REDUCTION IN WORK FORCE. A. Any employee who is laid off because of a reduction in staff will be notified at least two weeks in advance, when possible, by certified mail by the Office of the Executive Director of Human Resources/Legal Affairs or her/his designee. B. In an instance of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final. C. In the event of a layoff, the procedure below will be followed: 1. Probationary employees assigned to the affected position(s) will be laid off in an order determined by the Board. 2. Non-probationary employees assigned to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having the least seniority being laid off first. 3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow next, is an employee may at the time of their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displaced. 4. Employees laid off through the procedures set forth in this Article will be retained on a recall list for a period equal to the sum of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedure. 5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement. D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the duties and meet all the requirements of the position as set forth in the job description. E. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff. F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of address.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN WORK FORCE. The College and the Association recognize that open communication during a potential reduction in force is beneficial and agree to work together throughout the process to minimize the impact of the reduction on the individual employees and on the College. When the College determines that a reduction in the work force within the bargaining unit may be necessary, the President or President’s designee will meet with representatives of the Association before any reduction takes place to discuss alternatives to reduction. If the reduction in work force proceeds after discussion with representatives of the Association, it shall proceed in the following manner:
A. Any After a preliminary list of positions scheduled for elimination has been prepared, the College and representatives of the Association will meet to discuss ways to minimize the disruption of the reduction and “bumping” process.
B. A regular classified employee whose position is scheduled for elimination shall have the right to displace (“bump”) the least senior (seniority shall mean the total length of continuous contracted employment at LBCC) regular or trial service classified employee within his/her grade, provided that the position’s FTE load is within 10% of the employee’s current FTE, and the “bumping” employee is qualified for the position. In the event the “bumping” employee is not qualified for the position occupied by the least senior employee or there is more than a 10% difference in FTE the “bumping” employee may then displace the next-least senior employee and continue in order until he/she arrives at a position, if at all, that he/she is qualified to perform and is within 10% of his/her current FTE. If a position is not found that meets these requirements in his/her current grade, then the “bumping” rights will continue, beginning with the next grade lower than the employee’s current grade, until a match is found.. Employees who “bump” in the above conditions will be subject to the salary conditions set out in “I” below.
C. Employees with ten (10) or more years of seniority may not be bumped. Employees who have been at step 2 (written reprimand), or 3 (disciplinary suspension) of the progressive discipline process as articulated in Article 15B of this agreement, for not more than twelve (12) months will not be eligible for the “bumping” rights provided by this article. When a position initially funded with strategic budgetary funds is converted by the college to regular continuing status, such action shall not be construed as a vacancy for the purposes of bumping or preferred hiring if the incumbent continues in the position. A regular classified employee may not “bump” a special classified employee. A regular classified employee whose position is funded, in part, by a contract or grant may not be bumped if, to do so, would cause the College to be in violation of the terms or conditions of any grant or contract that provides funding for the position.
D. The provisions of this article shall apply to the regular position of any classified employee on temporary leave, or temporarily assigned to another position, whose regular position is eliminated in a reduction in force, or who is laid off because bumped as a result of a reduction in staff force.
E. The College shall initially determine whether an employee meets the minimum qualifications required to perform the duties of a position sought through the “bumping” provisions of this article. The College, after conferring with the Association, will establish reasonable timetables for matching employees with “bumped” positions, and for notifying employees that they will be notified at least two weeks in advance, when possible, by certified mail by “bumped,” and shall keep the Office Association informed of these timetables so that it may work with its members through the Executive Director of Human Resources/Legal Affairs or her/his designeebumping process. An employee whose position is reduced under this article shall be given no less than 30 college business days before the position reduction is effective. An employee who is scheduled to be bumped under this article shall be given no less than 30 college business days before the bump is effective.
B. In an instance of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final.
C. In the event of a layoff, the procedure below will be followed:
1. Probationary employees assigned to the affected position(s) F. Employees who have been notified they will be laid off in an order determined by the Boardor bumped under this article shall be granted five (5) hours of work time during their regularly scheduled work day, to update their application materials.
2. Non-probationary employees assigned G. As soon as the College has given notice of a reduction or bump, and prior to the actual date of reduction or bump, any regular employee whose position is so affected position(s) will be laid off immediately placed on preferred hiring. Employees scheduled for either reduction or bump will have the right to any vacancies that occur within the bargaining unit for which they are qualified. If there is more than one employee scheduled for reduction or bump, who meets the minimum qualifications of a vacancy, the supervisor will offer to interview the two (2) or three (3) most senior employees and hire from this group without regard to seniority. If the selected employee(s) declines an offer of employment, the vacancy will be opened to the rest of the College or to the public. The successful employee will be reassigned as a result of this interview process, and if it is the bumping employee who is chosen through the interview process the “bump” shall be rescinded and the “bumped” employee shall be retained in his or her current assignment. An employee who declines reassignment under this paragraph shall retain other rights secured by this article.
X. In the event that an employee whose position is scheduled for elimination is reassigned to a vacancy, or bumps into a position, at the same salary grade, or within one (1) grade below, the employee will be placed on the step in the reverse order new salary grade that is closest to his or her current salary without being below that amount. In the event the existing salary exceeds the salary grade ceiling for the new position, the employee’s salary will be frozen. If the employee accepts a position lower than one (1) grade below the original grade, the employee will be placed on the same step in the new salary grade that he or she was on in the current position (e.g., an employee at step five (5) of their senioritygrade seventeen (17) would be placed at step five (5) of grade fifteen (15) if the employee chooses to accept a position at that grade).
I. A special classified employee shall not have the right to displace, or bump, any other employee under the terms of this article. When the College decides that a reduction in force affecting a special classified position is necessary, the Association will be given notice of the reduction and an opportunity to provide input. When possible, a special classified employee will be given at least 30 days of notice of the reduction of the position. A special classified employee who has completed trial service, and whose position is eliminated, shall be granted immediate preferred hiring status upon notice of reduction under this article. A special classified employee, whose position is eliminated, shall have the same right to interview for vacancies, under Paragraph G of this article, as that granted other employees whose positions are reduced.
J. A person entering a position through an exercise of “bumping” rights or preferred hiring shall have a maximum of four months to learn and perform the job. A performance appraisal shall be completed and discussed with the employee having at the least seniority being laid off firstend of two months. Up to the time of the four month review, the employee may choose to end the placement and, if eligible, return to preferred hiring. Or the employee and the supervisor may jointly determine that the employment be terminated and, if eligible, the employee may return to preferred hiring. The Association will be notified prior to any meeting to discuss an unsatisfactory appraisal and, subject to the employee’s approval, the appraisal meeting may be attended by a representative of the Association and of the College. If the employee’s two-month appraisal is delayed, then the employee’s maximum of 4 months to learn and perform the job shall be extended by the length of the delay At the time of the four (4) month review, the supervisor may determine whether the employee continues in the assignment or if eligible returns to preferred hiring. An employee whose employment is terminated under this paragraph shall be placed on the preferred hiring list for the remainder of his/her original preferred hiring term, or as extended by the length of any delay in appraising the employee. If the employee is not eligible to return to preferred hiring, their employment will be terminated. The original employee who was bumped from the position shall be offered the position. Nothing in this article is intended to limit the provisions of Article 15, Discipline and Discharge.
3. During a K. Upon the date of reduction in workforce non-probationary employees from the college, the persons who have been laid off or bumped will first be paid for any unused paid leave accruals, including those above the normal 200 hour limit, unless he or she exercises their option of Article 23.H. to retain their paid leave during the period that they are on the preferred hiring list.
L. A person who has been laid off or bumped under this article shall be granted preferred hiring status beginning with notification and continuing for twelve (12) consecutive months from the date their position is reduced. Preferred hiring status shall mean the following:
1. During the term a person is on preferred hiring status, if a position becomes vacant, and the person meets the minimum qualifications, he/she shall be offered any the position. If there is more than one person on preferred hiring, who meet the minimum requirements of the vacant position, the supervisor will interview the two (2) or three (3) most senior individuals and hire from this group without regard to seniority.
2. While on preferred hiring status, a person may only decline two (2) offers of regular positions with salaries that are the same within 10% of their FTE or close to the same as the number within one (1) grade of days and hours as the position the person was originally reduced from. A person declining a third offer of a regular position, as defined in this paragraph will be removed from which they are being laid offthe preferred hiring list.
3. The Procedure that Preferred hiring status will follow next, end prior to completion of the preferred hiring term if a person is an employee may at the time of their layoff, displace the least senior employee within the program working the same unsuccessful in two job placements through bumping or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displacedpreferred hiring.
4. Employees laid off through A person on the procedures set forth in this Article preferred hiring list who has not been re-employed by the College after the preferred hiring term shall be deemed to have been given timely notice and his/her employment will be retained on a recall list have been terminated for a period equal to all purposes as of the sum end of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedurethat term.
5. Based on the affected person’s expressed contact preference(s), Human Resources will initiate contact with the affected person to make the offer of reemployment. The parties reserve the right during a period of reduction to meet offer and discuss alternative procedures position description will be delivered to the implementation affected person, with a copy to the Association President. The College is entitled to the conclusive presumption that notice provided to the affected person has been received. Offers of re-employment must be accepted by the affected person within eight (8) calendar days of the layoff procedure. Absent mutual agreement date the offer is made unless that deadline is extended by the parties in College. If the eighth calendar day falls on a timely fashionday that the College is closed, the Board reserves deadline will be extended to the end of the next College Business Day. If the affected person does not respond, or if the person declines an interview for a regular position as described in L.2. of this article, they will be deemed to have used one of their two preferred hiring refusals.
