Reduction in Forces. (a) In the event of a reduction of the forces, the last person hired shall be the first released subject to the competency of the person involved and the provisions of Section 1.
(b) Where a reduction of forces is caused by emergency conditions, the application of seniority as agreed to under Section 2 may be postponed for such periods as may be necessary, but not exceeding three (3) working days. If the Company decides to exercise its rights under this provision, it shall notify the Committee as soon as possible.
(c) Subject to the provisions of the Job Posting and Seniority Supplement as referred to in Section 2(a) above, during a reduction of forces where an Employee's seniority is such that he will not be able to keep his regular job, he may elect to apply his seniority to obtain a job paying a higher rate subject to the competency of the person involved and the provisions of Section 1.
(d) During a reduction of forces where an Employee's seniority is such that he will not be able to keep his regular job, he may elect whether or not to apply his seniority to obtain a lower paid job or a job paying the same rate of pay or accept a lay-off until his regular job becomes available, provided however:
(i) If during the lay-off period the Employee wishes to return to work and so notifies the Company, he shall be called back to work as soon as his seniority entitles him to a job.
(ii) The application of this provision shall not result in an Employee, in the exercise of his rights, bumping an Employee with less seniority.
Reduction in Forces. A. In the event that METRO anticipates a need for a reduction in forces, METRO shall notify the Union five
Reduction in Forces. (a) When it becomes necessary to reduce expenses, the force at any point, or in any department or sub department thereof, shall be reduced, seniority to govern.
(b) Except as provided in Paragraph (f) of this Rule, five working days’ notice will be given the men affected before reduction is made, and lists will be furnished the local committee.
(c) In the restoration of forces, senior laid off employees will be recalled:
(1) The employee will be sent a recall letter via CERTIFIED MAIL-RETURN RECEIPT REQUESTED to the last address on file with the Carrier, with copy to the local chairman, advising him that he is recalled to service and that he should report to a specified location at a designated time and date.
(2) Should the employee fail to notify the recalling officer of his intentions or fail to return to service within fifteen (15) days from receipt of such recall notice, his name will be removed from the Seniority Roster on which recalled and the employee notified accordingly by CERTIFIED MAIL – RETURN RECEIPT REQUESTED.
(3) If an employee or the General Chairman of the Craft subsequently contends that his name was removed from the Roster improperly, a hearing will be held, with the Organization notified in advance thereof, to develop the full facts and make determination as to the merits of the employee’s contention. A copy of the recall letter is reproduced below.
(d) The local committee will be furnished a list of men to be restored to service.
(e) When positions are abolished and subsequently restored within thirty (30) calendar days, the last regular assigned incumbents must return to their former positions unless:
(1) They have been displaced thereon by a senior employee under Rule 27.
(2) There is a senior qualified furloughed man entitled to recall ahead of the former incumbent. When an employee returns to a reestablished position under this paragraph, all employees’ disturbed account the abolishment must return to their former assignment in the same manner as herein provided.
(1) Rules, agreements or practices, however established, that require advance notice to employees before temporarily abolishing positions or making temporary force reductions are hereby modified to eliminate any requirement for such notices under emergency conditions, such as flood, snow storm, hurricane, tornado, earthquake, fire or labor dispute other than as covered by paragraph (2) below, provided that such conditions result in suspension of a carrier’s operations in ...
Reduction in Forces. 1. Effective August 1, 1986, employees who are permanently assigned in areas of the Operating Department who may be transferred from their regularly assigned classifications and thereby assigned, in accordance with the seniority provisions of the Agreement, to a vacancy with a lower rate of pay, shall continue to receive the higher rate of pay until they have had an opportunity to bid on and are the successful bidder to another vacancy calling for the same or higher rate of pay. When there is more than one (1) bidder receiving the frozen rate of pay, all except the youngest employee in seniority shall have the right to refuse the vacancy. An employee who accepts a vacancy in order to protect a frozen rate or his retained seniority shall have the right to return to the vacancy from which he vacated if the vacancy he takes does not last for more than ninety (90) days. Any question arising pertaining to safety due to reduced personnel in any area will be subject to Article XVII, Section 2.
2. Reduction in personnel and reduction in rate can, however, result from the fact that the operation of all or part of the equipment being operated in area is shut down either permanently or temporarily. Any layoff will be in accordance with Article XI, Section 13. No employee will be reduced in pay for ninety (90) calendar days because of temporary shutdown.
3. Bumping Procedure - Employees permanently assigned to an area who are transferred to the Operator Trainee classification due to the shutdown of equipment will be allowed to replace other employees as follows:
(a) An equivalent number of vacancies permanently filled by employees with least bargaining unit seniority in any classification with less bargaining unit seniority, than employees reduced back to the Operator Trainee classification, will be declared vacant. The declaring of vacancies will be made within ninety (90) days after area shutdown and the assignments will be made on the ninety-first (91st) day.
(b) The vacancies declared vacant by the application of Item (1) above will be filled in accordance with bargaining unit seniority by those employees reduced to the Operator Trainee classification, or by the employees whose assignments were declared vacant.
