REDUCTION IN WORK FORCE. 13:01 When circumstances require a reduction in 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 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 seven (7) calendar days notice to the employees affected. 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, employees affected shall be laid 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. 13:07 In the event of a total plant closure, the 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 included in the calculation of total severance pay). The Company will provide three (3) months notice to Union in the event of total plant closure.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
REDUCTION IN WORK FORCE. 13:01 When circumstances require a reduction in 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 ("EM" 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 the Seniority List (Maintenance skilled classifications excepted), provided his seniority so allows and he can continue possesses the necessary qualifications, ability and physical fitness 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 the 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)above, 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 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 seven (7) calendar days notice to the employees affected.
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, employees affected shall be laid 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.
13:07 In the event of a total plant closure, the 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 included in the calculation of total severance pay). The Company will provide three (3) months notice to Union in the event of total plant closure.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
REDUCTION IN WORK FORCE. 13:01 When circumstances require The District and the Association recognize that open communication during a potential reduction in force is beneficial and agree to work together throughout the number process to minimize the impact 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 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 individual employees and on the (Workplace Safety & Insurance Board) and District. When 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 seven (7) calendar days notice to the employees affected.
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 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. 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 bumped as a result of a reduction in force.
13:06 On occasions 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 “bumped,” and shall keep the Association informed of these timetables so that it may work with its members through the bumping 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 maintenance of electrical equipment necessitates a power outage, employees affected to be bumped under this article shall be given no less than 30 college business days before the bump is effective.
F. Employees who have been notified they will be laid off for a period not in excess of one-half of their regular shift and or bumped under this article shall not be eligible to displace other employees under the provisions of this Article.
13:07 In the event of a total plant closure, the 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 granted a maximum of twenty-six five (265) weeks total hours of paywork time during their regular work schedule to update their application materials. 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 The employee will be included in the calculation of total severance pay). The Company will provide three (3) months notice to Union in the event of total plant closure.given five
Appears in 1 contract
Samples: Classified Association Agreement
REDUCTION IN WORK FORCE. 13:01 When circumstances require a reduction in 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)When it becomes necessary to reduce the working force, provided the least senior employee in their classification in their center shall be laid off first, and when the force is capable 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 continuing a layoff, an employee so laid off shall be given two (2) weeks notice of recall mailed to perform employee's last known address by registered or certified mail or telegram with verification of delivery. The employee must notify the 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 requiredand 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) An In the event a full time employee so displaced shall in turn displace the most junior employee in another classification within the same Seniority Listcontinues on lay off status for two (2) consecutive working days, 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, they he/she shall be entitled to displace the most least senior of the employees, 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 them him/her in the classificationbuilding, said however, if they he/she elects to replace a tractor trailer driver, the employee may select his schedule provided his seniority so allows.he/she must be previously qualified. This section will not apply to employees with one
(i1) An employee displaced from year or less seniority. The shop xxxxxxx will be notified of all layoffs. In the event a Departmental Seniority Listfeeder driver is laid off and continues on lay off status for two (2) consecutive working days, having previously exhausted all possible options as detailed in (a), (b), (c), and (d) of this section they he/she shall be entitled to displace the most junior least senior package driver, provided they are he/she is package qualified, otherwise they he/she may displace the least senior employee to them him/her in the 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 day trial period. If a feeder driver fails to qualify as a package driver, they he/she shall return to their his/her prior status but shall not have any right to displace a package driver 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 worksubsequent lay off.
(iic) An A laid off full time seniority 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 shall be given the opportunity to 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 shifttemporary basis, provided his seniority so allowsif qualified at another center in the Local Union's jurisdiction before any new employees are hired, and he can perform or prior to the work required as medically cleared by his Doctor, verified by the Company Doctor and where applicable verified by the WSIB. Training will be providedQualified List being activated. If placement on a comparable shift is laid off employee elects not applicableto work, then the restricted least senior laid off employee will be allowed forced 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 providedwork.
