Common use of REDUCTION IN WORK FORCE Clause in Contracts

REDUCTION IN WORK FORCE. 16:01 When services of one or more employees are no longer required by the Company because of shortage of work, change in technology or other reason not connected with a misdemeanor or lack of performance of the employee concerned, SEAC recognizes the necessity that the Company must retain an effective work force and that those employees who are retained must be capable of and willing to perform the work which is available. On the other hand, the Company recognizes a degree of obligation to those employees who have served it and will endeavor to find suitable employment within the limits of their capability to perform effectively with reasonable training which will include but not necessarily be limited to on-the-job training. 16:02 Where there is insufficient available work to warrant the benefits of 16:01 and where the employee is unwilling to undergo further training, the employee may be considered for termination, however the Company shall not hire contractors, consultants or temporary employees for any work that the employee is qualified to perform and is able and willing to undertake. 16:03 Any employee whose service is no longer required as in 16:01 or 16:02 above shall be terminated. The Company will notify SEAC at least twenty-four hours in advance of a termination due to lack of work affecting any employee within the Bargaining Unit. Employees will be provided lump sum entitlement as outlined below which is inclusive of the statutory pay in lieu of notice. The notice portion shall be paid on the last day worked. The severance portion will be paid, at the option of the employee as either: (a) Bi-weekly amounts, or (b) A lump sum payment to be paid on termination or deferred to the next calendar year at the request of the employee. Completed 1 year 4 Completed 2 years 6 Completed 3 years 9 Completed 4 years 12 Completed 5 years 15 Completed 6 years 18 Completed 7 years 21 Completed 8 years 24 Completed 9 years 27 Completed 10 years 30 Completed 11 years 33 Completed 12 years 36 Completed 13 years 39 Completed 14 years 42 Completed 15 years 45 Completed 16 years 48 Completed 17 years 51 Completed 18 years 54 Completed 19 years 57 YEARS OF SERVICE Weeks of Pay YEARS OF SERVICE Weeks of Pay Completed less than 1 year 3 In addition to the table above, all employees shall receive a prorated portion of the weeks of pay increment for completed months in a partially completed year of service. Employees with 20 years' service or greater will receive an additional two (2) weeks' pay for each additional one (1) complete year's service and 1/6th of a weeks' pay for each completed month of a partial year of service. Employees over age 50 but with less than 10 years' service shall receive an additional one (1) week of pay for each complete year over 50 years of age and 1/12th of a weeks' pay for each full month of a partial year over 50 years of age up to an aggregate of 27 weeks of pay. 16:04 Employees who are terminated under the above articles shall, on request, be advised for a period of twelve months from date of termination of any vacancy for which they are qualified at any Company location. If the former employee is rehired prior to the expiry of the period covered by the severance pay they shall repay to the Company that portion remaining and shall have all service prior to termination restored on their return to work, provided it has not exceeded twelve months since they were terminated. 16:05 Where the Company has sold, including by way of transfer or any other means of disposition, a part (defined as affecting less than 50% of the Company’s employees) of its business, or outsourced the provision of services, the following process will apply: (a) Affected employees may apply for internal positions. (b) If alternative employment within the Company has not been offered, affected employees will be terminated in accordance with Article 16:03. Such employees will be notified of vacancies as outlined in 16:04 16:06 Where an employee has refused a company initiated job offer to Calgary or Halifax and where there is no other job opportunity within the Company, the affected employee will be paid severance in accordance with Article 16:03 and such employees will be notified of any vacancies as per Article 16:04. 16:07 The Company and SEAC accept the principle that where ability and qualifications are comparable, then the length of service with the Company will be considered in any reduction of work force. However, the Company reserves the right to protect employees already assigned to an extended task and those with a specialized technical knowledge. 16:08 The Company will continue its practice of assisting employees affected by a termination due to lack of work in seeking alternative employment opportunities. Such assistance will include; resume preparation, contacting other employers, etc. and will be commensurate with their occupation. 16:09 In the case of an employee who has avoided a reduction in the work force and has been reclassified due to demotion or lateral transfer and fails to successfully pass the six month trial period, the Company will make every effort to find other suitable available work. If a suitable vacancy is not located, the employee may be subject to termination in accordance with 16:01 above. 16:10 In the case of an employee reclassified due to promotion within Article 2:01 who fails to pass the six month trial period, the Company shall make every effort to find other suitable available work at the same level held by the employee before the promotion. 16:11 Any employee covered by this Agreement who accepts a position in a job classification not covered by Article 2:01 shall be permitted to return to a job classification covered by this Agreement provided that work is available which the employee can perform and such period in the excluded job classification has not exceeded two years. Additionally, if the position is a managerial position, employees may be returned, or elect to return to their previous job classification if their assignment has not exceeded six months regardless of the availability of work. 16:12 Within the limits of any previous contractual commitments or stipulation by the customer, the Company will endeavor to have any work being performed by contractors, consultants or temporary employees returned to the department where there is a shortage of work necessitating a reduction in work force provided that those to be affected have the competence to perform such tasks.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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REDUCTION IN WORK FORCE. 