Reductions in the Workforce. a) Except as hereinafter provided, seniority for the purpose of layoff, recall, promotion and demotion will be applied in the lines of progression annexed hereto. The lines of progression and promotional ladder will not apply to the Trade and Craft group of employees. b) The Union Committee will be notified in advance of any layoff of Bargaining Unit employees. The Company will supply the Union a list of names of employees who are to be laid off. c) Where a reduction in the work force necessitates a layoff from the plant, (other than in 12.07), junior employees will be laid off first by plant seniority and the reduction will function in the following manner. 1) Employees will move down through the reduced lines of progression based on their job seniority. 2) Vacancies created as a result of the layoff will be filled on the basis of job seniority first, and plant seniority second, by an employee with the skill and ability to perform the normal requirements of the job. All Spareman positions will be filled by the application of plant seniority. 3) In order to allow employees to apply their plant seniority, the Company will survey employees who do not have a posting or who do not have enough seniority to remain in their posted job and the employees will submit their preferences for the available positions. 4) During a layoff, employees who have been displaced from their posted job will exercise their job seniority wherever possible to fill vacancies that are expected to extend beyond 45 days. 5) If there is no one available with the necessary experience or demonstrated skill and ability to replace an employee who is to be laid off, junior employees may be retained in their jobs, for a period up to six (6) weeks, while a more senior temporary replacement employee is being trained on his job. When sufficient training is achieved, the junior person will be laid off. An employee assigned to a temporary job as above will remain in the temporary job until his previous job becomes available. He will become the junior person in the specific job with temporary job seniority and be able to advance in the line if the opportunity arises. If the temporary incumbent’s previous job becomes available before a trained replacement returns from layoff, the temporary incumbent may be required to remain in the temporary job for a period of up to six weeks to train a replacement. In such a case he will be paid the higher of the two rates. 6) After two years, if the previous incumbent in the job has not returned from layoff, the previous incumbent shall forfeit any job seniority he previously held. The job, which has been occupied by the temporary replacement, will be posted in accordance with Article 15 of this Collective Agreement subject to the following amendments: (i) If no successful applications are received from seniority employees, the Company will fill the vacancy with the most junior production employee in the plant (ii) If the most junior production employee in the plant, who has been assigned to fill a vacancy as stated above, holds seniority in another job, he will retain the right to return to his former job, with all former seniority intact, should a vacancy in his former job open up. 7) Any vacancy that cannot be filled because of insufficient manpower shall be filled in accordance with article 12. 8) This will only apply as long as the layoff exists. When the layoff is over, employees will return to their previous line of progression as operational requirements necessitate according to their job seniority. d) In the event of a layoff, Trade and Craft employees shall not be subject to the provisions of Article 12.06(c) above, they will be laid off by plant seniority within their own trade group. e) In the event of a workforce reduction apprentices will be considered as one group and reduced within this group by plant seniority, and have access to 12.06 (c) provisions for the purpose of layoff. a) When temporary conditions, such as emergency situations as covered in this Agreement, or a shortage of work, necessitates a departmental shutdown for not more than seven (7) calendar days, seniority provisions will not apply. Before any employee is laid off under this section, he will be given the opportunity according to his plant seniority to perform any available work from and including Job Class seven
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Reductions in the Workforce. a) Except as hereinafter provided, seniority for the purpose of layoff, recall, promotion and demotion will be applied in the lines of progression annexed hereto. The lines of progression and promotional ladder will not apply to the Trade and Craft group of employees.
b) The Union Committee will be notified in advance of any layoff of Bargaining Unit employees. The Company will supply the Union a list of names of employees who are to be laid off.
c) Where a reduction in the work force necessitates a layoff from the plant, (other than in 12.07), junior employees will be laid off first by plant seniority and the reduction will function in the following manner.:
1) Employees will move down through the reduced lines of progression based on their job seniority.
2) Vacancies created as a result of the layoff will be filled on the basis of job seniority first, and plant seniority second, by an employee with the skill and ability to perform the normal requirements of the job. All Spareman positions will be filled by the application of plant seniority.
3) In order to allow employees to apply their plant seniority, the Company will survey employees who do not have a posting or who do not have enough seniority to remain in their posted job and the employees will submit their preferences for the available positions.
4) During a layoff, employees who have been displaced from their posted job will exercise their job seniority wherever possible to fill vacancies that are expected to extend beyond 45 days.
5) If there is no one available with the necessary experience or demonstrated skill and ability to replace an employee who is to be laid off, junior employees may be retained in their jobs, for a period up to six (6) weeks, while a more senior temporary replacement employee is being trained on his job. When sufficient training is achieved, the junior person will be laid off. An employee assigned to a temporary job as above will remain in the temporary job until his previous job becomes available. He will become the junior person in the specific job with temporary job seniority and be able to advance in the line if the opportunity arises. If the temporary incumbent’s previous job becomes available before a trained replacement returns from layoff, the temporary incumbent may be required to remain in the temporary job for a period of up to six weeks to train a replacement. In such a case he will be paid the higher of the two rates.