(c) Employees reduced to the Operator Trainee classification who bid on and are the successful bidders before vacancies are declared as provided in Item (a) above will not be included in the number of assignments to be declared vacant.
4. Any employee who h...
Reduction in Forces a) Whenever a reduction in forces in a line of progression becomes necessary, any students shall be laid off. If a further reduction in forces becomes necessary, any other temporary employees or probationary employees shall be laid off. Thereafter, a further reduction in forces shall be accomplished by demoting, transferring and laying off employees in their inverse order of classification and bargaining unit seniority as set forth below. An employee's classification seniority in any classification is equal to his length of service in the classification plus his length of service in all higher classifications in the line of progression. An employee shall not continue to accumulate classification seniority if he is not working in the line of progression. An employee can neither accumulate nor maintain classification seniority in two
Reduction in Forces a) In the event of a reduction of the forces, the last person hired shall be the first released subject to the competency of the person involved and the provisions of Section 1.
b) During a reduction of forces where an Employee's seniority is such that they will not be able to keep their regular job, they may elect to apply their seniority to obtain another position they are competent to do.
Reduction in Forces. 18.1 In case of personnel reduction, lay‐off shall be done by reverse order of seniority. Personnel with the lowest seniority (by date of hire as a full-time, regular status employee) shall be laid off first. In the event personnel have the same date of hire, layoff shall be determined by final entry-level test scores, with the employee having the lowest test score laid off first.
18.2 In the event the Employer must reduce rank or job classification within the workforce, the Employee’s “Time-In-Grade” shall determine the order in which the reduction in rank or job classification shall occur. Employees, who have been promoted to or have retained the position the longest, shall be the last who are reduced to the next lower promotion rank or to the next highest position within the department. Employees who have been promoted to or retained the position the least amount of time shall be the first reduced to the next lower promotional rank or to the next highest position within the department.
18.3 In the event the Employer must reduce rank or job classification and the employees share the same promotional date, reduction shall be determined by final test scores (if comparable), with the employee having the lowest test score reduced to the next lowest rank or job classification first.
18.4 In the event the Employer must reduce rank or job classification and the employee’s share the same promotional date and share the same final test score, the employee with the lowest seniority (by date of hire as a full-time, regular status employee) shall be reduced first.
18.5 Employees who were reduced in rank shall be returned to their previous highest promoted position in reverse order of the rank reduction when the next vacancy for the higher rank opens.
18.6 For all employees reduced in rank or job classification who have successfully passed their probationary period in that higher position, there is no sunset date to return to their previous promoted position and they shall be re-promoted to the higher rank without having to participate in another testing process.
18.7 Seniority shall be determined by continuous service with the Employer from the date of hire or time in grade whichever is applicable. Continuous service is defined in Article 21 and shall be broken by resignation, discharge, or retirement.
18.8 Each employee laid off shall be placed on a reserve list for five (5) years in order of layoff. Vacancies in the department shall be filled from the reserve list ...
Reduction in Forces. In the event of a reduction of the forces, the last person hired shall be the first released subject to the qualifications of the persons involved. Displaced personnel may bump the least senior person in a job classification provided they have the seniority and are competent to hold the position. If the displacement is temporary then the following applies: Competency requires having held the position or the back up position in the past five years and an ability to complete the required tasks and sign off on the training package within two weeks. If the displacement is deemed permanent the following applies: Competency requires having held the position or the backup position in the past and an ability to complete the required tasks and sign off on the training package within four weeks. For entry level positions, there is not a requirement to have previously held the position and a demonstration of competency may be extended to 60 days.
Reduction in Forces. Layoffs and recalls will be im- plemented according to Section 10.2 Seniority Principle, above. Employees removed from the affected classifications pursuant to Section 10.2 Seniority Principle, shall exercise their seniority, as de- fined in Section 10.1 Probationary Period and Section 10.2 Seniority Principle in any other classification in which they can perform work or can become qualified to perform work within ninety (90) working days if such seniority is great enough to obtain a job. The employee so displaced shall be the least senior employee in the classification. Employees bumped from any classification in accordance with these provisions shall exercise their seniority in the same manner in any classification in which they perform the work or can become qualified to perform work within ninety (90) working days. In the case of probationary employees, they shall be the first employees displaced.
Reduction in Forces. A. Notice Of Reduction In Force
1) In the event of a reduction in force, employees at the station or location and in the classification being reduced will be laid off in seniority order. An employee who is laid off or displaced may exercise such seniority in accordance with Article 11.
2) When it becomes necessary to reduce the number of permanent positions at any station or location, at least 14 calendar days advance written notice, or pay in lieu thereof for all workdays less than such advance notice, will be given to employees who are to be laid off by the Company, except that in the event of an Act of God, labour dispute or other circumstance over which the Company does not have control no advance notice or pay in lieu thereof will be required. This paragraph has no application to a reduction in the number of temporary positions at any station or location.
3) A copy of the notice will be furnished to the President of TC Local 1976 and Unit President.
4) Notices of reduction in force need not necessarily be given in seniority order.