16:01 When services of one or more employees are no longer required by the Company because of shortage of work, change in technology or other reason not connected with a misdemeanor or lack of performance of the employee concerned, SEAC recognizes the necessity that the Company must retain an effective work force and that those employees who are retained must be capable of and willing to perform the work which is available. On the other hand, the Company recognizes a degree of obligation to those employees who have served it and will endeavor to find suitable employment within the limits of their capability to perform effectively with reasonable training which will include but not necessarily be limited to on-the-job training. 16:02 Where there is insufficient available work to warrant the benefits of Article 16:01 and where the employee is unwilling to undergo further training, the employee may be considered for termination, however the Company shall not hire contractors, consultants or temporary employees for any work that the employee is qualified to perform and is able and willing to undertake. 16:03 Any employee whose service is no longer required as in Articles 16:01 or 16:02 above shall be terminated. The Company will notify SEAC at least twenty-twenty four hours in advance of a termination due to lack of work affecting any employee within the Bargaining Unit. Employees will be provided lump sum entitlement as outlined below which is inclusive of the statutory pay in lieu of notice. The notice portion shall be paid on the last day worked. The severance portion will be paid, at the option of the employee as either:below (a) Bi-weekly amounts, or (b) A lump sum payment to be paid on termination or deferred to the next calendar year at the request of the employee. Completed less than 1 year 3 Completed 13 years 39 Completed 1 year 4 Completed 14 years 42 Completed 2 years 6 Completed 15 years 45 Completed 3 years 9 Completed 16 years 48 Completed 4 years 12 Completed 17 years 51 Completed 5 years 15 Completed 18 years 54 Completed 6 years 18 Completed 19 years 57 Completed 7 years 21 Completed 8 years 24 Completed 9 years 27 Completed 10 years 30 Completed 11 years 33 Completed 12 years 36 Completed 13 years 39 Completed 14 years 42 Completed 15 years 45 Completed 16 years 48 Completed 17 years 51 Completed 18 years 54 Completed 19 years 57 YEARS OF SERVICE Weeks of Pay YEARS OF SERVICE Weeks of Pay Completed less than 1 year 3 In addition to the table above, all employees shall receive a prorated portion of the weeks of pay increment for completed months in a partially completed year of service. Employees with 20 years' service or greater will receive an additional two (2) weeks' pay for each additional one (1) complete year's service and 1/6th of a weeks' pay for each completed month of a partial year of service. Employees over age 50 but with less than 10 years' service shall receive an additional one (1) week of pay for each complete year over 50 years of age and 1/12th of a weeks' pay for each full month of a partial year over 50 years of age up to an aggregate of 27 30 weeks of pay. 16:04 Employees who are terminated under the above articles shall, on request, be advised for a period of twelve months from date of termination of any vacancy for which they are qualified at any Company location. If the former employee is rehired prior to the expiry of the period covered by the severance pay they shall repay to the Company that portion remaining and shall have all service prior to termination restored on their return to work, provided it has not exceeded twelve months since they were terminated. 16:05 Where the Company has sold, including by way of transfer or any other means of disposition, a part (defined as affecting less than 50% of the Company’s employees) of its business, or outsourced the provision of services, the following process will apply: (a) Affected employees may apply for internal positions. (b) If alternative employment within the Company has not been offered, affected employees will be terminated in accordance with Article 16:03. Such employees will be notified of vacancies as outlined in Article 16:04. 16:06 Where an employee has refused a company initiated job offer to Calgary or Halifax and where there is no other job opportunity within the Company, the affected employee will be paid severance in accordance with Article 16:03 and such employees will be notified of any vacancies as per Article 16:04. 16:07 The Company and SEAC accept the principle that where ability and qualifications are comparable, then the length of service with the Company will be considered in any reduction of work force. However, the Company reserves the right to protect employees already assigned to an extended task and those with a specialized technical knowledge. 16:08 The Company will continue its practice of assisting employees affected by a termination due to lack of work in seeking alternative employment opportunities. Such assistance will include; resume preparation, contacting other employers, etc. and will be commensurate with their occupation. 16:09 In the case of an employee who has avoided a reduction in the work force and has been reclassified due to demotion or lateral transfer and fails to successfully pass the six month trial period, the Company will make every effort to find other suitable available work. If a suitable vacancy is not located, the employee may be subject to termination in accordance with Article 16:01 above. 16:10 In the case of an employee reclassified due to promotion within Article 2:01 who fails to pass the six month trial period, the Company shall make every effort to find other suitable available work at the same level held by the employee before the promotion. 16:11 Any employee covered by this Agreement who accepts a position in a job classification not covered by Article 2:01 shall be permitted to return to a job classification covered by this Agreement provided that work is available which the employee can perform and such period in the excluded job classification has not exceeded two years. Additionally, if the position is a managerial position, employees may be returned, or elect to return to their previous job classification if their assignment has not exceeded six months regardless of the availability of workand work is available. 16:12 Within the limits of any previous contractual commitments or stipulation by the customer, the Company will endeavor to have any work being performed by contractors, consultants or temporary employees returned to the department where there is a shortage of work necessitating a reduction in work force provided that those to be affected have the competence to perform such tasks.