6) After two years, if the previous incumbent in the job has not returned from layoff, the previous incumbent shall forfeit any job seniority he previously held. The job, which has been occupied by the temporary replacement, will be posted in accordance with Article 15 of this Collective Agreement subject to the following amendments:
(i) If no successful applications are received from seniority employees, the Company will fill the vacancy with the most junior production employee in the plant
(ii) If the most junior production employee in the plant, who has been assigned to fill a vacancy as stated above, holds seniority in another job, he will retain the right to return to his former job, with all former seniority intact, should a vacancy in his former job open up.
7) Any vacancy that cannot be filled because of insufficient manpower shall be filled in accordance with article 12.
8) This will only apply as long as the layoff exists. When the layoff is over, employees will return to their previous line of progression as operational requirements necessitate according to their job seniority.
d) In the event of a layoff, Trade and Craft employees shall not be subject to the provisions of Article 12.06(c) above, they will be laid off by plant seniority within their own trade group.
e) In the event of a workforce reduction apprentices will be considered as one group and reduced within this group by plant seniority, and have access to 12.06 (c) provisions for the purpose of layoff.
a) When temporary conditions, such as emergency situations as covered in this Agreement, or a shortage of work, necessitates a departmental shutdown for not more than seven (7) calendar days, seniority provisions will not apply. Before any employee is laid off under this section, he will be given the opportunity according to his plant seniority to perform any available work from and including Job Class sevenseven (7) down to and including Job Class two (2).
b) The Company will not, however, use a succession of short-term layoffs for the purpose of avoiding the application of seniority. This section will not be applied on any single occasion for more than seven (7) days. In total, this section will not be applied for more than twenty-eight (28) days in any department (the departments for purposes of this provision being (a) steelmaking, (b) bar mill, and (c) structural mill) in any twelve
Appears in 1 contract
Samples: Collective Agreement
Reductions in the Workforce. a) Except as hereinafter provided, seniority for the purpose of layoff, recall, promotion and demotion will be applied in the lines of progression annexed hereto. The lines of progression and promotional ladder will not apply to the Trade and Craft group of employees.
b) The Union Committee will be notified in advance of any layoff of Bargaining Unit employees. The Company will supply the Union a list of names of employees who are to be laid off.
c) Where a reduction in the work force necessitates a layoff from the plant, (other than in 12.07), junior employees will be laid off first by plant seniority and the reduction will function in the following manner.:
1) Employees will move down through the reduced lines of progression based on their job seniority.
2) Vacancies created as a result of the layoff will be filled on the basis of job seniority first, and plant seniority second, by an employee with the skill and ability to perform the normal requirements of the job. All Spareman positions will be filled by the application of plant seniority.
3) In order to allow employees to apply their plant seniority, the Company will survey employees who do not have a posting or who do not have enough seniority to remain in their posted job and the employees will submit their preferences for the available positions.
4) During a layoff, employees who have been displaced from their posted job will exercise their job seniority wherever possible to fill vacancies that are expected to extend beyond 45 days.
5) If there is no one available with the necessary experience or demonstrated skill and ability to replace an employee who is to be laid off, junior employees may be retained in their jobs, for a period up to six (6six(6) weeks, while a more senior temporary replacement employee is being trained on his job. When sufficient training is achieved, the junior person will be laid off. An employee assigned to a temporary job as above will remain in the temporary job until his previous job becomes available. He will become the junior person in the specific job with temporary job seniority and be able to advance in the line if the opportunity arises. If the temporary incumbent’s previous job becomes available before a trained replacement returns from layoff, the temporary incumbent may be required to remain in the temporary job for a period of up to six weeks to train a replacement. In such a case he will be paid the higher of the two rates.
6) After two years, if the previous incumbent in the job has not returned from layoff, the previous incumbent shall forfeit any job seniority he previously held. The job, which has been occupied by the temporary replacement, will be posted in accordance with Article 15 of this Collective Agreement subject to the following amendments:
(i) If no successful applications are received from seniority employees, the Company will fill the vacancy with the most junior production employee in the plant
(ii) If the most junior production employee in the plant, who has been assigned to fill a vacancy as stated above, holds seniority in another job, he will retain the right to return to his former job, with all former seniority intact, should a vacancy in his former job open up.
7) Any vacancy that cannot be filled because of insufficient manpower shall be filled in accordance with article 12.