6. Persons on preferred hiring shall have rights to tuition waiver as indicated in Article 21-C.
7. Upon the re-employment of the person on preferred hiring status, he/she shall be entitled to all employment rights and College-conferred benefits enjoyed prior to reduction. In the event of re-employment from preferred hiring status, paragraph H of this article shall apply to salary placement.
M. In the event that a position eliminated from the bargaining unit under the terms of this article is added back to the unit within twelve (12) months, the person who held the position at the time it was eliminated shall be offered the re-added job, provided that person is still employed by the College or on the preferred hiring list. For purposes of this paragraph, a position shall be considered the same position when it includes substantially the same essential duties and is added to essentially the same division or department as the eliminated position.
N. The College shall facilitate career counseling and consultation for the benefit of individuals who are scheduled to lose their jobs and for those on the preferred hiring list. Individuals on the preferred hiring list shall have the right to implement professional development funds under the provisions set forth. This provision shall become effective after same terms as classified employees who remain with the ratification of this AgreementCollege.
D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the duties and meet all the requirements of the position as set forth in the job description.
E. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff.
F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of address.
Appears in 2 contracts
Samples: Classified Association Agreement, Classified Association Agreement
REDUCTION IN WORK FORCE. A. Any employee who is laid off because of 13:01 When circumstances require a reduction in staff the number of employees within a classification, the following procedure shall apply:
(i) An employee with the most seniority of those affected by the reduction in the classification shall displace the most junior employee in another classification within the same Seniority List, provided his seniority so allows and he can continue to perform the work required.
(ii) If the reduction results in the classification changing from Continuous Shift to a non-Continuous Shift, then senior employees being retained in the classification may, in order of seniority, be allowed to exercise any "bump" that the junior employee(s) could have exercised under 13:01 (a) (i) or 13:01 (d), provided the senior employee is capable of continuing to perform the work required.
(b) An employee so displaced shall in turn displace the most junior employee in another classification within the same Seniority List, provided his seniority so allows and he can continue to perform the work required.
(c) Notwithstanding (a) and (b) above, an employee displaced from a day job ("E" shift) through the provisions of this Article, shall have the following options: To displace the most junior employee on any Seniority List on a day job ("E" shift) not requiring training (*) provided his seniority so allows. OR To displace the most junior employee in any classification on any Seniority List (Maintenance skilled classifications excepted), provided his seniority so allows and he can continue to perform the work required.
(d) An employee displaced from a Departmental Seniority List, having previously exhausted all possible options within his own Seniority List as detailed in (a) and (b) of this section, shall be entitled to displace the most junior employee in any classification on any Seniority List (Maintenance skilled classifications excepted), provided his seniority so allows and he can continue to perform the work required. If more than one shift schedule is in effect in the classification, said employee may select his schedule provided his seniority so allows.
(i) An employee displaced from a Departmental Seniority List, having previously exhausted all possible options as detailed in (a), (b), (c), and (d) of this section shall be entitled to displace the most junior employee in any of the Seniority Lists (Maintenance skilled classifications excepted) provided his seniority so allows and he has the physical fitness to perform the work required and shall be trained to perform such work.
(ii) An employee displaced from a Departmental Seniority List, having previously exhausted all possible options as detailed in (a), (b), (c), (d), and (e)(i), who cannot perform the work required due to physical restrictions as confirmed by his Doctor, verified by the Company Doctor and where applicable verified by the WSIB will be notified allowed to displace the most junior employee of all those classifications on a comparable shift, provided his seniority so allows, and he can perform the work required as medically cleared by his Doctor, verified by the Company Doctor and where applicable verified by the WSIB. Training will be provided. If placement on a comparable shift is not applicable, then the restricted employee will be allowed to displace the most junior employee in the plant, seniority allowing in a classification in which he can perform the work required as medically cleared by his Doctor, verified by the Company Doctor and where applicable verified by the WSIB. Training will be provided.
(iii) If the restricted employee cannot be placed through the application of this section, then he shall be placed on the Inactive Seniority List (provided he is not receiving wages from other employment or refuses rehabilitative training as offered by the (Workplace Safety & Insurance Board) and the Company shall advise him of any future openings which he could perform.
(iv) An employee who cannot be assigned to another job through the application of 13.01(e) and who is ineligible for the Inactive Seniority List, may be placed on layoff.
(f) An employee entering another Department through the provisions of this Article, shall have his seniority transferred as of the date of the transfer.
(g) An employee displaced from his Department through the application of this Article, shall not transfer to another Department under the provisions of Article XII- Transfers and Promotions while a more senior non-restricted employee is on lay-off.
13:02 In the event a reduction of work results in a layoff, probationary employees shall be the first to be laid off.
13:03 Employees laid off shall for the purpose of recall, be provided with a form by the Human Resources Department on which they shall indicate the jobs they can reasonably perform. Employees who have indicated the jobs they can reasonably perform, on a form provided by the Human Resources Department, shall under certain circumstances be allowed to place themselves on lay-off.
13:04 In the event of lay-off for reasons other than those listed in Article XIX of the Agreement section 19:01 (a), (b), (c), and (d), the Company shall give at least two weeks in advance, when possible, by certified mail by seven (7) calendar days notice to the Office of the Executive Director of Human Resources/Legal Affairs or her/his designeeemployees affected.
B. In an instance of 13:05 Whenever two (2) job classifications are combined into a single new classification, any employee who has been classified in either job during the previous five (5) years shall be allowed to displace a more junior employee in the new classification if he is affected by a reduction in the work force.
13:06 On occasions that scheduled maintenance of electrical equipment necessitates a power outage, the Board will determine the positions to be employees affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be finallaid off for a period not in excess of one-half of their regular shift and shall not be eligible to displace other employees under the provisions of this Article.
C. 13:07 In the event of a layofftotal plant closure, the procedure below Company agrees to pay a severance payment for all employees (except those on the Inactive Seniority List) at the rate of one (1) weeks regular pay per year of service to a maximum of twenty-six (26) weeks of pay. Employees with more than twenty-six (26) years of service shall receive an additional one-half (1/2) weeks pay for each year of service beyond twenty-six (26) (partial years of service will be followed:
1. Probationary employees assigned to the affected position(s) will be laid off in an order determined by the Board.
2. Non-probationary employees assigned to the affected position(s) will be laid off included in the reverse order calculation of their seniority, with the employee having the least seniority being laid off first.
3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which they are being laid offtotal severance pay). The Procedure that Company will follow next, is an employee may at the time of their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee provide three (3) months notice to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displaced.
4. Employees laid off through the procedures set forth in this Article will be retained on a recall list for a period equal to the sum of their accrued seniority and will be recalled Union in the reverse order event of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting proceduretotal plant closure.
5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement.
D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the duties and meet all the requirements of the position as set forth in the job description.
E. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff.
F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of address.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
REDUCTION IN WORK FORCE. A. Any employee who is laid off because of 13:01 When circumstances require a reduction in staff will be notified at least two weeks in advance, when possible, by certified mail by the Office of the Executive Director of Human Resources/Legal Affairs or her/his designee.
B. In an instance of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final.
C. In the event of a layoff, the procedure below will be followed:
1. Probationary employees assigned to the affected position(s) will be laid off in an order determined by the Board.
2. Non-probationary employees assigned to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having the least seniority being laid off first.
3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days employees within a classification, the following procedure shall apply:
(i) An employee with the most seniority of those affected by the reduction in the classification shall displace the most junior employee in another classification within the same Seniority List, provided his seniority so allows and hours as he can continue to perform the position work required.
(ii) If the reduction results in the classification changing from which they are Continuous Shift to a non-Continuous Shift, then senior employees being laid off. The Procedure retained in the classification may, in order of seniority, be allowed to exercise any "bump" that will follow nextthe junior employee(s) could have exercised under 13:01 (a) (i) or 13:01 (d), provided the senior employee is capable of continuing to perform the work required.
(b) An employee so displaced shall in turn displace the most junior employee in another classification within the same Seniority List, provided his seniority so allows and he can continue to perform the work required.
(c) Notwithstanding (a) and (b) above, an employee may at displaced from a day job ("M" shift) through the time provisions of their layoffthis Article, shall displace the least senior most junior employee within in any classification on the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per yearSeniority List (Maintenance skilled classifications excepted), provided such employee has more his seniority than so allows and he possesses the employee necessary qualifications, ability and physical fitness to be displaced. Employees shall not be permitted to displace other employees who perform the work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displacedrequired.
4. Employees laid off through (i) An employee displaced from the procedures set forth in this Article will be retained on a recall list for a period equal to the sum of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positionsSeniority List, should any become availablehaving previously exhausted all possible options as above, without implementing the job posting procedure.
5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement.
D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and who cannot perform the work required due to physical restrictions as confirmed by his Doctor, verified by the Company Doctor and where applicable verified by the WSIB will be allowed to displace the most junior employee of all those classifications on a comparable shift, provided his seniority so allows, and he can perform the duties work required as medically cleared by his Doctor, verified by the Company Doctor and meet all where applicable verified by the requirements of WSIB. Training will be provided. If placement on a comparable shift is not applicable, then the position as set forth restricted employee will be allowed to displace the most junior employee in the job description.
E. No position shall be filledplant, except on seniority allowing in a temporary basisclassification in which he can perform the work required as medically cleared by his Doctor, while employees entitled to recall remain on layoff.