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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REDUCTION IN WORK FORCE. 16:01 When services of one or more employees are no longer required by the Company because of shortage of work, change in technology or other reason not connected with a misdemeanor or lack of performance of the employee concerned, SEAC recognizes the necessity that the Company must retain an effective work force and that those employees who are retained must be capable of and willing to perform the work which is available. On the other hand, the Company recognizes a degree of obligation to those employees who have served it and will endeavor to find suitable employment within the limits of their capability to perform effectively with reasonable training which will include but not necessarily be limited to on-the-job training. 16:02 Where there is insufficient available work to warrant the benefits of 16:01 and where the employee is unwilling to undergo further training, the employee may be considered for termination, however the Company shall not hire contractors, consultants or temporary employees for any work that the employee is qualified to perform and is able and willing to undertake. 16:03 Any employee whose service is no longer required as in 16:01 or 16:02 above shall be terminated. The Company will notify SEAC at least twenty-four hours in advance of a termination due to lack of work affecting any employee within the Bargaining Unit. Employees will be provided lump sum entitlement as outlined below which is inclusive of the statutory pay in lieu of noticenotice and severance. The notice portion shall be paid on the last day workednext pay cycle. The severance portion will be paid, at the option of the employee as either: (a) Bi-weekly amounts, or (b) A lump sum payment to be paid on termination or deferred to the next calendar year at the request of the employee. Completed 1 year 4 Completed 2 years 6 Completed 3 years 9 Completed 4 years 12 Completed 5 years 15 Completed 6 years 18 Completed 7 years 21 Completed 8 years 24 Completed 9 years 27 Completed 10 years 30 Completed 11 years 33 Completed 12 years 36 Completed 13 years 39 Completed 14 years 42 Completed 15 years 45 Completed 16 years 48 Completed 17 years 51 Completed 18 years 54 Completed 19 years 57 YEARS OF SERVICE Weeks of Pay YEARS OF SERVICE Weeks of Pay Completed less than 1 year 3 In addition to the table above, all employees shall receive a prorated portion of the weeks of pay increment for completed months in a partially completed year of service. Employees with 20 years' service or greater will receive an additional two (2) weeks' pay for each additional one (1) complete year's service and 1/6th of a weeks' pay for each completed month of a partial year of service. Employees over age 50 but with less than 10 years' service shall receive an additional one (1) week of pay for each complete year over 50 years of age and 1/12th of a weeks' pay for each full month of a partial year over 50 years of age up to an aggregate of 27 weeks of pay. 16:04 Employees who are terminated under the above articles shall, on request, be advised for a period of twelve months from date of termination of any vacancy for which they are qualified at any Company location. If the former employee is rehired prior to the expiry of the period covered by the severance pay they shall repay to the Company that portion remaining and shall have all service prior to termination restored on their return to work, provided it has not exceeded twelve months since they were terminated. 16:05 Where the Company has sold, including by way of transfer or any other means of disposition, a part (defined as affecting less than 50% of the Company’s employees) of its business, or outsourced the provision of services, the following process will apply: (a) Affected employees may apply for internal positions. (b) If alternative employment within the Company has not been offered, affected employees will be terminated in accordance with Article 16:03. Such employees will be notified of vacancies as outlined in 16:04 16:06 Where an employee has refused a company initiated job offer to Calgary or Halifax and where there is no other job opportunity within the Company, the affected employee will be paid severance in accordance with Article 16:03 and such employees will be notified of any vacancies as per Article 16:04. 16:07 The Company and SEAC accept the principle that where ability and qualifications are comparable, then the length of service with the Company will be considered in any reduction of work force. However, the Company reserves the right to protect employees already assigned to an extended task and those with a specialized technical knowledge. 16:08 The Company will continue its practice of assisting employees affected by a termination due to lack of work in seeking alternative employment opportunities. Such assistance will include; resume preparation, contacting other employers, etc. and will be commensurate with their occupation. 16:09 In the case of an employee who has avoided a reduction in the work force and has been reclassified due to demotion or lateral transfer and fails to successfully pass the six month trial period, the Company will make every effort to find other suitable available work. If a suitable vacancy is not located, the employee may be subject to termination in accordance with 16:01 above. 16:10 In the case of an employee reclassified due to promotion within Article 2:01 who fails to pass the six month trial period, the Company shall make every effort to find other suitable available work at the same level held by the employee before the promotion. 16:11 Any employee covered by this Agreement who accepts a position in a job classification not covered by Article 2:01 shall be permitted to return to a job classification covered by this Agreement provided that work is available which the employee can perform and such period in the excluded job classification has not exceeded two years. Additionally, if the position is a managerial position, employees may be returned, or elect to return to their previous job classification if their assignment has not exceeded six months regardless of the availability of workand work is available. 16:12 Within the limits of any previous contractual commitments or stipulation by the customer, the Company will endeavor to have any work being performed by contractors, consultants or temporary employees returned to the department where there is a shortage of work necessitating a reduction in work force provided that those to be affected have the competence to perform such tasks.

Appears in 1 contract

Samples: Collective Agreement

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