Common use of REDUCTION OF WORK FORCE AND RECALL Clause in Contracts

REDUCTION OF WORK FORCE AND RECALL. A. Reduction of Work Force and Recall In the event it should become necessary to reduce the number of Employees in the bargaining unit, or to formally discontinue a University position to which a P&A/UAW member is assigned, the University agrees to provide written notice to the Employee and the Union at least thirty (30) days prior to the actual reduction, except in instances of unusual or extenuating circumstances. It is understood, however, that an Employee who receives such notice must respond to the University within five (5) days indicating whether the Employee will accept appropriate employment if available under the work force reduction procedure. If the Employee's acceptance of such work results in the layoff of another Employee, that Employee shall receive as much notice of layoff as is possible. In the event of layoff, the University shall meet with the Union, on request, prior to the contemplated reduction to review how the reduction will be accomplished. In an effort to provide that Employees with the least seniority are the first to be subject to any necessary work force reduction, the following order of layoff will be implemented: 1. In order for any transfer or recall to take place per the following provisions, the subject Employee must have the qualifications and the ability to perform the duties of the available position. An Employee placed into a position under the provisions of this Article may be subject to the ninety (90) day job qualifying period. If an Employee is subject to such a qualifying period, both the Employee and the Union shall be notified as to the Employee's performance. There shall be a minimum of two (2) progress reports within the ninety (90) day period. The first report must be done midway through the period and the second report must be done prior to the expiration of the ninety (90) day qualifying period. Any Employee subject to the job qualifying period and disqualified within the ninety (90) day period shall continue to exercise seniority under the provisions of this Article. 2. Employees who have not completed the probationary period will be the first laid off within the affected classification in the department or division where reductions are deemed necessary. Any "temporary" position in a classification represented by the Union for possible elimination in lieu of the contemplated reduction of any regular position. 3. The subject Employee, with the least classification seniority in the classification affected within a department or division shall be the first to be laid off provided the Employee(s) remaining have the ability to perform the work available. 4. The subject Employee shall be transferred to a vacancy in his/her classification in his/her division or department, if such exists. 5. If such does not exist, the subject Employee shall be transferred to a vacancy in his/her classification in the University, if such exists. 6. If no vacancies exist within the subject Employee's classification, he/she shall displace the lowest classification seniority person in his/her classification in the University, if he/she has higher seniority in the classification than the displaced Employee. 7. If 4, 5, and 6 above do not provide employment, the subject Employee shall be transferred to a vacancy in the next lower level of his/her classification sequence in the department or division, if such exists. "Classification sequence" shall be defined as classifications with identical titles, but varying degrees of responsibility, (e.g., Administrative Assistant I, Administrative Assistant II, etc.). 8. If such does not exist, the subject Employee shall be transferred to a vacancy in the next lower level of his/her classification sequence in the University, if such exists. 9. If no vacancies exist within the next lower level of the subject Employee's classification sequence, he/she shall displace the lowest classification seniority person in the next lower level in his/her classification sequence in the University, if he/she has higher bargaining unit seniority than the displaced Employee. 10. Any Employee who refuses employment offered by the University in the same or next lower level of his/her classification sequence in accordance with the above provisions shall be considered a voluntary termination. 11. If 8 or 9 above does not provide employment, the subject Employee shall displace the least senior Employee in the job groupings provided he/she has the qualifications and ability to perform the work. The position must be at a salary range equal to or lower than the Employee's former position (see Appendix D). The "least senior" Employee is defined as the Employee with the least seniority in the bargaining unit. 12. An Employee subject to layoff, to whom the University does not offer employment in accordance with the above provisions, may apply for any job vacancy in the bargaining unit for which he/she believes himself/herself to be qualified; and he/she will be transferred by the University to the position if he/she possesses the qualifications and the ability to perform the duties of the available position and if such a transfer does not interfere with the seniority rights of any other bargaining unit Employee under the provisions of this Agreement. 13. A displaced Employee with higher bargaining unit seniority may displace a lower seniority Employee in the lowest level of a classification sequence who is at the same salary range or lower in the bargaining unit. The Employee must have the qualifications and present ability to perform the duties of the position. 14. Any Employee who cannot be placed under the provisions of 11, 12 and 13 above shall be given preferential consideration for suitable vacancies within the University for which they are qualified and which they have the ability to perform prior to the University hiring new personnel, provided such consideration does not conflict with any provision of any other collective bargaining agreement entered into by the University. 