F. An employee laid off under this Article verified by the Company Doctor and where applicable verified by the WSIB. Training will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of addressprovided.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
REDUCTION IN WORK FORCE. A. Any employee who is laid off because of a reduction in staff will be notified at least two weeks in advance, when possible, by certified mail by the Office of the Executive Director of Human Resources/Legal Affairs or her/his designee.
B. In an instance of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final.
C. In the event of a layoff, the procedure below will be followed:
1. Probationary employees assigned to the affected position(s) will be laid off in an order determined by the Board.
2. Non-probationary employees assigned to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having the least seniority being laid off first.
3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow next, is an employee may at the time of their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displaced.
4. Employees laid off through the procedures set forth in this Article will be retained on a recall list for a period equal to the sum of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedure.
5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement.
D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the duties and meet all the requirements of the position as set forth in the job description.
E. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff.
F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of address.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN WORK FORCE. A. Any employee who is laid off because 19.01 A layoff of a reduction in staff will Employees shall be notified at least two weeks in advancemade on the basis of seniority, when possible, by certified mail by based on an integrated seniority list provided the Office of remaining Employees possess the Executive Director of Human Resources/Legal Affairs or her/his designee.
B. In an instance of reduction in force, ability and qualifications to do the Board will determine the positions to be affected and notify the Union of such reductionremaining work. The decision of the Board with respect first to said reductions in personnel shall be final.
C. In the event of a layoff, the procedure below will be followed:
1. Probationary employees assigned to the affected position(s) will be laid off in are probationary Employees followed by those who work casual or relief shifts. No agency or new hires will be used when there is an order determined by Employee on layoff provided that the BoardEmployees on layoff will meet the staffing requirements of the facility.
219.02 The Employer and the Union will meet and discuss the layoffs at the earliest opportunity. NonThe discussion will include the service which the facility will undertake after the layoff. The Employer shall give regular full-probationary time and regular part-time employees assigned the following written notice of layoff or normal pay for that period in lieu of notice:
i) the reasons causing the layoffs;
ii) the service the facility will undertake after the layoff;
iii) the method of implementation, including areas of cutback and the Employees to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having the least seniority being laid off firstoff.
3. During a reduction in workforce non19.03 Notice of layoff shall not apply where an Employer can establish that the layoff results from an emergency or act of God, fire, or flood.
19.04 Laid-probationary employees who have been laid off will first be offered any vacant positions that are the same or close regular Employees shall retain their seniority and service accumulated up to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow next, is an employee may at the time of their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displaced.
4. Employees laid off through the procedures set forth in this Article will be retained on a recall list for a period equal of one
(1) year and shall be rehired, if the Employee possesses the capacity of performing the duties of and is qualified for the vacant job, on the basis of last out - first (1st) on. If a laid-off Employee is not recalled to work within twelve (12) calendar months of layoff, such Employee may be terminated by written notification at the sum of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedure.
5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation expiration of the layoff proceduretwelve (12) calendar month period. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement.
D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the duties and meet all the requirements of the position as set forth in the job description.
E. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff.
F. An employee laid Laid-off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails Employees failing to report for work of an ongoing nature within five seven (57) working days from of the date of receipt of the recall notice, the employee notification by registered mail shall be considered as having voluntarily terminated her/his to have abandoned their right to employment. It is understood that such employee is responsible for keeping Employees required to give two (2) weeks' notice to another Employer shall be deemed to be in compliance with the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of addressseven (7) day provision.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
REDUCTION IN WORK FORCE. A. Any employee who is laid off because of a reduction in staff will be notified at least two weeks in advance, when possible, by certified mail by (a) When it becomes necessary to reduce the Office of the Executive Director of Human Resources/Legal Affairs or her/his designee.
B. In an instance of reduction in working force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions least senior employee in personnel their classification in their center shall be final.
C. laid off first, and when the force is again increased the employees will be called to return to work in the reverse order in which they are laid off according to their seniority roster. In the event of a layofflay- off, an employee so laid off shall be given two (2) weeks notice of recall mailed to employee’s last known address by registered or certified mail or telegram with verification of delivery. The employ- ee must notify the procedure below employer within three (3) days (excluding Satur- day, Sunday or holidays) after receipt thereof as to whether or not he intends to report for work and must actually report for work within two (2) weeks after receipt thereof, unless otherwise mutu- ally agreed to. In the event the employee fails to comply with the above, he/she shall lose all seniority rights under this Agreement.
(b) In the event a full time employee continues on lay off status for two (2) consecutive working days, he/she shall be entitled to dis- place the least senior of the employees, junior to him/her in the building, however, if he/she elects to replace a tractor trailer driver, he/she must be previously qualified. This section will not apply to employees with one (1) year or less seniority. The shop xxxxxxx will be followed:
1notified of all layoffs. Probationary employees assigned to In the affected position(s) will be event a feeder driver is laid off in an order determined by the Board.
and continues on lay off status for two (2. Non-probationary employees assigned ) consecutive working days, he/she shall be entitled to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having displace the least seniority being laid off first.
3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow nextsenior package driver, provided he/she is an employee package qualified, otherwise he/she may at the time of their layoff, displace the least senior employee within to him/her in the program working the same or building provided however that any feeder driver without prior experience as near the same number of hours per week and the same or as near the same number of weeks per yeara package driver, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board displaces a least senior package driver will determine and notify the employee to be displaced.
4. Employees laid off through the procedures set forth in this Article will be retained do so only on a recall list for thirty (30) working day trial period. If a period equal feeder driver fails to the sum of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positionsqualify as a package driver, should any become available, without implementing the job posting procedure.
5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement.
D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is shall return to his/her prior status but shall not qualified and cannot perform all the duties and meet all the requirements of the position as set forth have any right to displace a package driver in the job descriptionany subsequent lay off.
E. No position (c) A laid off full time seniority employee shall be filled, except given the oppor- tunity to work on a temporary basis, while if qualified at another center in the Local Union’s jurisdiction before any new employees entitled are hired, or prior to recall remain on layoff.
F. An employee the Qualified List being activated. If a laid off under this Article employee elects not to work, the least senior laid off employee will be retained on a recall list for a period equal forced to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of addresswork.
Appears in 1 contract
Samples: Supplemental Agreement
REDUCTION IN WORK FORCE. A. Any employee who is laid off because of a reduction in staff will be notified at least two weeks in advance, when possible, by certified mail by (a) When it becomes necessary to reduce the Office of the Executive Director of Human Resources/Legal Affairs or her/his designee.
B. In an instance of reduction in working force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions least senior employee in personnel their classification in their center shall be final.
C. laid off first, and when the force is again increased the employees will be called to return to work in the reverse order in which they are laid off according to their seniority roster. In the event of a layoff, an employee so laid off shall be given two (2) weeks notice of recall mailed to employee’s last known address by registered or certified mail or telegram with verification of delivery. The employee must notify the procedure below employer within three (3) days (excluding Saturday, Sunday or holidays) after receipt thereof as to whether or not he intends to report for work and must actually report for work within two (2) weeks after receipt thereof, unless otherwise mutually agreed to. In the event the employee fails to comply with the above, he/she shall lose all seniority rights under this Agreement.
(b) In the event a full time employee continues on lay off status for two (2) consecutive working days, he/she shall be entitled to displace the least senior of the employees, junior to him/her in the building, however, if he/she elects to replace a tractor trailer driver, he/she must be previously qualified. This section will not apply to employees with one (1) year or less seniority. The shop xxxxxxx will be followed:
1notified of all layoffs. Probationary employees assigned to In the affected position(s) will be event a feeder driver is laid off in an order determined by the Board.
and continues on lay off status for two (2. Non-probationary employees assigned ) consecutive working days, he/she shall be entitled to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having displace the least seniority being laid off first.
3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow nextsenior package driver, provided he/she is an employee package qualified, otherwise he/she may at the time of their layoff, displace the least senior employee within to him/her in the program working the same or building provided however that any feeder driver without prior experience as near the same number of hours per week and the same or as near the same number of weeks per yeara package driver, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board displaces a least senior package driver will determine and notify the employee to be displaced.
4. Employees laid off through the procedures set forth in this Article will be retained do so only on a recall list for thirty (30) working day trial period. If a period equal feeder driver fails to the sum of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positionsqualify as a package driver, should any become available, without implementing the job posting procedure.
5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement.
D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is shall return to his/her prior status but shall not qualified and cannot perform all the duties and meet all the requirements of the position as set forth have any right to displace a package driver in the job descriptionany subsequent lay off.
E. No position (c) A laid off full time seniority employee shall be filled, except given the opportunity to work on a temporary basis, while if qualified at another center in the Local Union’s jurisdiction before any new employees entitled are hired, or prior to recall remain on layoffthe Qualified List being activated. If a laid off employee elects not to work, the least senior laid off employee will be forced to work.
F. An employee laid off under this Article (d) Should operational changes occur which causes a reduction in the work force affecting the work schedules of the 22.3 full time employees, the Company will notify Local 623 and review the affected employees work assignments. The affected full time employees will be retained used to perform work in other areas as the operation requires on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requestedtemporary basis. If an employee fails to report for work within five it is determined that this will be a permanent change of more than thirty (530) working days from the date of receipt of the recall noticedays, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible Company and Union will meet to find new daily or weekly work schedules for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of addressaffected 22.3 full time employees by displacing part time employees.
