Common use of Role of Seniority in Lay-Offs Clause in Contracts

Role of Seniority in Lay-Offs. (a) Both parties recognize that job security shall increase in proportion to length of service. However, if the Employer lays off a senior employee and they desire to bump, they shall notify the Employer within ten (10) calendar days of receiving their notice of their first, second and third choices of positions that they wish to bump and are qualified to fill. Notwithstanding the above, if the employer provides more than ten (10) calendar days notice of layoff pursuant to Article 16.06, the employee’s decision and notice to the employer may be postponed until no less than ten (10) calendar days prior to the actual layoff occurring. Such employee may bump any employee with less seniority provided they are qualified to perform the duties of the less senior employee. An employee shall not be required to bump an employee with fewer hours of work than the laid-off employee held. Any employee displaced by the exercise of another employee’s bumping rights may similarly look to bump. If the Employer lays off a senior employee, notice will be posted on each work area bulletin board within one (1) day advising of the lay off and listing all positions of less seniority which may be affected because of the layoff. All bumped employees will be given a maximum of five calendar days from the date of notification to notify the Employer of their first, second and third choices of positions they are qualified to fill. The Employer will then exercise their rights to determine whether the employee is qualified for the selected positions. Each employee, on a seniority basis, will then meet with the Employer and the Union and they will be notified at that time of which position of their choice they will be moving to. Forms will be utilized by the Employer and the affected employees for completion of this process. A failure by the employee to turn in the form shall be a deemed election not to bump but to instead go to the recall list. (b) If a regular full-time employee has no full-time position to bump into, such employee shall, providing the scheduling of hours of work will accommodate and the employee is qualified, be allowed to bump 2 regular part-time and/or part-time positions to attain, as near as possible, full hours of work in a day. Such employee shall retain all benefits of the Collective Agreement and as enumerated in Article 29, providing the employee is working 75% or more of the full-time hours.

Role of Seniority in Lay-Offs. (a) Both parties recognize that job security shall increase in proportion to length of service. HoweverIn the event of a lay-off, if an employee may exercise the Employer lays off following options: a) In the event that an employee has received a senior employee and they desire to bump, they shall notify the Employer within ten (10) calendar days of receiving their notice of their first, second and third choices of positions that they wish to bump and are qualified to fill. Notwithstanding lay-off the above, if following procedure will apply in the employer provides more than ten (10following sequence: i) calendar days If at the time the employee receives a notice of layoff pursuant to Article 16.06there is a vacancy in the same classification, with equivalent status within the site at the time the employee received said notice of lay-off, the employee’s decision and notice to the employer may be postponed until no less than ten (10) calendar days prior to the actual layoff occurring. Such said employee may bump any elect to accept that position provided that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff. ii) If at the time the employee receives a notice of xxxxxx, there are no vacant position(s) in the classification, with equivalent status within the site at the time the employee received said notice of lay-off, the said employee may elect to displace another employee at the same site with lesser seniority who is in a position within the same classification, with equivalent status, provided the employee who received said notice of lay-off and who elects to so exercise displacement rights has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation or accept the layoff. iii) If at the time the employee receives a notice of layoff there is a vacancy in the same classification, with equivalent status within the bargaining unit at the time the employee received said notice of lay-off, the said employee may elect to accept that vacant position provided that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff. iv) If at the time the employee receives a notice of xxxxxx, and the said employee does not have the ability to fill a position within the bargaining unit as outlined in (a)(i) above, and the employee does not have the ability to displace an employee in the same site as outlined in (a)(ii), and the employee does not have the ability to fill a vacant position within the bargaining unit as outlined in (a)(iii) above, the said employee may elect to displace another. employee with less lesser seniority who is in a position within the same classification, with equivalent or lower status within the bargaining unit provided they are qualified the said employee has the knowledge, ability and qualifications to perform meet the duties normal requirements of the less senior employee. job with no additional training required, other than a general orientation, or accept lay-off. b) An employee who chooses to exercise the right to displace another employee with lesser seniority shall not be required advise the Employer of his/her intention to bump do so and the position claimed within three (3) working days after receiving the notice of lay-off. c) In the event that an employee with fewer hours of work chooses to exercise displacement rights as outlined in clauses (a) (ii) or (a) (iii) above where there is more than the laid-off employee held. Any employee displaced by the exercise of another employee’s bumping rights may similarly look to bump. If the Employer lays off a senior employee, notice will be posted on each work area bulletin board within one (1) day advising incumbent the location where the