8) This will only apply as long as the layoff exists. When the layoff is over, employees will return to their previous line of progression as operational requirements necessitate according to their job seniority.
d) In the event of a layoff, Trade and Craft employees shall not be subject to the provisions of Article 12.06(c) above, they will be laid off by plant seniority within their own trade group.
e) In the event of a workforce reduction apprentices will be considered as one group and reduced within this group by plant seniority, and have access to 12.06 (c) provisions for the purpose of layoff.
a) When temporary conditions, such as emergency situations as covered in this Agreement, or a shortage of work, necessitates a departmental shutdown for not more than seven (7) calendar days, seniority provisions will not apply. Before any employee is laid off under this section, he will be given the opportunity according to his plant seniority to perform any available work from and including Job Class sevenseven (7) down to and including Job Class two (2).
b) The Company will not, however, use a succession of short-term layoffs for the purpose of avoiding the application of seniority. This section will not be applied on any single occasion for more than seven (7) days. In total, this section will not be applied for more than twenty-eight (28) days in any department (the departments for purposes of this provision being (a) steelmaking, (b) bar mill, and (c) structural mill) in any twelve
Appears in 1 contract
Samples: Collective Agreement
Reductions in the Workforce. a) Except as hereinafter provided, seniority for the purpose of layoff, recall, promotion and demotion will be applied in the lines of progression annexed hereto. The lines of progression and promotional ladder will not apply Where an employee is displaced from a job due to the Trade and Craft group of employees.
b) The Union Committee will be notified in advance of any layoff of Bargaining Unit employees. The Company will supply the Union a list of names of employees who are to be laid off.
c) Where a reduction in the workforce, and was on a forty (40) hour work force necessitates a layoff from the plantweek, (other than in 12.07), junior employees such employee will be laid off first by plant seniority and provided with the reduction will function option to maintain the forty (40) hour work week for the period of red-circling. The intent of this agreement is to allow such employee the option to maintain his gross weekly salary for the red-circling period as defined in Provision 14.3, Salary, Benefits, Pension, Vacation. The employee must make this election no later than 24 hours after assuming the following manner.
1new position. Yours truly, Xxxxxxx Xxxxxxxx Human Resources Manager Maple Leaf Consumer Foods July 23, 2004 Xxxxxxxxx Foods (the Company) Employees will move down through recently became part of the reduced lines of progression based on their job seniority.
2) Vacancies created as Maple Leaf Foods Inc. corporate group. As a result of this change, employees covered by the layoff Collective Agreement will begin participation in the Maple Leaf Foods Inc. Employees' Retirement Plan 300 (the Maple Leaf Plan) with respect to service on or after May 9, 2004 and will not accrue further service under the Xxxxxxxxx Corporation Pension Plan (0399683) (the SOEA Plan). The Company and the Xxxxxxxxx Office Employees' Association (the SOEA) agree that the Maple Leaf Plan has been amended to provide defined benefits or defined contribution benefits, as applicable, to the employees on the same basis (including the same contribution rates, benefit formulas and disability and early retirement provisions) as provided under the SOEA Plan. The Company agrees that the combined defined benefit or defined contribution benefits, as applicable, that an employee will receive from the SOEA Plan and the Maple Leaf Plan will be filled on the basis of job seniority first, and plant seniority second, by same as the benefits that such an employee would have received under the SOEA Plan if he or she had not commenced participating in the Maple Leaf Plan and instead continued participating in the SOEA Plan. For greater certainty, nothing in the new pension arrangement shall prevent the SOEA from negotiating pension plan improvements, including improvements to the SOEA Plan or Maple Leaf Plan. Effective from May 9, 2004 employees who would have been eligible to join the SOEA Plan under the terms of the SOEA Plan in effect immediately prior to May 9, 2004 will be eligible to participate in the Maple Leaf Plan. The Company and the SOEA agree that if there is a reduction of a significant number of employees who prior to May 9, 2004 participated in the SOEA Plan, or any other event that would give rise to a windup or partial windup of the SOEA Plan, 0 affected SOEA Plan members will receive the grow-in, vesting and other applicable rights in respect of their participation under the Maple Leaf Plan that they would have received if their membership under the SOEA Plan had continued to the date of windup or partial windup, whether or not there is a windup or partial wind up of the Maple Leaf Plan. The Company and the SOEA acknowledge that any surplus in the Maple Leaf Plan arising before May 9, 2004 is in no way attributable to its members or to any part of the Maple Leaf Plan in which its members participate. The participation of SOEA members in the Maple Leaf Plan is without prejudice to any rights that could other-wise be asserted by the members with respect to surplus use and entitlement in the SOEA Plan had their participation in the SOEA Plan continued. These changes comply with the skill and ability to perform the normal requirements Collective Agreement. The provisions of the jobCollective Agreement with respect to pension are not affected by members commencing participation in the Maple Leaf Plan. The Company and the SOEA therefore encourage all employees to complete the Maple Leaf Plan enrolment and beneficiary forms and return them to Human Resources as soon as possible. For the Company: For the SOEA: Xxxxxx X'Xxxxx Art