Appears in 1 contract
Samples: Supplemental Agreement
REDUCTION IN WORK FORCE. The District and the Association recognize that open communication during a potential reduction in force is beneficial and agree to work together throughout the process to minimize the impact of the reduction on the individual employees and on the District. When the District determines that a reduction in the work force within the bargaining unit may be necessary, the President or President’s designee will meet with representatives of the Association before any reduction takes place to discuss alternatives to reduction. If the reduction in work force proceeds after discussion with representatives of the Association, it shall proceed in the following manner:
A. Any After a preliminary list of positions scheduled for elimination has been prepared, the District and representatives of the Association will meet to discuss ways to minimize the disruption of the reduction and “bumping” process.
B. A regular classified employee whose position is scheduled for elimination shall have the right to displace (“bump”) the least senior (seniority shall mean the total length of continuous contracted employment at LBCC) regular or trial service classified employee within his/her grade, provided that the position’s FTE load is within 10% of the employee’s current FTE, and the “bumping” employee is qualified for the position. In the event the “bumping” employee is not qualified for the position occupied by the least senior employee or there is more than a 10% difference in FTE the “bumping” employee may then displace the next-least senior employee and continue in order until he/she arrives at a position, if at all, that he/she is qualified to perform and is within 10% of a 1.0 FTE. Employees cannot be bumped by someone with less seniority. If a position is not found that meets these requirements in his/her current grade, then the “bumping” rights will continue, beginning with the next grade lower than the employee’s current grade, until a match is found. Employees who “bump” in the above conditions will be subject to the salary conditions set out in “I” below.
C. Employees with ten (10) or more years of seniority may not be bumped. Employees who have been at step 2 (written reprimand), or 3 (disciplinary suspension) of the progressive discipline process as articulated in Article 15B of this agreement, for not more than twelve (12) months will not be eligible for the “bumping” rights provided by this article. When a position initially funded with strategic budgetary funds is converted by the District to regular continuing status, such action shall not be construed as a vacancy for the purposes of bumping or preferred hiring if the incumbent continues in the position. A regular classified employee may not “bump” a special classified employee. A regular classified employee whose position is funded, in part, by a contract or grant may not be bumped if, to do so, would cause the District to be in violation of the terms or conditions of any grant or contract that provides funding for the position.
D. The provisions of this article shall apply to the regular position of any classified employee on temporary leave, or temporarily assigned to another position, whose regular position is eliminated in a reduction in force, or who is laid off because bumped as a result of a reduction in staff force.
E. The District shall initially determine whether an employee meets the minimum qualifications required to perform the duties of a position sought through the “bumping” provisions of this article. The District, after conferring with the Association, will establish reasonable timetables for matching employees with “bumped” positions, and for notifying employees that they will be notified at least two weeks in advance, when possible, by certified mail by “bumped,” and shall keep the Office Association informed of these timetables so that it may work with its members through the Executive Director of Human Resources/Legal Affairs or her/his designeebumping process. An employee whose position is reduced under this article shall be given no less than 30 college business days before the position reduction is effective. An employee who is scheduled to be bumped under this article shall be given no less than 30 college business days before the bump is effective.
B. In an instance of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final.
C. In the event of a layoff, the procedure below will be followed:
1. Probationary employees assigned to the affected position(s) F. Employees who have been notified they will be laid off in an order determined by the Board.
2. Non-probationary employees assigned to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having the least seniority being laid off first.
3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow next, is an employee may at the time of their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displaced.
4. Employees laid off through the procedures set forth in bumped under this Article will be retained on a recall list for a period equal to the sum of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedure.
5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement.
D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the duties and meet all the requirements of the position as set forth in the job description.
E. No position article shall be filled, except on granted a temporary basis, while employees entitled to recall remain on layoff.
F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum maximum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date total hours of receipt of the recall notice, the work time during their regular work schedule to update their application materials. The employee shall will be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of address.given five
Appears in 1 contract
Samples: Classified Association Agreement
REDUCTION IN WORK FORCE. A. Any employee who is laid off The employer shall have the right to reduce the number of jobs or the number of hours worked in any classification because of a reduction shortage of funds, lack of work, or because of a change in staff will be notified at least two weeks organization or duties. Employees whose jobs have been eliminated or hours reduced shall have the right to bump any employee with less time in advancetheir classification or less seniority in their pay range or classifications in pay ranges below in the Department provided they are qualified and physically capable of performing the duties of the lower pay classification. An employee, when possibleexercising such bumping privileges, by certified mail by shall be reassigned and paid at the Office pay range for the classification to which said employee is reassigned. Such junior employees who have lost their positions as a result of a bump shall have the Executive Director of Human Resources/Legal Affairs right to exercise their seniority in the same manner as if their job had been eliminated or her/his designee.
B. In an instance hours had been reduced. Employees who are without jobs as a result of reduction in force, the Board will determine the positions work force shall be placed on a reemployment list. Employees who do not choose to exercise their bumping rights shall also be affected and notify the Union of such reductionplaced on a reemployment list. The decision employer shall maintain a reemployment list of the Board with respect all employees who lose their jobs due to said reductions in personnel shall be final.
C. In the event of a layoff, the procedure below will be followed:
1. Probationary employees assigned to the affected position(s) will be laid off in an order determined by the Board.
2. Non-probationary employees assigned to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having the least seniority being laid off first.
3. During a reduction in workforce non-probationary employees who have been laid off will first force. Such list shall be offered any vacant positions that are in the same or close to order of the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow next, is an employee may employee's seniority at the time of the reduction in work force with the most senior being No. "1" on the list. Employees on the reemployment list shall maintain reemployment rights for one (1) year from the date they lose their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displacedjobs. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify recalled from the employee to be displaced.
4. Employees laid off through the procedures set forth reemployment list in this Article will be retained on a recall list for a period equal accordance with their seniority to the sum jobs, which they are qualified and physically capable of their accrued seniority and will performing. Notice of reemployment shall be recalled in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedure.
5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement sent by the parties in a timely fashion, the Board reserves the right employer to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement.
D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the duties and meet all the requirements of the position as set forth in the job description.
E. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff.
F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in by registered letter or by personal contact, and the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails shall be required to report for work respond within five three (53) working calendar days from the date of receipt notification and be available for duty within fourteen (14) calendar days. Employees who do not respond to such employment notice within three (3) calendar days shall be removed from the reemployment list. If the employer finds that work normally assigned to a particular job classification is available for laid off employees on a temporary or emergency basis, the employer shall personally contact employees who are laid off pursuant to this provision and offer such temporary or emergency employment. Contact shall be on the basis of seniority providing the employees are qualified and physically capable of performing such work. Any eligible employee who is not immediately available for such assignment shall not be eligible for placement and the next senior employee thereafter shall be offered the temporary or emergency position until the immediate needs of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of addressemployer are met.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN WORK FORCE. Return to Table of Contents The District and the Association recognize that open communication during a potential reduction in force is beneficial and agree to work together throughout the process to minimize the impact of the reduction on the individual employees and on the District. When the District determines that a reduction in the work force within the bargaining unit may be necessary, the President or President’s designee will meet with representatives of the Association before any reduction takes place to discuss alternatives to reduction. If the reduction in work force proceeds after discussion with representatives of the Association, it shall proceed in the following manner:
A. Any After a preliminary list of positions scheduled for elimination has been prepared, the District and representatives of the Association will meet to discuss ways to minimize the disruption of the reduction and “bumping” process.
B. A regular classified employee whose position is scheduled for elimination shall have the right to displace (“bump”) the least senior (seniority shall mean the total length of continuous contracted employment at LBCC) regular or trial service classified employee within his/her grade, provided that the position’s FTE load is within 10% of the employee’s current FTE, and the “bumping” employee is qualified for the position. In the event the “bumping” employee is not qualified for the position occupied by the least senior employee or there is more than a 10% difference in FTE the “bumping” employee may then displace the next-least senior employee and continue in order until he/she arrives at a position, if at all, that he/she is qualified to perform and is within 10% of a 1.0 FTE. Employees cannot be bumped by someone with less seniority. If a position is not found that meets these requirements in his/her current grade, then the “bumping” rights will continue, beginning with the next grade lower than the employee’s current grade, until a match is found. Employees who “bump” in the above conditions will be subject to the salary conditions set out in “I” below.
C. Employees with ten (10) or more years of seniority may not be bumped. Employees who have been at step 2 (written reprimand), or 3 (disciplinary suspension) of the progressive discipline process as articulated in Article 15B of this agreement, for not more than twelve (12) months will not be eligible for the “bumping” rights provided by this article. When a position initially funded with strategic budgetary funds is converted by the District to regular continuing status, such action shall not be construed as a vacancy for the purposes of bumping or preferred hiring if the incumbent continues in the position. A regular classified employee may not “bump” a special classified employee. A regular classified employee whose position is funded, in part, by a contract or grant may not be bumped if, to do so, would cause the District to be in violation of the terms or conditions of any grant or contract that provides funding for the position.
D. The provisions of this article shall apply to the regular position of any classified employee on temporary leave, or temporarily assigned to another position, whose regular position is eliminated in a reduction in force, or who is laid off because bumped as a result of a reduction in staff force.
E. The District shall initially determine whether an employee meets the minimum qualifications required to perform the duties of a position sought through the “bumping” provisions of this article. The District, after conferring with the Association, will establish reasonable timetables for matching employees with “bumped” positions, and for notifying employees that they will be notified at least two weeks in advance, when possible, by certified mail by “bumped,” and shall keep the Office Association informed of these timetables so that it may work with its members through the Executive Director of Human Resources/Legal Affairs or her/his designeebumping process. An employee whose position is reduced under this article shall be given no less than 30 college business days before the position reduction is effective. An employee who is scheduled to be bumped under this article shall be given no less than 30 college business days before the bump is effective.