(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 seven (7) calendar days notice to the employees affected.
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, employees affected shall be laid 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.
13:07 In the event of a total plant closure, the 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 included in the calculation of total severance pay). The Company will provide three (3) months notice to Union in the event of total plant closure.
Appears in 1 contract
Samples: Supplemental Agreement
REDUCTION IN WORK FORCE. 13:01 A. When circumstances require it becomes necessary to reduce the work force in the plant, the following procedure will be observed:
1. Prior to a reduction in the number of employees within a classificationworkforce, the following procedure shall apply:
(i) An employee Human Resources Manager will meet with the most seniority Local Union President (or his/her designee) to discuss how the layoff will be accomplished. The Company retains its rights under the management rights clause to determine if and when a layoff should take place and the xxxxxxx following the layoff. The purpose of those affected by the reduction in 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. Employees within the classification where excess personnel exist, still in their probationary period shall displace the most junior employee in be cut back to another classification within the same Seniority List, provided his seniority so allows and he can continue to perform the work requiredvacant job if available.
(ii) If 3. Employees having the reduction results in least seniority shall be cut back from the classification changing affected. Employees cut back from Continuous Shift to a non-Continuous Shift, then senior employees being retained their classification will maintain indefinite recall rights except as provided in the classification may, in order of seniority, be allowed to exercise any "bump" that the junior employee(sArticle 9.2(B)(2) could have exercised under 13:01 (a) (i) or 13:01 (d), provided the senior employee is capable of continuing to perform the work requiredand Article 11.4.
4. Subject in each case to his being able to qualify (bas defined in 9.1D) An employee so displaced shall in turn displace of this Article) for 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) abovequalified work, an employee displaced who is cut back from a day job ("E" shift) through the provisions of this Articleemployee’s regular classification shall, shall have in the following options: To sequence, and consistent with the employee’s seniority, displace the most junior least senior 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 Listthe least senior in the classification goes to the available opening in the department, having previously exhausted all possible options as detailed in (a), (b), (c), and (d) of this section shall be entitled to after these openings are filled the employees will displace the most junior least senior in the department. The employee being displaced will go to the available opening in any of the Seniority Lists (Maintenance skilled classifications excepted) provided his seniority so allows and he has plant, fill an open job in the physical fitness to perform the work required and shall be trained to perform such work.
(ii) An employee displaced from a Departmental Seniority Listplant, 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 allowed to or 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 least senior employee in the plant. If an employee is cutback to a lower paying job following November 16, seniority allowing in a classification in which he can perform 2016, the work required as medically cleared by his Doctor, verified by the Company Doctor and where applicable verified by the WSIB. Training employee will be provided.
(iii) If paid the restricted higher rate of the job to which the 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 cutback for the Inactive Seniority List, may be placed on layoff.
first ninety-one (f91) An employee entering another Department through the provisions of this Article, shall have his seniority transferred as of days from the date of the transfer; after ninety-one (91) days from the date of transfer, the employee will be paid the rate of the job to which the employee has 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.
(g) An a. Once a laid off employee displaced from his Department through returns to work, the application employee will be paid the rate of this Articlethe job to which he or she returns, shall not transfer without regard to another Department under when the provisions employee was cutback to a lower paying job. If that job has multiple rates, the employee will be paid the highest rate of Article XII- Transfers and Promotions while a more senior non-restricted that job for which the employee is on lay-offhas qualified.
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 b. The Company will not lay off shall an employee for the purpose of recallchanging 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 a skilled trade (Powerhouse, Mechanic, Electrician, Certified Utility) unless the cut back employee has already been qualified in the skilled trade.
5. In cases where the elements of existing jobs are combined into one job, employees currently established in the existing jobs shall be provided offered the new job in order of seniority. When existing jobs are combined or when a new machine is placed into operation, the Company shall meet and 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 grievance procedure.