employee elects to exercise displacement rights, the said employee shall displace the least senior employee at that location in that job classification, with the applicable status provided the said employee has the knowledge, ability and qualifications to meet the normal requirements of the lay job with no additional training required, other than a general orientation. d) An employee displaced by operation of clause (a) (ii) or (a) (iii) above shall be deemed to have been laid off and listing all positions shall be deemed to have notice of less seniority which may be affected because of the layoff. All bumped employees will be lay-off once notice has been given a maximum of five calendar days from the date of notification to notify the Employer of their first, second and third choices of positions they are qualified to fill. The Employer will then exercise their rights to determine whether the employee is qualified for the selected positions. Each employee, on a seniority basis, will then meet with the Employer and the Union and they will be notified at that time of which position of their choice they will be moving to. Forms will be utilized by the Employer and the affected employees for completion of this process. A failure by the employee to turn in the form shall be a deemed election not to bump but to instead go to the recall listclause (a) above. e) It is understood that employees cannot exercise displacement rights so as to improve their job status (b) If a regular e.g. move from part-time to full-time employee has no fullor by moving to a higher-time position to bump into, such employee shall, providing paying position) through the scheduling of hours of work will accommodate and displacement-procedures initiated by a lay-off. f) It is understood that employees retain their seniority when they move within the employee is qualified, be allowed to bump 2 regular part-time and/or part-time positions to attain, as near as possible, full hours of work in a day. Such employee shall retain all benefits of the Collective Agreement and as enumerated in Article 29, providing the employee is working 75% or more of the full-time hoursbargaining unit.

Role of Seniority in Lay-Offs. (a) Both parties recognize that job security shall increase in proportion to length of service. HoweverIn the event of a lay-off, if an employee may exercise the Employer lays off following options: a) In the event, that an employee has received a senior employee and they desire to bump, they shall notify the Employer within ten (10) calendar days of receiving their notice of their first, second and third choices of positions that they wish to bump and are qualified to fill. Notwithstanding lay-off the above, if following procedure will apply in the employer provides more than ten (10following sequence: i) calendar days If at the time the employee receives a notice of layoff pursuant to Article 16.06there is a vacancy in the same classification, with equivalent status within the site at the time the employee received said notice of lay-off, the employee’s decision and notice to the employer may be postponed until no less than ten (10) calendar days prior to the actual layoff occurring. Such said employee may bump any elect to accept that position provided, that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff. ii) If at the time the employee receives a notice of xxxxxx, there are no vacant position(s) in the classification, with equivalent status within the site at the time the employee received said notice of lay-off, the said employee may elect to displace another employee at the same site with lesser seniority who is in a position within the same classification, with equivalent status, provided the employee who received said notice of lay-off and who elects to so exercise displacement rights has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation or accept the layoff. iii) If at the time the employee receives a notice of layoff there is a vacancy in the same classification, with equivalent status within the bargaining unit at the time the employee received said notice of lay-off, the said employee may elect to accept that vacant position provided, that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff. iv) If at the time the employee receives a notice of xxxxxx, and the said employee does not have the ability to fill a position within the bargaining unit as outlined in (a)(i) above, and the employee does not have the ability to displace an employee in the same site as outlined in (a)(ii), and the employee does not have the ability to fill a vacant position within the bargaining unit as outlined in (a)(iii) above, the said employee may elect to displace another. employee with less lesser seniority who is in a position within the same classification, with equivalent or lower status within the bargaining unit provided they are qualified the said employee has the knowledge, ability and qualifications to perform meet the duties normal requirements of the less senior employee. job with no additional training required, other than a general orientation, or accept lay-off. b) An employee who chooses to exercise the right to displace another employee with lesser seniority shall not be required advise the Employer of his/her intention to bump do so and the position claimed within three (3) working days after receiving the notice of lay-off. c) In the event that an employee with fewer hours of work chooses to exercise displacement rights as outlined in clauses (a) (ii) or (a) (iii) above where there is more than the laid-off employee held. Any employee displaced by the exercise of another employee’s bumping rights may similarly look to bump. If the Employer lays off a senior employee, notice will be posted on each work area bulletin board within one (1) day advising incumbent the location where the employee elects to exercise displacement rights, the said employee shall displace the least senior employee at that location in that job classification, with the applicable status provided the said employee has the knowledge, ability and qualifications to meet the normal requirements of the lay job with no additional training required, other