B. In an instance of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final.
C. In the event of a layoff, the procedure below will be followed:
1. Probationary employees assigned to the affected position(s) F. Employees who have been notified they will be laid off in an order determined by the Board.
2. Non-probationary employees assigned to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having the least seniority being laid off first.
3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow next, is an employee may at the time of their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displaced.
4. Employees laid off through the procedures set forth in bumped under this Article will be retained on a recall list for a period equal to the sum of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedure.
5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement.
D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the duties and meet all the requirements of the position as set forth in the job description.
E. No position article shall be filled, except on granted a temporary basis, while employees entitled to recall remain on layoff.
F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum maximum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date total hours of receipt of the recall notice, the work time during their regular work schedule to update their application materials. The employee shall will be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of address.given five
Appears in 1 contract
Samples: Classified Association Agreement
REDUCTION IN WORK FORCE. A. Any employee who is laid off because of a reduction When it becomes necessary to reduce the work force in staff the plant, the following procedure will be notified at least two weeks in advance, when possible, by certified mail by the Office of the Executive Director of Human Resources/Legal Affairs or her/his designee.
B. In an instance of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final.
C. In the event of a layoff, the procedure below will be followedobserved:
1. Probationary employees assigned Prior to a reduction in the affected position(sworkforce, the Human Resources Manager will meet with the Local Union President (or his/her designee) to discuss how the layoff will be laid off in an order determined by accomplished. The Company retains its rights under the Boardmanagement rights clause to determine if and when a layoff should take place and the xxxxxxx following the layoff. The purpose of the meeting is to establish how the layoff is to be accomplished and the moves to be made. The Union reserves its right under the contract to grieve, how management has implemented the layoff.
2. Non-Employees within the classification where excess personnel exist, still in their probationary employees assigned period shall be cut back to the affected position(s) will be laid off in the reverse order of their seniority, with the employee another vacant job if available.
3. Employees having the least seniority being laid off firstshall be cut back from the classification affected. Employees cut back from their classification will maintain indefinite recall rights except as provided in Article 9.2(B)(2) and Article 11.4.
34. During a reduction Subject in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are each case to his being able to qualify (as defined in 9.1D) of this Article) for the same or close to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow nextqualified work, is an employee may at who is cut back from the time of their layoffemployee’s regular classification shall, in the following sequence, and consistent with the employee’s seniority, displace the least senior employee within in the program working classification, the same least senior in the classification goes to the available opening in the department, after these openings are filled the employees will displace the least senior in the department. The employee being displaced will go to the available opening in the plant, fill an open job in the plant, or as near displace the same number least senior employee in the plant. If an employee is cutback to a lower paying job following November 16, 2016, the employee will be paid the higher rate of hours per week and the same or as near job to which the same number employee is cutback for the first ninety-one (91) days from the date of weeks per yearthe transfer; after ninety-one (91) days from the date of transfer, provided such the employee will be paid the rate of the job to which the employee has more seniority than been transferred. Provided, however, that cutback employees who were assigned to a lower paying classification prior to November 16, 2016 shall continue to receive the pay they were receiving in their regular classification until they leave the classification to which they have been cutback through either the bidding procedure or layoff.
a. Once a laid off employee returns to work, the employee will be paid the rate of the job to be displaced. Employees shall not be permitted which he or she returns, without regard to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify when the employee was cutback to a lower paying job. If that job has multiple rates, the employee will be displacedpaid the highest rate of that job for which the employee has qualified.
4. Employees laid b. The Company will not lay off through an employee for the procedures set forth purpose of changing the employee’s rate of pay under this provision.
c. An employee who is cut back from the employee's regular classification cannot displace the least senior employee in this Article will be retained on a recall list for a period equal to skilled trade (Powerhouse, Mechanic, Electrician, Certified Utility) unless the sum of their accrued seniority and will be recalled cut back employee has already been qualified in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedureskilled trade.
5. The parties reserve In cases where the right during elements of existing jobs are combined into one job, employees currently established in the existing jobs shall be offered the new job in order of seniority. When existing jobs are combined or when a period of reduction to new machine is placed into operation, the Company shall meet and discuss alternative procedures confer with the union about establishing an appropriate pay grade. If the parties cannot agree on the appropriate pay grade, the Company may implement the disputed pay grade, however that implementation is subject to the implementation grievance procedure.
B. Before any employee is laid off, he will be notified personally by written notice and a copy of the layoff procedure. Absent mutual agreement by notice will be given to the parties in a timely fashionLocal Union President listing the names, the Board reserves the right job classifications and date of hire of all employees to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement.
D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the duties and meet all the requirements of the position as set forth in the job description.
E. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff.
F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within least five (5) working days from preceding the date day of receipt layoff. New employees shall not be hired by the Company until all employees who are laid off have been granted the opportunity to return to work in their order of their seniority. Employees on lay off will be offered the opportunity to return to work in the order of their plant seniority. For open maintenance positions, only those persons qualified (prior maintenance employees or others having passed the test) will be contacted. Any employee may refuse to return to work for any job outside of the classification from which the employee was laid off, except however, the most junior person on layoff must accept the offer to return to work even if it is outside his or her classification or that employee will lose the right to return to work as set forth in 9.2(B)(2). Employees who have been on layoff for twenty-six (26) weeks will be required to return to an opening by seniority at the rate of pay for that classification.
1. Any employee who refuses to return to work in the classification from which the employee was laid off loses any future recall noticerights with the Company unless the employee is physically disabled and on medical leave for Worker’s Compensation or personal medical leave.
2. In the event an employee’s classification is eliminated while the employee is on lay off or if the employee has been on layoff for twenty-six (26) weeks, the employee must accept the next available position offered (except a maintenance position for which the person is not qualified) or the employee will lose any future recall rights with the Company.
3. The Company’s obligation to contact the employee on layoff shall be considered to send written notice to the employee’s last known address provided to the Human Resources office by the employee.
C. If it is determined by a physician that an employee can no longer stay in his home classification, once permanent restrictions are assigned by the physician, the employee may be assigned to a vacancy which will accommodate his condition until such time as having voluntarily terminated her/his employment. It is understood that such the employee is responsible released by the physician and be paid according to the rate of the job to which the employee is assigned. An employee who is released, but for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and whom there is no vacancy will not be excused for failure permitted to report for bump any other employee and will remain on “layoff” in accordance with this Agreement.
D. For purpose of this Section, the word “layoff” and/or cutback means an adjustment or a reduction in the work upon recall if force to a level of employment which the Company deems best suited to the economic and operating conditions of the business.
E. In the event of an adjustment, or reduction of the workforce, an employee that is reduced from a bid job (classification) and surplused into another job (classification) will have the right by seniority to choose from a pool of available jobs.
F. When an employee’s previous job (classification) becomes available, the employee fails will have the choice to return to the employee’s previous job classification or remain in the classification the employee was surplused to. If an employee remains in the job (classification) the employee was surplused to:
1. The employee loses recall rights to any prior job,
2. The employee loses the right to bid for one (1) calendar year,
3. The employee will be paid the rate of pay for the job (classification) where the employee is working.
G. Any probationary employee who is terminated who is later rehired, or an employee with seniority who is terminated under Article 10.1(D), who is rehired, will be given credit for the time previously worked for Titan for bidding and vacation purposes. Any employee with seniority who is terminated under Article 10.1(D) will not receive a recall notice because of her/his own failure any credit toward wages for time previously worked for Titan. Any employee with seniority who is terminated under Article 10.1(D) will not receive any credit for the time after the termination. Titan is not required to advise rehire any probationary employee who is terminated or any employee with seniority who is terminated under Article 10.1(D). No seniority will accumulate for the Board employee once the employee is terminated. Titan will have discretion to rehire the former employees in writing of a change of addressthe order it deems appropriate.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN WORK FORCE. A. Any employee who is laid off because of a reduction in staff will be notified at least two weeks in advance, when possible, by certified mail by (a) When it becomes necessary to reduce the Office of the Executive Director of Human Resources/Legal Affairs or her/his designee.
B. In an instance of reduction in working force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions least senior employee in personnel their classification in their center shall be final.
C. laid off first, and when the force is again increased the employees will be called to return to work in the reverse order in which they are laid off according to their seniority roster. In the event of a layoff, an employee so laid off shall be given two (2) weeks notice of recall mailed to employee's last known address by registered or certified mail or telegram with verification of delivery. The employee must notify the procedure below employer within three (3) days (excluding Saturday, Sunday or holidays) after receipt thereof as to whether or not the employee intends to report for work and must actually report for work within two (2) weeks after receipt thereof, unless otherwise mutually agreed to. In the event the employee fails to comply with the above, they shall lose all seniority rights under this Agreement.
(b) In the event a full-time employee continues on lay off status for two (2) consecutive working days, they shall be entitled to displace the least senior of the employees, junior to them in the building, however, if he/she they elects to replace a tractor trailer driver, the employee must be previously qualified. This section will not apply to employees with one (1) year or less seniority. The shop xxxxxxx will be followed:
1notified of all layoffs. Probationary employees assigned to In the affected position(s) will be event a feeder driver is laid off in an order determined by the Board.
and continues on lay off status for two (2. Non-probationary employees assigned ) consecutive working days, they shall be entitled to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having displace the least seniority being laid off first.