B. Before any employee is laid off, he will be notified personally by written notice and a form copy of the notice will be given to the Local Union President listing the names, job classifications and date of hire of all employees to be laid off at least five (5) working days preceding the day of layoff. New employees shall not be hired by the Human Resources Department 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 they shall indicate the jobs they can reasonably performemployee 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 indicated the jobs they can reasonably perform, been 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 layoff 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 seven (7) calendar days notice to the employees affected.
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, employees affected shall be laid 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.
13:07 In the event of a total plant closure, the 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 will be required to return to an opening by seniority at the rate of paypay for that classification.
1. Employees Any employee who refuses to return to work in the classification from which the employee was laid off loses any future recall rights with more than 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) years 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 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 the employee is released by the physician and be paid according to the rate of service shall receive the job to which the employee is assigned. An employee who is released, but for whom there is no vacancy will not be permitted to 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 additional one-half (1/2) weeks pay for each year of service beyond twenty-six (26) (partial years of service will be included adjustment or a reduction in the calculation work force to a level of total severance pay). The employment which the Company will provide three (3) months notice deems best suited to Union in the economic and operating conditions of the business.
E. In the event of total plant closurean 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 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 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 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 employee once the employee is terminated. Titan will have discretion to rehire the former employees in the order it deems appropriate.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN WORK FORCE. 13:01 When circumstances require a reduction in 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)When it becomes necessary to reduce the working force, provided the least senior employee in their classification in their center shall be laid off first, and when the force is capable 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 continuing a lay- off, an employee so laid off shall be given two (2) weeks notice of recall mailed to perform employee’s last known address by registered or cer- tified mail or telegram with verification of delivery. The employee must notify the employer within three (3) days (excluding Saturday, Sunday or holidays) after receipt thereof as to whether or not he intends to report for work requiredand 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) An In the event a full time employee so displaced 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 turn displace the most junior employee in another classification within 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 notified of all layoffs. In the same Seniority Listevent a feeder driver is laid off and continues on lay off sta- tus for two (2) consecutive working days, 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, he/she shall be entitled to displace the most junior least senior package driver, provided he/she is package qualified, otherwise he/she may displace the least senior employee to him/her in the 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 day trial period. If a feeder driver fails to qualify as a package driver, he/she shall return to his/her prior status but shall not have any right to displace a package driver 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 allowssubsequent lay off.
(ic) An A laid off full time seniority 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 given the oppor- tunity 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 allowed to displace the most junior employee of all those classifications on a comparable shifttemporary basis, provided his seniority so allowsif qualified at another center in the Local Union’s jurisdiction before any new employees are hired, and he can perform or prior to the work required as medically cleared by his Doctor, verified by the Company Doctor and where applicable verified by the WSIB. Training will be providedQualified List being activated. If placement on a comparable shift is laid off employ- ee elects not applicableto work, then the restricted least senior laid off employee will be allowed forced 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 providedwork.
(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 seven (7) calendar days notice to the employees affected.
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, employees affected shall be laid 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.
13:07 In the event of a total plant closure, the 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 included in the calculation of total severance pay). The Company will provide three (3) months notice to Union in the event of total plant closure.
Appears in 1 contract
Samples: Supplemental Agreement
REDUCTION IN WORK FORCE. 13:01 When circumstances require a reduction in 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)When it becomes necessary to reduce the working force, provided the least senior employee in their classification in their center shall be laid off first, and when the force is capable 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 continuing a lay- off, an employee so laid off shall be given two (2) weeks notice of recall mailed to perform employee’s last known address by registered or certified mail or telegram with verification of delivery. The employ- ee must notify the 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 requiredand 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) An In the event a full time employee so displaced 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 turn displace the most junior employee in another classification within 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 notified of all layoffs. In the same Seniority Listevent a feeder driver is laid off and continues on lay off status for two (2) consecutive working days, 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, he/she shall be entitled to displace the most junior least senior package driver, provided he/she is package qualified, otherwise he/she may displace the least senior employee to him/her in the 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 day trial period. If a feeder driver fails to qualify as a package driver, he/she shall return to his/her prior status but shall not have any right to displace a package driver 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 allowssubsequent lay off.