15. Any Employee who does not exercise his/her seniority in filling a position as provided for in 11, 12, 13 and 14 above, shall be placed on layoff and shall be subject to recall in accordance with the recall provisions of this Article. 16. In the event an Employee is, under the provisions of this Article, transferred or recalled to a position in the classification from which he/she was laid off, or to a position in another classification at the same salary grade, the Employee shall be paid at the same rate he/she was receiving prior to the layoff. "Same rate" shall be defined as the same salary rate plus any across-the-board increases provided to the salary grade if the Employee is recalled to the same grade or the same step or relative position within the merit range if the Employee is recalled to a lower grade. In the event the Employee is, under the provisions of this Article, transferred or recalled to a position in a classification at a salary grade lower than that of his/her previous classification, the Employee shall be paid at the salary level (step) closest to, but not higher than, his/her previous salary, and not higher than the maximum in the new classification. 17. A transfer or layoff shall not result in a reduction of total University service or of bargaining unit seniority.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Labor Contract, Collective Bargaining Agreement

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REDUCTION OF WORK FORCE AND RECALL. A. Reduction of Work Force and Recall In the event it should become necessary to reduce the number of Employees in the bargaining unit, or to formally discontinue a University position to which a P&A/UAW member is assigned, the University agrees to provide written notice to the Employee and the Union at least thirty (30) days prior to the actual reduction, except in instances of unusual or extenuating circumstances. It is understood, however, that an Employee who receives such notice must respond to the University within five (5) days indicating whether the Employee will accept appropriate employment if available under the work force reduction procedure. If the Employee's acceptance of such work results in the layoff of another Employee, that Employee shall receive as much notice of layoff as is possibleat least ten (10) calendar days notice. In the event of layoff, the University shall meet with the Union, on request, prior to the contemplated reduction to review how the reduction will be accomplished. Employees who have attained a disciplinary record of at least a 3 Day Suspension, shall not be eligible for initial displacement during unit reorganization. The subject discipline must have been issued at least 60 days prior to the issuance of the contractual 30 day minimum written notice. In an effort to provide that Employees with the least seniority are the first to be subject to any necessary work force reduction, the following order of layoff will be implemented: 1. In order for any transfer or recall to take place per the following provisions, the subject Employee must have the qualifications and the ability to perform the duties of the available position. An Employee placed into a position under the provisions of this Article may be subject to the ninety (90) day job qualifying period. If an Employee is subject to such a qualifying period, both the Employee and the Union shall be notified as to the Employee's performance. There shall be a minimum of two (2) progress reports within the ninety (90) day period. The first report must be done midway through the period and the second report must be done prior to the expiration of the ninety (90) day qualifying period. To aid placement efforts, the Employee shall be notified, via the final progress report, of his/her successful completion of the job qualifying period or disqualification for the subject position, at least ten (10) business days prior to the expiration of the ninety (90) day job qualifying period. Any Employee subject to the job qualifying period and disqualified within the ninety (90) day period shall continue to exercise seniority under the provisions of this Article. 2. Employees who have not completed the probationary period will be the first laid off within the affected classification in the department or division where reductions are deemed necessary. Any "temporary" position in a classification represented by the Union for possible elimination in lieu of the contemplated reduction of any regular position. 3. The subject Employee, with the least classification seniority in the classification affected within a department or division shall be the first to be laid off provided the Employee(s) remaining have the ability to perform the work available. 4. The subject Employee shall be transferred to a vacancy in his/her classification in his/her division or department, if such exists. 5. If such does not exist, the subject Employee shall be transferred to a vacancy in his/her classification in the University, if such exists. 6. If no vacancies exist within the subject Employee's classification, he/she shall displace the lowest classification seniority person in his/her classification in the University, if he/she has higher seniority in the classification than the displaced Employee. 7. If 4, 5, and 6 above do not provide employment, the subject Employee shall be transferred to a vacancy in the next lower level of his/her classification sequence in the department or division, if such exists. "Classification sequence" shall be defined as classifications with identical titles, but varying degrees of responsibility, (e.g., Administrative Assistant I, Administrative Assistant II, etc.). 