Common use of Reduction in Forces Clause in Contracts

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 whole or in part. It is understood and agreed that such temporary force reductions will be confined solely to those work locations directly affected by any suspension of operations. It is further understood and agreed that notwithstanding the foregoing, any employee who is affected by an emergency force reduction and reports for work for his position without having been previously notified not to report, shall receive four hours’ pay at the applicable rate for his position. (2) Rules, agreements or practices, however established, that require advance notice before positions are temporarily abolished or forces are temporarily reduced are hereby modified so as not to require advance notice where a suspension of a carrier’s operations in whole or in part is due to a labor dispute between said carrier and any of its employees. (g) Employees temporarily suspended to reduce the force will, under this rule, have the same rights as regards seniority as employees on leave of absence, except they may engage in any employment they may desire without making any special arrangements with either the company’s representatives or the employee’s representatives. (h) When it becomes necessary to adjust the forces for any reason, the position or positions to be made vacant shall be abolished as provided.

Reduction in Forces. ‌ (a) When it becomes necessary to reduce expenses, the force at any point, or in any department or sub department subdepartment 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 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’ 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 whole or in part. It is understood and agreed that such temporary force reductions will be confined solely to those work locations directly affected by any suspension of operations. It is further understood and agreed that notwithstanding the foregoing, any employee who is affected by an emergency force reduction and reports for work for his position without having been previously notified not to report, shall receive four hours’ pay at the applicable rate for his position. (2) Rules, agreements or practices, however established, that require advance notice before positions are temporarily abolished or forces are temporarily reduced are hereby modified so as not to require advance notice where a suspension of a carrier’s operations in whole or in part is due to a labor dispute between said carrier and any of its employees. (g) Employees temporarily suspended to reduce the force will, under this rule, have the same rights as regards seniority as employees on leave of absence, except they may engage in any employment they may desire without making any special arrangements with either the company’s representatives or the employeemen’s representatives. (h. STANDARD FORM TO BE USED WHEN REDUCING FORCES Location Date The following position(s) When it becomes necessary to adjust will be abolished. Employees whose positions are abolished will be governed by the forces for any reason, the position or positions provisions of Rule 25. Title of Position Incumbent Effective: Time Date The following employee(s) stand to be made vacant shall be abolished furloughed as provided.a result of this force reduction:

Reduction in Forces. (a) When it becomes necessary to reduce expenses, the force at any point, or in any department or sub department subdepartment 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 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’ 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 whole or in part. It is understood and agreed that such temporary force reductions will be confined solely to those work locations directly affected by any suspension of operations. It is further understood and agreed that notwithstanding the foregoing, any employee who is affected by an emergency force reduction and reports for work for his position without having been previously notified not to report, shall receive four hours’ pay at the applicable rate for his position. (2) Rules, agreements or practices, however established, that require advance notice before positions are temporarily abolished or forces are temporarily reduced are hereby modified so as not to require advance notice where a suspension of a carrier’s operations in whole or in part is due to a labor dispute between said carrier and any of its employees. (g) Employees temporarily suspended to reduce the force will, under this rule, have the same rights as regards seniority as employees on leave of absence, except they may engage in any employment they may desire without making any special arrangements with either the company’s representatives or the employeemen’s representatives. (h. STANDARD FORM TO BE USED WHEN REDUCING FORCES Location Date The following position(s) When it becomes necessary to adjust will be abolished. Employees whose positions are abolished will be governed by the forces for any reason, the position or positions provisions of Rule 25. Title of Position Incumbent Effective: Time Date The following employee(s) stand to be made vacant shall be abolished furloughed as provided.a result of this force reduction:

Reduction in Forces. (a) When it becomes necessary to reduce expensesIn the event a reduction of forces is caused by an emergency condition, the force at any pointapplication of seniority as provided for in this section may be postponed for such periods as may be necessary, or but not exceeding three (3) working days. If the Employer decides to exercise its rights under this provision, it shall notify the Committee in any department or sub department thereof, shall be reduced, seniority to governwriting immediately. An emergency condition is defined as something reasonably outside the control of the Employer. (b) Except In the event a short term reduction of forces is scheduled by the Employer for other than an emergency condition (as noted above), the application of seniority as provided for in Paragraph this section may be postponed for such periods as may be necessary, but not exceeding three (f3) of this Rule, five working days’ notice days and the Employer will be given make every effort to ensure senior employees are offered remaining and available work subject to the men affected before reduction is made, employee’s seniority and lists will be furnished competency to perform the local committeework. (c) In the restoration event of forcesany, senior laid other than item a) or b) above, reduction in the workforce, the last person hired shall be the first person released subject to their seniority and competency. Those Employees retained on the payroll shall have the right to retain their current job/position according to their seniority. d) Those Employees with insufficient seniority to retain their current job/position shall return to their previously held job/position in the reverse order that they were held, and in such case replace anyone with less seniority on such job/position or accept a lay off employees will be recalleduntil his regular job becomes available, provided however: (1) The employee will be sent a recall letter via CERTIFIED MAILIf during the lay-RETURN RECEIPT REQUESTED to off period 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 Employee wishes to return to service within fifteen (15) days from receipt of such recall noticework and notifies the Employer, he shall be called back to work as soon as his name will be removed from the Seniority Roster on which recalled and the employee notified accordingly by CERTIFIED MAIL – RETURN RECEIPT REQUESTEDseniority entitles him to a job. 2) The application of this provision shall not result in an Employee, in the exercise of his rights, bumping an Employee with less seniority. e) Those Employees with insufficient seniority to retain a previously held job/position shall be allowed to claim and replace, subject to their seniority, a job/position that is filled by an Employee of lesser seniority. In this case the senior Employee shall be provided with training, if required, however this training will not be provided if the lay-off period is less than the training period for the job/posting (3see Job Posting, Appendix E) If an employee or if the General Chairman training requires outside certification. f) In case of re-establishment of the Craft subsequently contends that his name was removed from the Roster improperlyworkforce, a hearing will be heldthose demoted must claim their previously held job(s), 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 establishedthat they cannot replace an incumbent on such job/position, 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 if their seniority is of a carrier’s operations in whole or in part. It is understood and agreed that such temporary force reductions will be confined solely to those work locations directly affected by any suspension of operations. It is further understood and agreed that notwithstanding the foregoing, any employee who is affected by an emergency force reduction and reports for work for his position without having been previously notified not to report, shall receive four hours’ pay at the applicable rate for his positionlesser amount. (2) Rules, agreements or practices, however established, that require advance notice before positions are temporarily abolished or forces are temporarily reduced are hereby modified so as not to require advance notice where a suspension of a carrier’s operations in whole or in part is due to a labor dispute between said carrier and any of its employees. (g) Employees temporarily suspended to reduce the force will, under this rule, have the same rights as regards seniority as employees on leave of absence, except they may engage in any employment they may desire without making any special arrangements with either the company’s representatives or the employee’s representatives. (h) When it becomes necessary to adjust the forces for any reason, the position or positions to be made vacant shall be abolished as provided.