than a general orientation. d) An employee displaced by operation of clause (a) (ii) or (a) (iii) above shall be deemed to have been laid off and listing all positions shall be deemed to have notice of less seniority which may be affected because of the layoff. All bumped employees will be lay-off once notice has been given a maximum of five calendar days from the date of notification to notify the Employer of their first, second and third choices of positions they are qualified to fill. The Employer will then exercise their rights to determine whether the employee is qualified for the selected positions. Each employee, on a seniority basis, will then meet with the Employer and the Union and they will be notified at that time of which position of their choice they will be moving to. Forms will be utilized by the Employer and the affected employees for completion of this process. A failure by the employee to turn in the form shall be a deemed election not to bump but to instead go to the recall listclause (a) above. e) It is understood that employees cannot exercise displacement rights so as to improve their job status (b) If a regular e.g. move from part-time to full-time employee has no fullor by moving to a higher-time position to bump into, such employee shall, providing paying position) through the scheduling of hours of work will accommodate and the employee displacement-procedures initiated by a lay-off. f) It is qualified, be allowed to bump 2 regular part-time and/or part-time positions to attain, as near as possible, full hours of work in a day. Such employee shall understood that employees retain all benefits of the Collective Agreement and as enumerated in Article 29, providing the employee is working 75% or more of the full-time hours.their seniority when they move within the

Role of Seniority in Lay-Offs. (a) 14.01 Both parties recognize that job security shall increase in proportion to length of service. HoweverTherefore, if in the event of a lay-off, employees shall be laid off in the reverse order to the bargaining-classification-wide seniority provided they can adequately perform the work available. 14.02 Employees shall be recalled in the order of seniority provided they can adequately perform the work available. 14.03 No new employees shall be hired until those laid off have been given an opportunity of recall, subject to job requirement. 14.04 The Employer lays off a senior employee and they desire to bump, they shall notify the Employer within employees who are to be laid off ten (10) calendar days of receiving their notice of their first, second and third choices of positions that they wish to bump and are qualified to fill. Notwithstanding the above, if the employer provides more than ten (10) calendar days notice of layoff pursuant to Article 16.06, the employee’s decision and notice to the employer may be postponed until no less than ten (10) calendar working days prior to the actual layoff occurringeffective date of lay-off. Such If the employee may bump has not had the opportunity to work the days as provided in this Article, he shall be paid for the days for which work was not made available. 14.05 In order that the operations of the Union will not become disorganized when lay-offs are made, members of the Local Executive Board and Chief Xxxxxxx shall be the last persons laid off during their term of office, subject to job requirement. 14.06 The Employer agrees to pay its portion of premiums for all employee benefit plans for employees laid off for a period of less than four (4) calendar months. In the event of a longer lay-off, employees so affected shall have the right to continue receiving coverage through direct payments where allowable. 14.07 Grievances concerning lay-offs and recalls shall be initiated at Step 3 of the grievance procedure. 14.08 Subject to Article 1.07, regular employees, when lay-off occurs, will have the right to bump, bargaining-unit-wide, any employee with less seniority provided seniority, providing they are qualified to can adequately perform the duties job. The temporary employees, when lay-off occurs, will have the right to bump, bargaining-unit-wide, any temporary employee with less seniority, providing they can adequately perform the job. 14.09 Should the Employer require a reduction of hours that would result in a twelve percent (12%) or more reduction of the less senior employee. An employee shall not be required to bump an employee with fewer incumbent’s hours as of work than the laid-off employee held. Any employee displaced by the exercise of another employee’s bumping rights may similarly look to bump. If the Employer lays off a senior employeeJanuary 1, notice will be posted on each work area bulletin board within one (1) day advising of the lay off and listing all positions of less seniority which may be affected because of the layoff. All bumped employees will be given a maximum of five calendar days from the date of notification to notify the Employer of their first1992, second and third choices of positions they are qualified to fill. The Employer will then exercise their rights to determine whether the employee is qualified for has the selected positions. Each employee, on a seniority basis, will then meet with following options: (a) accept the Employer reduction and the Union and they will be notified at that time of which position of their choice they will be moving to. Forms will be utilized by the Employer and the affected employees for completion of this process. A failure by the employee to turn remain in the form shall be a deemed election not to bump but to instead go to the recall list.position (b) If a regular full-time employee has no full-time position have the right to exercise his seniority to bump into, such employee shall, providing the scheduling of hours of work will accommodate as per Article 14.08 and the employee is qualified, be allowed to bump 2 regular part-time and/or part-time positions to attain, as near as possible, full hours of work in a day. Such employee shall retain all benefits of the Collective Agreement and as enumerated in Article 29, providing the employee is working 75% or more of the full-time hours14.