Xxxxxxx LETTER OF UNDERSTANDING # 7 The parties agree to the following criteria in determining Bargaining Unit Status in addition to exclusions found in Provision 1- Scope and Recognition. All Spareman RFE-eligible positions will be filled excluded from the bargaining unit • RFE positions reflect senior management positions acting as a true manager in many of the usual labour relations respects. • The company commits to using good faith and company guidelines in the designation of RFE eligible positions. If the union feels that the organization has abused this criteria for exemptions, the company may be subject to remedies under the Labour Relations Act or a grievance under the Collective Agreement. All Six Sigma Black Belts/Project Managers will be excluded from the bargaining unit • Such positions are deeply involved in project work. Such projects can be related to and inclusive of the employer’s strategy or position in collective bargaining, information gathering in preparation for litigation of labour relations issues, contingency planning, personnel and lay-off decisions and other similar matters pertaining to labour relations and grievance handling between the bargaining unit representative and the employer and are involved in analysis and decision making around highly sensitive strategic decisions such as facility downsizing and closures. In these instances, the projects lead by Black Belts and Project Managers are often in a direct conflict of interest with bargaining unit positions (such as those described above). While not all projects are in direct conflict with bargaining unit positions, information and advice is shared widely between Project Managers and Black Belts, and they regularly rotate project leadership roles. With this in mind, it is appropriate for the application positions to be excluded. The Company agrees to inform and, upon request, meet with the Association with a view to finding joint resolution under the following scenarios: • If functions of plant seniority.
3) In existing positions are unilaterally changed so that a position is taken out of or put into the bargaining unit. • If bargaining unit positions or regular hours are to be reduced in favour of non- bargaining unit positions within the geographic scope of the Collective Agreement. If the parties fail to resolve any concerns, they may utilize the grievance and arbitration procedure in order to allow employees to apply their plant seniorityresolve and matter arising from the interpretation, application, or administration of the Company will survey employees who do not have Collective Agreement. If a posting or who do not have enough seniority to remain in their posted job and the employees will submit their preferences for the available positions.
4) During a layoff, employees who have been displaced from their posted job will exercise their job seniority wherever possible to fill vacancies that are expected to extend beyond 45 days.
5) If there is no one available with the necessary experience or demonstrated skill and ability to replace an employee who position: is to be laid offdesignated as excluded under a Supervisor, junior employees may be retained Manager or equivalent exclusion, but does not have direct reports; is not excluded under provision one; or, is not RFE-eligible; or, is not in their jobs, for a period up 6Sigma the parties will meet to six (6) weeks, while a more senior temporary replacement employee is being trained on his job. When sufficient training is achieved, the junior person will be laid off. An employee assigned conduct an Exclusion Analysis to a temporary job as above will remain in the temporary job until his previous job becomes available. He will become the junior person in the specific job with temporary job seniority and be able to advance in the line determine if the opportunity arises. If position is excluded based on the temporary incumbent’s previous job becomes available before a trained replacement returns from layoff, the temporary incumbent may be required to remain in the temporary job for a period of up to six weeks to train a replacement. In such a case he will be paid the higher of the two rates.
6) After two years, if the previous incumbent in the job has not returned from layoff, the previous incumbent shall forfeit any job seniority he previously held. The job, which has been occupied by the temporary replacement, will be posted in accordance with Article 15 of this Collective Agreement subject to the following amendmentsfollowing:
(i) If no successful applications are received from seniority employees, the Company will fill the vacancy with the most junior production employee in the plant
(ii) If the most junior production employee in the plant, who has been assigned to fill a vacancy as stated above, holds seniority in another job, he will retain the right to return to his former job, with all former seniority intact, should a vacancy in his former job open up.
7) Any vacancy that cannot be filled because of insufficient manpower shall be filled in accordance with article 12.
8) This will only apply as long as the layoff exists. When the layoff is over, employees will return to their previous line of progression as operational requirements necessitate according to their job seniority.
d) In the event of a layoff, Trade and Craft employees shall not be subject to the provisions of Article 12.06(c) above, they will be laid off by plant seniority within their own trade group.
e) In the event of a workforce reduction apprentices will be considered as one group and reduced within this group by plant seniority, and have access to 12.06 (c) provisions for the purpose of layoff.
a) When temporary conditions, such as emergency situations as covered in this Agreement, or a shortage of work, necessitates a departmental shutdown for not more than seven (7) calendar days, seniority provisions will not apply. Before any employee is laid off under this section, he will be given the opportunity according to his plant seniority to perform any available work from and including Job Class seven
Appears in 1 contract
Samples: Collective Agreement