8. If such does not exist, the subject Employee shall be transferred to a vacancy in the next lower level of his/her classification sequence in the University, if such exists. 9. If no vacancies exist within the next lower level of the subject Employee's classification sequence, he/she shall displace the lowest classification seniority person in the next lower level in his/her classification sequence in the University, if he/she has higher bargaining unit seniority than the displaced Employee. 10. Any Employee who refuses employment offered by the University in the same or next lower level of his/her classification sequence in accordance with the above provisions shall be considered a voluntary termination. 11. If 8 or 9 above does not provide employment, the subject Employee shall displace the least senior Employee in the job groupings (see Appendix B) provided he/she has the qualifications and ability to perform the work. The position must be at a salary range equal to or lower than the Employee's former position (see Appendix DA). The "least senior" Employee is defined as the Employee with the least seniority in the bargaining unit. 12. An Employee subject to layoff, to whom the University does not offer employment in accordance with the above provisions, may apply for any job vacancy in the bargaining unit for which he/she believes himself/herself to be qualified; and he/she will be transferred by the University to the position if he/she possesses the qualifications and the ability to perform the duties of the available position and if such a transfer does not interfere with the seniority rights of any other bargaining unit Employee under the provisions of this Agreement. 13. A displaced Employee with higher bargaining unit seniority may displace a lower seniority Employee in the lowest level of a classification sequence who is at the same salary range or lower in the bargaining unit. The Employee must have the qualifications and present ability to perform the duties of the position. 14. Any Employee who cannot be placed under the provisions of 11, 12 and 13 above shall be given preferential consideration for suitable vacancies within the University for which they are qualified and which they have the ability to perform prior to the University hiring new personnel, provided such consideration does not conflict with any provision of any other collective bargaining agreement entered into by the University. 15. Any Employee who does not exercise his/her seniority in filling a position as provided for in 11, 12, 13 and 14 above, shall be placed on layoff and shall be subject to recall in accordance with the recall provisions of this Article. 16. In the event an Employee is, under the provisions of this Article, transferred or recalled to a position in the classification from which he/she was laid off, or to a position in another classification at the same salary grade, the Employee shall be paid at the same rate he/she was receiving prior to the layoff. "Same rate" shall be defined as the same salary rate plus any across-the-board increases provided to the salary grade if the Employee is recalled to the same grade or the same step or relative position within the merit range if the Employee is recalled to a lower grade. In the event the Employee is, under the provisions of this Article, transferred or recalled to a position in a classification at a salary grade lower than that of his/her previous classification, the Employee shall be paid at the salary level (step) closest to, but not higher than, his/her previous salary, and not higher than the maximum in the new classification. 17. A transfer or layoff shall not result in a reduction of total University service or of bargaining unit seniority.

Appears in 1 contract

Samples: Collective Agreement

REDUCTION OF WORK FORCE AND RECALL. A. Reduction of Work Force and Recall In the event it should become necessary to reduce the number of Employees in the bargaining unit, or to formally discontinue a University position to which a P&A/UAW member is assigned, the University agrees to provide written notice to the Employee and the Union at least thirty (30) days prior to the actual reduction, except in instances of unusual or extenuating circumstances. It is understood, however, that an Employee who receives such notice must respond to the University within five (5) days indicating whether the Employee will accept appropriate employment if available under the work force reduction procedure. If the Employee's acceptance of such work results in the layoff of another Employee, that Employee shall receive as much notice of layoff as is possibleat least ten (10) calendar days notice. In the event of layoff, the University shall meet with the Union, on request, prior to the contemplated reduction to review how the reduction will be accomplished. Employees who have attained a disciplinary record of at least a 3 Day Suspension, shall not be eligible for initial displacement during unit reorganization. The subject discipline must have been issued at least 60 days prior to the issuance of the contractual 30 day minimum written notice. In an effort to provide that Employees with the least seniority are the first to be subject to any necessary work force reduction, the following order of layoff will be implemented: 1. In order for any transfer or recall to take place per the following provisions, the subject Employee must have the qualifications and the ability to perform the duties of the available position. An Employee placed into a position under the provisions of this Article may be subject to the ninety (90) day job qualifying period. If an Employee is subject to such a qualifying period, both the Employee and the Union shall be notified as to the Employee's performance. There shall be a minimum of two (2) progress reports within the ninety (90) day period. The first report must be done midway through the period and the second report must be done prior to the expiration of the ninety (90) day qualifying period. To aid placement efforts, the Employee shall be notified, via the final progress report, of his/her successful completion of the job qualifying period or disqualification for the subject position, at least ten (10) business days prior to the expiration of the ninety (90) day job qualifying period. Any Employee subject to the job qualifying period and disqualified within the ninety (90) day period shall continue to exercise seniority under the provisions of this Article. 