Role of Seniority in Lay-Offs. (a) Both parties recognize that job security shall increase in proportion to length of service. HoweverIn the event of a lay-off, if an employee may exercise the Employer lays off following options: a) In the event, that an employee has received a senior employee and they desire to bump, they shall notify the Employer within ten (10) calendar days of receiving their notice of their first, second and third choices of positions that they wish to bump and are qualified to fill. Notwithstanding lay-off the above, if following procedure will apply in the employer provides more than ten (10following sequence: i) calendar days If at the time the employee receives a notice of layoff pursuant to Article 16.06there is a vacancy in the same classification, with equivalent status within the site at the time the employee received said notice of lay-off, the employee’s decision and notice to the employer may be postponed until no less than ten (10) calendar days prior to the actual layoff occurring. Such said employee may bump any elect to accept that position provided that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff. ii) If at the time the employee receives a notice of layoff, there are no vacant position(s) in the classification, with equivalent status within the site at the time the employee received said notice of lay-off, the said employee may elect to displace another employee at the same site with lesser seniority who is in a position within the same classification, with equivalent status, provided the employee who received said notice of lay-off and who elects to so exercise displacement rights has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation or accept the layoff. iii) If at the time the employee receives a notice of layoff there is a vacancy in the same classification, with equivalent status within the bargaining unit at the time the employee received said notice of lay-off, the said employee may elect to accept that vacant position provided that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff. iv) If at the time the employee receives a notice of xxxxxx, and the said employee does not have the ability to fill a position within the bargaining unit as outlined in (a)(i) above, and the employee does not have the ability to displace an employee in the same site as outlined in (a)(ii), and the employee does not have the ability to fill a vacant position within the bargaining unit as outlined in (a)(iii) above, the said employee may elect to displace another. employee with less lesser seniority who is in a position within the same classification, with equivalent or lower status within the bargaining unit provided they are qualified the said employee has the knowledge, ability and qualifications to perform meet the duties normal requirements of the less senior employee. job with no additional training required, other than a general orientation, or accept lay-off. b) An employee who chooses to exercise the right to displace another employee with lesser seniority shall not be required advise the Employer of his/her intention to bump do so and the position claimed within three (3) working days after receiving the notice of lay-off. c) In the event that an employee with fewer hours of work chooses to exercise displacement rights as outlined in clauses (a) (ii) or (a) (iii) above where there is more than the laid-off employee held. Any employee displaced by the exercise of another employee’s bumping rights may similarly look to bump. If the Employer lays off a senior employee, notice will be posted on each work area bulletin board within one (1) day advising incumbent the location where the employee elects to exercise displacement rights, the said employee shall displace the least senior employee at that location in that job classification, with the applicable status provided the said employee has the knowledge, ability and qualifications to meet the normal requirements of the lay job with no additional training required, other than a general orientation. d) An employee displaced by operation of clause (a) (ii) or (a) (iii) above shall be deemed to have been laid off and listing all positions shall be deemed to have notice of less seniority which may be affected because of the layoff. All bumped employees will be lay-off once notice has been given a maximum of five calendar days from the date of notification to notify the Employer of their first, second and third choices of positions they are qualified to fill. The Employer will then exercise their rights to determine whether the employee is qualified for the selected positions. Each employee, on a seniority basis, will then meet with the Employer and the Union and they will be notified at that time of which position of their choice they will be moving to. Forms will be utilized by the Employer and the affected employees for completion of this process. A failure by the employee to turn in the form shall be a deemed election not to bump but to instead go to the recall listclause (a) above. e) It is understood that employees cannot exercise displacement rights so as to improve their job status (b) If a regular e.g. move from part-time to full-time employee has no fullor by moving to a higher-time position to bump into, such employee shall, providing paying position) through the scheduling of hours of work will accommodate and displacement-procedures initiated by a lay-off. f) It is understood that employees retain their seniority when they move within the employee is qualified, be allowed to bump 2 regular part-time and/or part-time positions to attain, as near as possible, full hours of work in a day. Such employee shall retain all benefits of the Collective Agreement and as enumerated in Article 29, providing the employee is working 75% or more of the full-time hoursbargaining unit.