(ic) An A laid off full time seniority 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 given the oppor- tunity 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 allowed to displace the most junior employee of all those classifications on a comparable shifttemporary basis, provided his seniority so allowsif qualified at another center in the Local Union’s jurisdiction before any new employees are hired, and he can perform or prior to the work required as medically cleared by his Doctor, verified by the Company Doctor and where applicable verified by the WSIB. Training will be providedQualified List being activated. If placement on a comparable shift is laid off employee elects not applicableto work, then the restricted least senior laid off employee will be allowed forced 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 providedwork.
(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 seven (7) calendar days notice to the employees affected.
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, employees affected shall be laid 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.
13:07 In the event of a total plant closure, the 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 included in the calculation of total severance pay). The Company will provide three (3) months notice to Union in the event of total plant closure.
Appears in 1 contract
Samples: Supplemental Agreement
REDUCTION IN WORK FORCE. 13:01 When circumstances require 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 number process to minimize the impact 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 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 individual employees and on the (Workplace Safety & Insurance Board) and District. When 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 seven (7) calendar days notice to the employees affected.
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 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. 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 bumped as a result of a reduction in force.
13:06 On occasions 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 “bumped,” and shall keep the Association informed of these timetables so that it may work with its members through the bumping 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 maintenance of electrical equipment necessitates a power outage, employees affected to be bumped under this article shall be given no less than 30 college business days before the bump is effective.
F. Employees who have been notified they will be laid off for a period not in excess of one-half of their regular shift and or bumped under this article shall not be eligible to displace other employees under the provisions of this Article.
13:07 In the event of a total plant closure, the 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 granted a maximum of twenty-six five (265) weeks total hours of paywork time during their regular work schedule to update their application materials. 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 The employee will be included in the calculation of total severance pay). The Company will provide three (3) months notice to Union in the event of total plant closure.given five
Appears in 1 contract
Samples: Classified Association Agreement
REDUCTION IN WORK FORCE. 13:01 When circumstances require a reduction in the number of employees within a classificationDepartment, the following procedure shall apply:
(i) An employee with the most least amount of seniority of those affected by the reduction 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 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.
(ie) 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 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- 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 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 Human Resources DepartmentOperations 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 seven (7) calendar days notice to the employees affected.
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, employees affected shall be laid 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.
13:07 In the event of a total plant closure, the 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 included in the calculation of total severance pay).
13:08 Christmas Shutdown
1. It may become necessary in any year to implement a temporary shutdown during the 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 implemented for a “Christmas Shutdown” only.
2. The Company shall give the Union notice of such a shutdown by November 15th .
3. The shutdown will provide three not exceed two (32) months notice weeks in duration.
4. All employees affected shall commence the shutdown period in accordance with their regular shift schedules.
5. At the end of the shutdown period, all affected employees shall be recalled to Union their regular classifications in accordance with their regular shift schedules.
6. The Company shall endeavor to ensure the period of shutdown will begin at the end of a regular work week, and that recall to 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 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 Collective Agreement, shall be paid for all Recognized Holidays falling within the period of the “Christmas Shutdown”.
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 physically able to continue the work required.
14:02 In the event an employee cannot be placed on a job under the terms of total plant closuresection 14:01, the employee shall be entitled to displace the most junior employee in any of the Seniority Lists (Maintenance skilled classifications excepted) and shall be trained to perform the work required.
14:03 The question of which Seniority List the employee shall be entitled to 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 all Seniority Lists (Maintenance skilled classifications excepted) shall be displaced.
Appears in 1 contract
Samples: Collective Agreement