3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which senior package driver, provided they are being laid off. The Procedure that will follow nextpackage qualified, is an employee otherwise they may at the time of their layoff, displace the least senior employee within to them in the program building provided however that any feeder driver without prior experience as a package driver, who displaces a least senior package driver will do so only on a thirty (30) working the same or day trial period. If a feeder driver fails to qualify as near the same number of hours per week and the same or as near the same number of weeks per yeara package driver, provided such employee has more seniority than the employee they shall return to be displaced. Employees their prior status but shall not be permitted have any right to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displaceda package driver in any subsequent lay off.
4. Employees (c) A laid off through the procedures set forth in this Article will be retained on a recall list for a period equal to the sum of their accrued full-time seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedure.
5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement.
D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the duties and meet all the requirements of the position as set forth in the job description.
E. No position employee shall be filled, except given the opportunity to work on a temporary basis, while if qualified at another center in the Local Union's jurisdiction before any new employees entitled are hired, or prior to recall remain on layoff.
F. An employee the Qualified List being activated. If a laid off under this Article employee elects not to work, the least senior laid off employee will be retained on a recall list for a period equal forced to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of addresswork.
Appears in 1 contract
REDUCTION IN WORK FORCE. A. Any employee who In the event that the City determines layoffs will occur, the City Manager or designee shall meet and confer with RVPFA representatives prior to the implementation of layoffs regarding the impact(s) of such layoffs. Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.75", No bullets or numbering
B. Whenever the City has determined that it is necessary to abolish any position or employment, layoffs shall be implemented according to departmental seniority based upon full-time hire date so that employees with the least seniority within the department shall be laid off because of first, without regard to rank or classification. In the event that a reduction in staff will be notified at least two weeks force results in advancethe need for a redistribution of employees from superior ranks to lower ranks, when possible, by certified mail by the Office of the Executive Director of Human Resources/Legal Affairs or her/his designee.
B. In an instance of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final.accomplished by reducing in rank those employees with the least tenure in the affected rank counting from the employee’s date of promotion. Said employee(s) may be demoted to any position in the department in which they previously held or to any lower classification in which the employee(s) meet the minimum qualifications provided they have more seniority than the incumbents in that classification. Formatted: Indent: Left: 0.75", No bullets or numbering
C. In the event of that a layofflayoff or reduction in rank takes place, any affected employees shall have their names placed on a re-employment list for the procedure below will be followed:
1. Probationary employees assigned to the affected position(sclassification(s) will be laid off in an order determined by the Board.
2. Non-probationary employees assigned to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having the least seniority being laid off first.
3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position reduced from which they are being laid off. The Procedure that will follow next, is an employee may at the time of their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displaced.
4. Employees laid off through the procedures set forth in this Article will be retained on a recall list for a period equal to the sum of their accrued seniority and will be recalled in the reverse order of their layoff or reduction. Such list shall be used by the appointing authority to their former position or fill vacancies which occur up to vacant positions, should any become available, without implementing the job posting procedure.
5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of two (2) years following the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreementor reduction.
D. It is understood The City shall submit the names of any employees that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the duties and meet all the requirements of the position as set forth in the job description.
E. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff.
F. An employee laid have been laid-off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal AffairsCFFJAC Displaced Firefighter List. Formatted: Numbered + Level: 1 + Numbering Style: A, by certified mailB, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall noticeC, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of address.… + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
Appears in 1 contract
Samples: Memorandum of Understanding
REDUCTION IN WORK FORCE. A. Any employee who is laid off because of a reduction in staff will be notified at least two weeks in advance, when possible, by certified mail by (a) When it becomes necessary to reduce the Office of the Executive Director of Human Resources/Legal Affairs or her/his designee.
B. In an instance of reduction in working force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions least senior employee in personnel their classification in their center shall be final.
C. laid off first, and when the force is again increased the employees will be called to return to work in the reverse order in which they are laid off according to their seniority roster. In the event of a layofflay- off, an employee so laid off shall be given two (2) weeks notice of recall mailed to employee’s last known address by registered or cer- tified mail or telegram with verification of delivery. The employee must notify the procedure below employer within three (3) days (excluding Saturday, Sunday or holidays) after receipt thereof as to whether or not he intends to report for work and must actually report for work within two (2) weeks after receipt thereof, unless otherwise mutually agreed to. In the event the employee fails to comply with the above, he/she shall lose all seniority rights under this Agreement.
(b) In the event a full time employee continues on lay off status for two (2) consecutive working days, he/she shall be entitled to dis- place the least senior of the employees, junior to him/her in the building, however, if he/she elects to replace a tractor trailer driver, he/she must be previously qualified. This section will not apply to employees with one (1) year or less seniority. The shop xxxxxxx will be followed:
1notified of all layoffs. Probationary employees assigned to In the affected position(s) will be event a feeder driver is laid off in an order determined by the Board.
and continues on lay off sta- tus for two (2. Non-probationary employees assigned ) consecutive working days, he/she shall be entitled to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having displace the least seniority being laid off first.
3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow nextsenior package driver, provided he/she is an employee package qualified, otherwise he/she may at the time of their layoff, displace the least senior employee within to him/her in the program working the same or building provided however that any feeder driver without prior experience as near the same number of hours per week and the same or as near the same number of weeks per yeara package driver, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board displaces a least senior package driver will determine and notify the employee to be displaced.
4. Employees laid off through the procedures set forth in this Article will be retained do so only on a recall list for thirty (30) working day trial period. If a period equal feeder driver fails to the sum of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positionsqualify as a package driver, should any become available, without implementing the job posting procedure.
5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement.
D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is shall return to his/her prior status but shall not qualified and cannot perform all the duties and meet all the requirements of the position as set forth have any right to displace a package driver in the job descriptionany subsequent lay off.
E. No position (c) A laid off full time seniority employee shall be filled, except given the oppor- tunity to work on a temporary basis, while if qualified at another center in the Local Union’s jurisdiction before any new employees entitled are hired, or prior to recall remain on layoff.
F. An employee the Qualified List being activated. If a laid off under this Article employ- ee elects not to work, the least senior laid off employee will be retained on a recall list for a period equal forced to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of addresswork.
Appears in 1 contract
Samples: Supplemental Agreement
REDUCTION IN WORK FORCE. A. Any employee who is laid off because of a reduction in staff will be notified at least two weeks in advance, when possible, by certified mail by (a) When it becomes necessary to reduce the Office of the Executive Director of Human Resources/Legal Affairs or her/his designee.
B. In an instance of reduction in working force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions least senior employee in personnel their classification in their center shall be final.
C. laid off first, and when the force is again increased the employees will be called to return to work in the reverse order in which they are laid off according to their seniority roster. In the event of a layoff, an employee so laid off shall be given two (2) weeks notice of recall mailed to employee's last known address by registered or certified mail or telegram with verification of delivery. The employee must notify the procedure below employer within three (3) days (excluding Saturday, Sunday or holidays) after receipt thereof as to whether or not the employee he intends to report for work and must actually report for work within two (2) weeks after receipt thereof, unless otherwise mutually agreed to. In the event the employee fails to comply with the above, they he/she shall lose all seniority rights under this Agreement.
(b) In the event a full time employee continues on lay off status for two (2) consecutive working days, they he/she shall be entitled to displace the least senior of the employees, junior to them him/her in the building, however, if they he/she elects to replace a tractor trailer driver, the employee he/she must be previously qualified. This section will not apply to employees with one
(1) year or less seniority. The shop xxxxxxx will be followed:
1notified of all layoffs. Probationary employees assigned to In the affected position(s) will be event a feeder driver is laid off in an order determined by the Board.
and continues on lay off status for two (2. Non-probationary employees assigned ) consecutive working days, they he/she shall be entitled to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having displace the least seniority being laid off first.
3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which senior package driver, provided they are being laid off. The Procedure that will follow nexthe/she is package qualified, is an employee otherwise they he/she may at the time of their layoff, displace the least senior employee within to them him/her in the program working the same or building provided however that any feeder driver without prior experience as near the same number of hours per week and the same or as near the same number of weeks per yeara package driver, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board displaces a least senior package driver will determine and notify the employee to be displaced.
4. Employees laid off through the procedures set forth in this Article will be retained do so only on a recall list for thirty (30) working day trial period. If a period equal feeder driver fails to the sum of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positionsqualify as a package driver, should any become available, without implementing the job posting procedure.
5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement.
D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which they he/she is shall return to their his/her prior status but shall not qualified and cannot perform all the duties and meet all the requirements of the position as set forth have any right to displace a package driver in the job descriptionany subsequent lay off.
E. No position (c) A laid off full time seniority employee shall be filled, except given the opportunity to work on a temporary basis, while if qualified at another center in the Local Union's jurisdiction before any new employees entitled are hired, or prior to recall remain on layoff.
F. An employee the Qualified List being activated. If a laid off under this Article employee elects not to work, the least senior laid off employee will be retained on a recall list for a period equal forced to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of addresswork.
Appears in 1 contract
Samples: Supplemental Agreement
REDUCTION IN WORK FORCE. A. Any employee who is laid off because of 13:01 When circumstances require a reduction in staff will the number of employees within a Department, the following procedure shall apply:
(i) An employee with the least amount of seniority in the classification affected shall displace the most junior employee in another classification within the same Seniority List, provided his seniority so allows and he can continue to perform the work required.
(ii) If the reduction results in the classification changing from Continuous Shift to a non-Continuous Shift, then senior employees being retained in the classification may, in order of seniority, be notified allowed to exercise any "bump" that the junior employee(s) could have exercised under 13:01 (a) (i) or 13:01 (d), provided the senior employee is capable of continuing to perform the work required.
(b) An employee so displaced shall in turn displace the most junior employee in another classification within the same Seniority List, provided his seniority so allows and he can continue to perform the work required.