2. Employees who have not completed the probationary period will be the first laid off within the affected classification in the department or division where reductions are deemed necessary. Any "temporary" position in a classification represented by the Union for possible elimination in lieu of the contemplated reduction of any regular position. 3. The subject Employee, with the least classification seniority in the classification affected within a department or division shall be the first to be laid off provided the Employee(s) remaining have the ability to perform the work available. 4. The subject Employee shall be transferred to a vacancy in his/her classification in his/her division or department, if such exists. 5. If such does not exist, the subject Employee shall be transferred to a vacancy in his/her classification in the University, if such exists. 6. If no vacancies exist within the subject Employee's classification, he/she shall displace the lowest classification seniority person in his/her classification in the University, if he/she has higher seniority in the classification than the displaced Employee. 7. If 4, 5, and 6 above do not provide employment, the subject Employee shall be transferred to a vacancy in the next lower level of his/her classification sequence in the department or division, if such exists. "Classification sequence" shall be defined as classifications with identical titles, but varying degrees of responsibility, (e.g., Administrative Assistant I, Administrative Assistant II, etc.). 8. If such does not exist, the subject Employee shall be transferred to a vacancy in the next lower level of his/her classification sequence in the University, if such exists. 9. If no vacancies exist within the next lower level of the subject Employee's classification sequence, he/she shall displace the lowest classification seniority person in the next lower level in his/her classification sequence in the University, if he/she has higher bargaining unit seniority than the displaced Employee. 10. Any Employee who refuses employment offered by the University in the same or next lower level of his/her classification sequence in accordance with the above provisions shall be considered a voluntary termination. 11. If 8 or 9 above does not provide employment, the subject Employee shall displace the least senior Employee in the job groupings provided he/she has the qualifications and ability to perform the work. The position must be at a salary range equal to or lower than the Employee's former position (see Appendix D). The "least senior" Employee is defined as the Employee with the least seniority in the bargaining unit. 12. An Employee subject to layoff, to whom the University does not offer employment in accordance with the above provisions, may apply for any job vacancy in the bargaining unit for which he/she believes himself/herself to be qualified; and he/she will be transferred by the University to the position if he/she possesses the qualifications and the ability to perform the duties of the available position and if such a transfer does not interfere with the seniority rights of any other bargaining unit Employee under the provisions of this Agreement. 13. A displaced Employee with higher bargaining unit seniority may displace a lower seniority Employee in the lowest level of a classification sequence who is at the same salary range or lower in the bargaining unit. The Employee must have the qualifications and present ability to perform the duties of the position. 14. Any Employee who cannot be placed under the provisions of 11, 12 and 13 above shall be given preferential consideration for suitable vacancies within the University for which they are qualified and which they have the ability to perform prior to the University hiring new personnel, provided such consideration does not conflict with any provision of any other collective bargaining agreement entered into by the University. 15. Any Employee who does not exercise his/her seniority in filling a position as provided for in 11, 12, 13 and 14 above, shall be placed on layoff and shall be subject to recall in accordance with the recall provisions of this Article. 16. In the event an Employee is, under the provisions of this Article, transferred or recalled to a position in the classification from which he/she was laid off, or to a position in another classification at the same salary grade, the Employee shall be paid at the same rate he/she was receiving prior to the layoff. "Same rate" shall be defined as the same salary rate plus any across-the-board increases provided to the salary grade if the Employee is recalled to the same grade or the same step or relative position within the merit range if the Employee is recalled to a lower grade. In the event the Employee is, under the provisions of this Article, transferred or recalled to a position in a classification at a salary grade lower than that of his/her previous classification, the Employee shall be paid at the salary level (step) closest to, but not higher than, his/her previous salary, and not higher than the maximum in the new classification. 17. A transfer or layoff shall not result in a reduction of total University service or of bargaining unit seniority.

