appears in 1 contract

Samples: Collective Bargaining Agreement (LSB Industries Inc)

Reduction in Force and Recall. Section 13.1. It If an employee is removed or dismissed or the intent of the parties, through this article, to establish an objective procedure by which a reduction in force (i.e., layoff or job abolishment) may be accomplished, should the need arise, and supersede the provisions of ORC 124.321 to 124.328, 124.37, OAC 123: 1-41-01 to 123: 1-41-22, and all local rules and regulations of the City of East Cleveland Civil Service Commission governing work force reductions. Section 13.2. Employees may be laid off hours he/she works are reduced as a result of lack a decision by the Board to decrease the number of workemployees or to discontinue some particular type of educational support service, lack of fundsthe following provisions shall apply: A. Written notice shall be mailed to the employee by certified mail, returned receipt requested, or abolishment by personal delivery with receipt at least 30 days before the employee is removed or dismissed or the hours are reduced, together with a statement of position. In honorable dismissal and the event reason for the reduction-in-force. B. The employee with the shorter length of a layoffseniority in the District within the respective category of position shall be dismissed first. C. If the Board has vacancies during the recall period established under the School Code, the Employer shall notify the affected employee thirty (30) calendar days in advance of the effective date of layoff. The Employer agrees to discuss with representatives of the FOP the impact of the layoff on the bargaining unit member. Any layoff in the bargaining unit positions becoming available within a specific category shall be in accordance with departmental seniority, i.e., offered to the most recent employee hired is the first employee laid off. Any employee laid off removed or dismissed from a bargaining unit position may, at his option, displace a permanent part-time or intermittent employee in the same classification. Failure that category according to bump or failure to accept a recall to a part-time or intermittent position shall not jeopardize an employee’s recall rights to a full-time position. Section 13.3. Employees who are laid off shall be placed on a recall list for a period of three (3) years. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they are presently qualified to perform the work in the work section to which they are recalled. Any recalled employee requiring additional training to meet the position qualifications in existence reverse seniority at the time of recall must satisfactorily complete the additional training required in this section. Such training release, provided he/she is qualified to hold such position. D. Employees shall be at returned to the Employercategory of position which they held prior to release, if vacant. If not positions are available in an employee’s expensecategory, then the employee shall be eligible for any other vacancy in other categories for which he/she has accrued seniority held in the District or any other category or positions so far as he/she is qualified to hold such position. Section 13.4X. Xxxxxx of recall shall be sent to an employee by certified mail (return receipt requested) to the last address submitted to the Board by the employee. The recalled employee shall have ten (10) must notify the Board in writing, within 10 calendar days following of receipt of the date offer, of the acceptance or rejection of any vacant position tendered to the employee during the recall notice period. Any employee who fails to notify the Employer Board of his intention his/her acceptance or rejection of an offered position within the time lines set forth shall be deemed to return to work have waived his/her recall rights and will no longer be eligible for any other vacant positions that become available within the recall period. An employee who timely responds but declines the offered position shall have fifteen (15) calendar days following receipt remain on the recall list, but will be placed at the bottom of the list of the respective category. F. If an employee is released and recalled to a position within the legal recall notice period, the reduction-in-force shall not constitute a break in which to report for duty, unless a different date for return to work has been otherwise agreed uponservice with the District.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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