(c) Notwithstanding (a) and (b) above, an employee displaced from a day job ("E" shift) through the provisions of this Article, shall have the following options: To displace the most junior employee on any Seniority List on a day job ("E" shift) not requiring training (*) provided his seniority so allows. OR To displace the most junior employee in any classification on any Seniority List (Maintenance skilled classifications excepted), provided his seniority so allows and he can continue to perform the work required.
(d) An employee displaced from a Departmental Seniority List, having previously exhausted all possible options within his own Seniority List as detailed in (a) and (b) of this section, shall be entitled to displace the most junior employee in any classification on any Seniority List (Maintenance skilled classifications excepted), provided his seniority so allows and he can continue to perform the work required. If more than one shift schedule is in effect in the classification, said employee may select his schedule provided his seniority so allows.
(e) An employee displaced from a Departmental Seniority List, having previously exhausted all possible options as detailed in (a), (b), (c), and (d) of this section shall be entitled to displace the most junior employee in any of the Seniority Lists (Maintenance skilled classifications excepted) provided his seniority so allows and he has the physical fitness to perform the work required and shall be trained to perform such work.
(f) An employee entering another Department through the provisions of this Article, shall have his seniority transferred as of the date of the transfer.
(g) An employee displaced from his Department through the application of this Article, shall not transfer to another Department under the provisions of Article XII-Transfers and Promotions while a more senior non-restricted employee is on lay-off.
13:02 In the event a reduction of work results in a layoff, probationary employees shall be the first to be laid off.
13:03 Employees laid off shall for the purpose of recall, be provided with a form by the Operations Manager and/or designate on which they shall indicate the jobs they can reasonably perform. Employees who have indicated the jobs they can reasonably perform, on a form provided by the Operations Manager and/or designate, shall under certain circumstances be allowed to place themselves on lay-off.
13:04 In the event of lay-off for reasons other than those listed in Article XIX of the Agreement section 19:01 (a), (b), (c), and (d), the Company shall give at least two weeks in advance, when possible, by certified mail by seven (7) calendar days notice to the Office of the Executive Director of Human Resources/Legal Affairs or her/his designeeemployees affected.
B. In an instance of 13:05 Whenever two (2) job classifications are combined into a single new classification, any employee who has been classified in either job during the previous five (5) years shall be allowed to displace a more junior employee in the new classification if he is affected by a reduction in the work force.
13:06 On occasions that scheduled maintenance of electrical equipment necessitates a power outage, the Board will determine the positions to be employees affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be finallaid off for a period not in excess of one-half of their regular shift and shall not be eligible to displace other employees under the provisions of this Article.
C. 13:07 In the event of a layofftotal plant closure, the procedure below Company agrees to pay a severance payment for all employees (except those on the Inactive Seniority List) at the rate of one (1) weeks regular pay per year of service to a maximum of twenty-six (26) weeks of pay. Employees with more than twenty-six (26) years of service shall receive an additional one-half (1/2) weeks pay for each year of service beyond twenty-six (26) (partial years of service will be followed:included in the calculation of total severance pay).
13:08 Christmas Shutdown
1. Probationary employees assigned It may become necessary in any year to implement a temporary shutdown during the affected position(s) will Christmas period. The parties have conferred and agree that notwithstanding the relevant provisions of the Collective Agreement, the following procedures shall apply. These procedures shall be laid off in an order determined by the Boardimplemented for a “Christmas Shutdown” only.
2. Non-probationary employees assigned to The Company shall give the affected position(s) will be laid off in the reverse order Union notice of their seniority, with the employee having the least seniority being laid off firstsuch a shutdown by November 15th .
3. During a reduction The shutdown will not exceed two (2) weeks in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow next, is an employee may at the time of their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displacedduration.
4. Employees laid off through All employees affected shall commence the procedures set forth shutdown period in this Article will be retained on a recall list for a period equal to the sum of accordance with their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedureregular shift schedules.
5. At the end of the shutdown period, all affected employees shall be recalled to their regular classifications in accordance with their regular shift schedules.
6. The parties reserve Company shall endeavor to ensure the right during a period of reduction shutdown will begin at the end of a regular work week, and that recall to meet and discuss alternative procedures work will commence at the beginning of a regular work week.
7. During a portion of the shutdown, some employees may be required for assignments relating to cleaning, mixing, shipping/receiving, inventory, etc. Such assignments shall be allocated to the implementation most senior trained employee on a voluntary basis. All employees who accept such assignments shall perform whatever work is required, and be paid their regular classification rate.
8. All employees who are otherwise eligible for holiday pay, in accordance with Article XXVI of the layoff procedure. Absent mutual agreement by Collective Agreement, shall be paid for all Recognized Holidays falling within the parties in a timely fashion, period of the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement“Christmas Shutdown”.
D. It 9. Full benefit coverage for all eligible employees shall be maintained during the shutdown.
14:01 When a department or operation ceases to function permanently and jobs are discontinued, any employee affected, if his seniority so allows, shall be entitled to bump to another job provided he has had previous experience on the job and is understood that no application of physically able to continue the seniority standard for purposes of work required.
14:02 In the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and event an employee cannot perform all the duties and meet all the requirements of the position as set forth in the job description.
E. No position shall be filled, except placed on a temporary basis, while employees entitled to recall remain on layoff.
F. An employee laid off job under this Article will be retained on a recall list for a period equal to a sum the terms of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall noticesection 14:01, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such entitled to displace the most junior employee is responsible for keeping in any of the Office Seniority Lists (Maintenance skilled classifications excepted) and shall be trained to perform the work required.
14:03 The question of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if which Seniority List the employee fails shall be entitled to receive a recall notice because displace in, shall be subject to discussion between the Company and the Union Committee, giving the employee preference if practicable. Failing mutual agreement in such instances, the most junior employee of her/his own failure to advise the Board in writing of a change of addressall Seniority Lists (Maintenance skilled classifications excepted) shall be displaced.
Appears in 1 contract
Samples: Collective Agreement
REDUCTION IN WORK FORCE. A. Any employee who is laid off because of a reduction in staff will be notified at least two weeks in advance, when possible, by certified mail by the Office of the Executive Director of Human Resources/Legal Affairs or her/his designee.
B. In an instance of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final.
C. In the event of a layoff, the procedure below will be followed:
1. Probationary employees assigned to the affected position(s) will be laid off in an order determined by the Board.
2. Non-probationary employees assigned to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having the least seniority being laid off first.
3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow next, is an employee may at the time of their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displacedprogram.
4. Employees laid off through the procedures set forth in this Article will be retained on a recall list for a period equal to the sum of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedure.
5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement.
D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the duties and meet all the requirements of the position as set forth in the job description.
E. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff.
F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of address.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN WORK FORCE. A. Any employee who is laid off because of a reduction in staff will be notified at least two weeks in advance, when possible, by certified mail by the Office of the Executive Director of Human Resources/Legal Affairs or her/his designee.
B. In an instance of reduction in force, the Board will determine the positions to be affected and 11.01 The Company shall notify the Union as soon as possible prior to any layoff or when the Company reduces the number of such reductionregular full-time employees. The decision Company will meet with the Union within 48 hours (unless circumstances beyond reasonable control occur) to determine the number of the Board with respect employees in each classification/ department to said reductions in personnel shall be final.
C. In the event of a layoff, the procedure below will be followed:
1. Probationary employees assigned to the affected position(s) will be laid off in an order determined by and will provide the BoardUnion with a seniority list stating each employee’s hire date, classification/departmental seniority, employment status and qualifications.
2. Non-probationary 11.02 All employees assigned to the affected position(s) will shall receive at least 14 days working notice of layoff or two weeks’ pay in lieu of notice.
11.03 The last person hired shall be laid off first, and when the force is again increased, employees are to be returned to work in the reverse order in which they are laid off during the layoff process, subject to qualifications. Notice of their seniority, layoff shall be sent by email and registered mail to the address last filed by the employee with the employee having Company. The Union shall be copied on the least seniority being laid off firstelectronic layoff notices unless circumstances are out of the Employer’s control. Employees are required to provide a “read receipt” of such electronic correspondence, which will be acknowledged and recorded by the company. Employees whom refuse to provide a “read receipt” or sign and collect registered notices sent forth by the Company will be reported to the Union’s attention.
3. During a reduction in workforce non-probationary employees 11.04 Seniority will continue to accrue during the recall period.
11.05 An employee who have has been laid off will first be offered any vacant positions that are the same or close shall remain listed according to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow next, is an employee may at the time of their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displaced.
4. Employees laid off through the procedures set forth in this Article will be retained on a recall list for a period equal to the sum of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedure.
5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective eighteen (18) months after the ratification of this Agreement.
D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for day on which he/she was laid-off in accordance with article 9.02 (d). In the event there is not qualified a severance/ termination payout during the eighteen (18) months and cannot perform all the duties employee is recalled and meet all chooses to continue his/her employment, the requirements of employee will only be entitled to severance/ termination pay calculated from the position as set forth last severance payment.
11.06 When work becomes available in any classification from which there has been a layoff, seniority shall determine the employees to be recalled. Every previous employee then having seniority in the job descriptionsaid classification/department shall be recalled before any other person is transferred into or hired into it.
E. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff.