Appears in 1 contract

Samples: Collective Agreement

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REDUCTION OF WORK FORCE AND RECALL. A. Reduction of Work Force and Recall In the event it should become necessary to reduce the number of Employees in the bargaining unit, or to formally discontinue a University position to which a P&A/UAW member is assigned, the University agrees to provide written notice to the Employee and the Union at least thirty (30) days prior to the actual reduction, except in instances of unusual or extenuating circumstances. It is understood, however, that an Employee who receives such notice must respond to the University within five (5) days indicating whether the Employee will accept appropriate employment if available under the work force reduction procedure. If the Employee's acceptance of such work results in the layoff of another Employee, that Employee shall receive as much notice of layoff as is possibleat least ten (10) calendar days notice. In the event of layoff, the University shall meet with the Union, on request, prior to the contemplated reduction to review how the reduction will be accomplished. Employees who have attained a disciplinary record of at least a 3 Day Suspension, shall not be eligible for initial displacement during unit reorganization. The subject discipline must have been issued at least 60 days prior to the issuance of the contractual 30 day minimum written notice. In an effort to provide that Employees with the least seniority are the first to be subject to any necessary work force reduction, the following order of layoff will be implemented: 1. In order for any transfer or recall to take place per the following provisions, the subject Employee must have the qualifications and the ability to perform the duties of the available position. An Employee placed into a position under the provisions of this Article may be subject to the ninety (90) day job qualifying period. If an Employee is subject to such a qualifying period, both the Employee and the Union shall be notified as to the Employee's performance. There shall be a minimum of two (2) progress reports within the ninety (90) day period. The first report must be done midway through the period and the second report must be done prior to the expiration of the ninety (90) day qualifying period. Any Employee subject to the job qualifying period and disqualified within the ninety (90) day period shall continue to exercise seniority under the provisions of this Article. 2. Employees who have not completed the probationary period will be the first laid off within the affected classification in the department or division where reductions are deemed necessary. Any "temporary" position in a classification represented by the Union for possible elimination in lieu of the contemplated reduction of any regular position. 3. The subject Employee, with the least classification seniority in the classification affected within a department or division shall be the first to be laid off provided the Employee(s) remaining have the ability to perform the work available. 4. The subject Employee shall be transferred to a vacancy in his/her classification in his/her division or department, if such exists. 5. If such does not exist, the subject Employee shall be transferred to a vacancy in his/her classification in the University, if such exists. 6. If no vacancies exist within the subject Employee's classification, he/she shall displace the lowest classification seniority person in his/her classification in the University, if he/she has higher seniority in the classification than the displaced Employee. 7. If 4, 5, and 6 above do not provide employment, the subject Employee shall be transferred to a vacancy in the next lower level of his/her classification sequence in the department or division, if such exists. "Classification sequence" shall be defined as classifications with identical titles, but varying degrees of responsibility, (e.g., Administrative Assistant I, Administrative Assistant II, etc.). 8. If such does not exist, the subject Employee shall be transferred to a vacancy in the next lower level of his/her classification sequence in the University, if such exists. 9. If no vacancies exist within the next lower level of the subject Employee's classification sequence, he/she shall displace the lowest classification seniority person in the next lower level in his/her classification sequence in the University, if he/she has higher bargaining unit seniority than the displaced Employee. 10. Any Employee who refuses employment offered by the University in the same or next lower level of his/her classification sequence in accordance with the above provisions shall be considered a voluntary termination. 11. If 8 or 9 above does not provide employment, the subject Employee shall displace the least senior Employee in the job groupings (see Appendix B) provided he/she has the qualifications and ability to perform the work. The position must be at a salary range equal to or lower than the Employee's former position (see Appendix DA). The "least senior" Employee is defined as the Employee with the least seniority in the bargaining unit. 12. An Employee subject to layoff, to whom the University does not offer employment in accordance with the above provisions, may apply for any job vacancy in the bargaining unit for which he/she believes himself/herself to be qualified; and he/she will be transferred by the University to the position if he/she possesses the qualifications and the ability to perform the duties of the available position and if such a transfer does not interfere with the seniority rights of any other bargaining unit Employee under the provisions of this Agreement. 13. A displaced Employee with higher bargaining unit seniority may displace a lower seniority Employee in the lowest level of a classification sequence who is at the same salary range or lower in the bargaining unit. The Employee must have the qualifications and present ability to perform the duties of the position. 14. Any Employee who cannot be placed under the provisions of 11, 12 and 13 above shall be given preferential consideration for suitable vacancies within the University for which they are qualified and which they have the ability to perform prior to the University hiring new personnel, provided such consideration does not conflict with any provision of any other collective bargaining agreement entered into by the University. 15. Any Employee who does not exercise his/her seniority in filling a position as provided for in 11, 12, 13 and 14 above, shall be placed on layoff and shall be subject to recall in accordance with the recall provisions of this Article. 16. In the event an Employee is, under the provisions of this Article, transferred or recalled to a position in the classification from which he/she was laid off, or to a position in another classification at the same salary grade, the Employee shall be paid at the same rate he/she was receiving prior to the layoff. "Same rate" shall be defined as the same salary rate plus any across-the-board increases provided to the salary grade if the Employee is recalled to the same grade or the same step or relative position within the merit range if the Employee is recalled to a lower grade. In the event the Employee is, under the provisions of this Article, transferred or recalled to a position in a classification at a salary grade lower than that of his/her previous classification, the Employee shall be paid at the salary level (step) closest to, but not higher than, his/her previous salary, and not higher than the maximum in the new classification. 17. A transfer or layoff shall not result in a reduction of total University service or of bargaining unit seniority.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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