F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall 11.07 Recall notice shall be sent by email and registered mail to the address last filed by the employee at herwith the Company. Recall notices are to contain the position and employment status for which employees are being recalled. Refusal to accept a lesser employment status shall not constitute a breach of contract or invalidate an employee’s right to recall to his/his last known address as recorded in her former employment status. The Union shall be copied on the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt electronic recall notices unless circumstances are out of the recall notice, the employee shall be considered as having voluntarily terminated her/his employmentEmployer’s control. It is understood that such employee is Employees are responsible for keeping the Office of Human Resources/Legal Affairs advised in writing company informed of any change of address, email, and will not be excused for failure to report for work upon contact number by email or registered mail as soon as possible.
11.08 If within five (5) calendar days of receipt of a notice of recall if the an employee fails to receive a notify the Company of his/her intention to work, or fails to provide reasons that would satisfy the Company that he/she is unable to work due to accident or illness, or other significant cause, he/she shall lose all seniority and his/her name will be removed from the seniority list in accordance with Article 9.02 (e).
11.09 In the event of any differences arising in the administration of Article 16, the Union will have the right to meet with the Company and discuss same.
11.10 Layoffs and recall notice because of her/his own failure to advise the Board in writing of a change of address.shall be governed by the
Appears in 1 contract
Samples: Collective Agreement
REDUCTION IN WORK FORCE. A. Any employee who is laid off because of Section 9.1. If the Employer determines that a reduction in staff the work force is necessary the Employer shall notify the affected employees and the committee ten (10) calendar days in advance of the effective date of the reduction (layoff).
Section 9.2. The Employer shall determine the classification(s), which will be notified at least two weeks affected by any reduction (layoff).
Section 9.3. Any reduction in advanceforce affecting the bargaining unit shall be instituted in the inverse order of seniority as defined by this Agreement.
Section 9.4. Any bargaining unit member receiving a notice of layoff may displace a less senior employee in another bargaining unit classification provided the laid-off employee possesses all qualifications, when possiblecapabilities, by certified mail and certifications or license (if required) for the position into which the laid-off employee wishes to displace, as determined by the Office of the Executive Director of Human Resources/Legal Affairs or her/his designeeEmployer.
B. In an instance Section 9.5. Any employee, who displaces in accordance with this Article, shall then receive the rate of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final.
C. In the event of a layoff, the procedure below will be followed:
1. Probationary employees pay assigned to the affected position(s) will be classification displaced into.
Section 9.6. Employees who are laid off in an order determined by the Board.
2. Non-probationary employees assigned to the affected position(s) will shall be laid off in the reverse order of their seniority, with the employee having the least seniority being laid off first.
3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow next, is an employee may at the time of their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displaced.
4. Employees laid off through the procedures set forth in this Article will be retained placed on a recall list for a period equal of six (6) months. If the Employer determines a recall is to be made, employees who are on the sum of their accrued seniority recall list and will available for immediate duty with the Employer shall be recalled recalled. Recall shall be in the reverse inverse order of their layoff, provided the employee is then qualified to perform the work within the classification to which they are recalled. The Employer pledges no to layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedureas a means of discipline.
5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement.
D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the duties and meet all the requirements of the position as set forth in the job description.
E. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff.
F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued senioritySection 9.7. Notice of recall Recall shall be sent to the employee at her/his last known address as recorded in and the Office of Human Resources/Legal Affairs, Committee by certified mail. The Employer shall be deemed to have fulfilled its obligation under the Article, return receipt requestedby mailing and showing proof of such mailing of Recall Notice to the last address provided by the employee.
Section 9.8. If an employee fails to report for work within five The recalled employees shall have seven (57) working calendar days from following the date of receipt to attempted deliver of the recall notice, Recall Notice to notify the Employer of his intention to return to duty. The recalled employee must report to duty on the date specified by the Employer or the employee shall be considered as having voluntarily terminated her/forfeit his employmentright to the recalled position. It is understood that such The Employer must provide at least fourteen (14) calendar days for the employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of addressduty.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN WORK FORCE. 8.1 Lay-off
A. Any employee who is laid off because A reduction in force or a layoff, as used herein, shall mean any suspension from employment arising out of a reduction in staff will be notified at least two weeks the work force (other than normal breaks in advance, when possible, by certified mail by the Office of the Executive Director of Human Resources/Legal Affairs or her/his designeeschool calendar such as summer and holidays).
B. In an instance of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel Seniority shall be finaldefined as the total length of continuous service with the bargaining unit since the most recent date of hire. Seniority shall accrue back to the date of hire following the successful completion of probation.
C. Seniority will not be broken by approved leaves of absence or layoff of less than twelve (12) months.
D. An employee shall lose his/her seniority for any of the following reasons: termination, retirement, resignation, layoff in excess of twelve (12) months, failure to report for work after notice of recall or failure to report for work at the completion of an approved leave of absence.
E. In the event of a layoff, the procedure below will be followed:
1. Probationary employees assigned to the affected position(s) will be laid off in an order determined by the Board.
2. Non-probationary employees assigned to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having the least seniority being laid off first.
3. During a reduction in workforce nonforce takes place, the District will identify the positions or jobs to be discontinued, make appropriate reassignments and then lay-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow next, is an employee may at the time of their layoff, displace the least senior employee within provided there is a more senior employee qualified (with minimal or no re-training) to do the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority work. When recalling employees from layoff (other than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displaced.
4. Employees laid off through the procedures set forth in this Article will be retained on a recall list for a period equal to the sum of their accrued seniority and will be recalled normal breaks in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedure.
5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashionschool calendar), the Board reserves the right to implement the provisions set forth. This provision most senior employee on layoff shall become effective after the ratification of this Agreement.
D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which be first recalled if he/she is not qualified and cannot capable to perform all the duties and meet all the requirements of the position as set forth in the job description.
E. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoffavailable position.
F. An employee laid off under this Article will be retained on a recall list Grievance rights for a period equal to a sum of the employee's accrued seniority. Notice violation of recall shall exist for up to twenty-one (21) months from the last day of actual work, but in no event shall a grievance be sent to filed beyond the employee at her/his last known address as recorded in time limits described for the Office first level of Human Resources/Legal Affairsthe grievance procedure if the aggrieved party becomes aware of the occurrence of the grievance or, with reasonable diligence, should have become aware of the occurrence of the grievance.
G. The District shall give written notice of recall by certified mailletter, return receipt requested, to said employee's last known address. If an employee fails to report for work within five (5) working days from The address as it appears on the date of receipt of the recall notice, the employee District's records shall be considered as having voluntarily terminated her/his employmentconclusive when used in connection with recalls or other notices to the employee. It is understood that such the sole responsibility of the employee is responsible for keeping to notify the Office of Human Resources/Legal Affairs advised in writing District of any change of address. If the District is not able to cause delivery of the notice of recall within fifteen (15) days of the date that such notice was sent, and will not be excused for failure it shall result in a forfeiture of the employee's rights to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of addressrecall.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN WORK FORCE. A. Any employee who is laid off because of a reduction in staff will be notified at least two weeks in advance, when possible, by certified mail by the Office of the Executive Director of Human Resources/Legal Affairs or her/his designee.
B. In an instance of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final.
C. (a) In the event of a layoffreduction in the work force, the procedure below will be followed:
1. Probationary regular employees assigned to the affected position(s) will shall be laid off in an order determined by the Board.
2. Non-probationary employees assigned to the affected position(s) will be laid off in the reverse order of their seniority, provided that there are available employees with greater seniority who are qualified and willing to do the employee having work of the least seniority being laid off first.
3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which they are being laid off. A reduction or increase of fifteen percent (15%) or more of an employee’s original scheduled hours of work per week shall be considered a layoff.
(b) The Procedure that will follow next, Employer shall give regular full-time and regular part-time employees the following written notice or pay in lieu of notice:
i) less than three (3) years’ seniority - thirty-one (31) calendar days;
ii) Three (3) or more years’ seniority - one (1) additional week for each additional year of employment to a maximum of ten (10) weeks’ notice.
(c) The notice period described in (b) above is an employee may at in addition to any notice or pay in lieu of notice required by the Employment Standards Act in the case of group terminations.
(d) Notice of lay-off shall not apply to probationary employees.
(e) Laid off regular employees shall retain their seniority and perquisites accumulated up to the time of their layofflay-off, displace the least senior employee within the program working the same or as near the same number for a period of hours per week one (1) year and the same or as near the same number of weeks per yearshall be rehired, provided such employee has more seniority than if the employee possesses the capability of performing the duties of the vacant job, on the basis of last off - first on. Laid off employees failing to report for work of an ongoing nature within seven (7) days of the date of receipt of notification by registered mail shall be considered to have abandoned their right to re-employment. Employees requiring to give two (2) weeks’ notice to another employer shall be deemed to be displacedin compliance with the seven (7) day provision. Employees In the exercise of rights under this section, employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displaced.
4. Employees laid off through the procedures set forth exercise their rights in this accordance with Article will be retained on a recall list for a period equal to the sum of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedure.
5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification 17 of this Agreement.
D. It is understood that no application (f) Where a notice of the seniority standard for purposes of displacement or layoff actually results in a layoff, and prior to the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the duties and meet all the requirements becoming effective, two (2) copies of the position as set forth in the job description.
E. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff.
F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall such notice shall be sent to the Secretary-Treasurer of the Local.
(g) An employee who has been laid off and wishes to be recalled must ensure that the Employer has a current telephone number and address for purposes of recall. The Employer’s only obligation on recall is to contact the employee at her/his the last known address as recorded in the Office of Human Resources/Legal Affairsaddress. Therefore, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if provide correct, current information could jeopardize the employee fails employee’s right to receive a recall notice because of her/his own failure to advise the Board in writing of a change of addressrecall.
Appears in 1 contract
Samples: Collective Agreement
