SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment. 11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction. 11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasons: a. if the employee voluntarily quits his employment; b. if the employee is discharged for a just cause and the discharge is not reversed through the grievance procedure; c. for failure to report to work following a layoff pursuant to the terms of Article 11.07; d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given; e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply; f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein; g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted. 11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations: a. seniority standings of the employees; b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off. 11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff. 11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place. 11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return. 11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasons:
a. a) if the employee voluntarily quits his employment;
b. b) if the employee is discharged for a just cause and the discharge is not reversed through the grievance procedure;
c. c) for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. d) is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. e) is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. f) if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. g) if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. a) seniority standings of the employees;
b. b) ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Agreement, Collective Agreement
SENIORITY AND LAYOFFS. 11.01
Section 1. Bargaining unit seniority is defined as the length of time an employee has been continuously employed by the Employer. Bargaining unit seniority shall apply in the computation and determination of eligibility for all benefits where length of service is a factor pursuant to this Agreement.
Section 2. Wage Grade seniority is defined as the length of service an employee has continuously been employed within a specific wage grade. Wage Grade seniority shall apply in instances of layoff, recall, and vacation preference.
Section 3. Seniority of employees shall accrue, but benefits shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end prorated, during periods of their probationary period and their respective seniority shall be dated back to the date authorized Leaves of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged Absence for a just cause and the discharge is period not reversed through the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for exceed three (3) consecutive working months, and during a period of layoff not to exceed one (1) year.
Section 4. An employee’s seniority shall be lost when he/she terminates voluntarily, is discharged for cause; fails to return following the end of an official leave of absence; is laid off for a period of one (1) year or a period exceeding the length of the employee’s continuous service whichever is less; or fails to return to work from layoff within five (5) days without notifying after being recalled by the Employer, unless a reason satisfactory to the Employer is given;.
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in Section 5. In the event of sickness when the employee has submitted satisfactory evidence of illnessa layoff, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary Probationary employees shall will be laid off first. If further reductions are necessary, the Employer Non‐ Probationary employees shall determine the follow in inverse order of layoff in consultation with their wage grade seniority. In the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees event that a non‐probationary employee is scheduled to perform the work. It is understood and agreed that no employee will be laid off if from one job title and there is a fellow vacancy in another job title in the same or lower wage grade, and for which the employee (or employees) of comparable has the credentials and the ability to satisfactorily perform the job, then that employee shall be offered that vacant position. In the event that a part‐time employee has more seniority than a full‐time employee who is still entitled scheduled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off, the part‐ time employee must accept the full‐time hours to continue to work.
11.05 The Employer shall give Section 6. If the affected employee has been promoted from one wage grade to another within the twelve (112) week's notice months prior to the employees layoff, that employee shall be able to use his/her bargaining unit seniority to bump the least senior employee in the same or lower wage grade.
Section 7. In the event of the need for discontinuance of an entire job title, the affected employees shall be able to utilize their bargaining unit seniority to bump the least senior employee in the same or lower rated wage grade, provided s/he has the skill and ability to satisfactorily perform the job. In the event that a part‐time employee, who is scheduled to be laid off, has more seniority than a full‐time employee, and there are no part‐time jobs available, the part‐time employee must accept the full‐time hours in order to avoid layoff.
11.06 Any appeal Section 8. Recall shall be accomplished in regard the reverse order of the layoff. A part‐time employee on layoff shall have recall rights to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or full‐time position only if they are laid off and who are re-hired or return willing to work within eighteenthose full‐time hours.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classificationscalculated from date of hire. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment. Employees hired on the same date shall be placed on the seniority grid in reverse alphabetical order.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07more than nine (9) consecutive months;
d. is absent from fails to return to work for three within five (35) consecutive working days without notifying workdays after notification to his address on record with the EmployerEmployer or fails to notify the Employer within two (2) workdays of his intention to return.
a. In case of layoffs, unless a reason satisfactory the Employer will give such recognition to the Employer is given;seniority standings of the employees as the continued proper performance of his work will permit. Ability to perform available work being relatively equal, the rule shall prevail that the employee having most seniority shall be laid off last and recalled first.
e. is absent due to layoff or long-term disability, or both, which absence continues for more b. Employees with less than six (6) months, except in ' seniority shall not have the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails right to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offrecall.
11.05 The Employer shall give one One (1) week's notice of layoff shall be given to the employees each employee for each year of the need for seniority to a layoffmaximum of eight (8) weeks notice.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five three (53) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven five (75) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at upon the end completion of their probationary period and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hiring.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07;more than eight (8) consecutive months.
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to a. In case of layoffs the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in shall honour the event seniority of the employees within their classifications. The rule shall prevail that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees having most seniority shall be laid off last and recalled first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;.
b. ability of the employees Employees on layoff may refuse a call in to perform the work. It is understood and agreed that Such employees have no employee will be laid off claim for wages if there is a fellow employee (junior or employees) of comparable seniority who is still entitled to vacation. In such a case part-time driver accepts the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offcall.
11.05 The Employer will provide notice of lay off as provided for under the Employment Standards Act. He will meet with the CLAC Representative and/or the Xxxxxxx one (1) week prior to any actual layoff. The Employer will attempt to layoff on Fridays so that the layoff will come at the end of an Unemployment Insurance week. The Employer shall not be required to give one (1) week's notice to of layoff when equipment failure, shortage of material, or other reasons beyond the employees control of the need for Employer cause a layoffstoppage of operation.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeGrievance Procedure.
11.07 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or . These provisions shall apply between April 15 and November 15. The Employer shall make two (2) telephone calls to the employee and if no arrangements are laid off and who are remade for a return to full-hired or time work, the Employer shall send a letter to the employee’s last known address indicating a return to work within eighteendate. If no definite return to work arrangement is made, the employee shall lose his seniority on the day following the return to work date set out in the letter Upon return to work he shall be placed at the bottom of the seniority list.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and the discharge is not reversed through the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteenseven
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary a sixty (60) days' worked trial period and their respective seniority shall be dated back to the date of beginning of employmenttheir last hiring.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) consecutive months, except in ;
e. fails to return to work after a layoff within seven (7) workdays after notification to his address on record with the event that Employer or fails to notify the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of Employer within two (2) years shall apply;
f. if the employee fails workdays of his intention to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was grantedreturn.
11.04 When a reduction In case of layoffs, the Employer will give such recognition to the seniority standings of the workforce is inevitableemployee as the continued proper performance of his work will permit. Ability to perform available work being relatively equal, probationary employees the rule shall prevail that the employee having most seniority shall be laid off last and recalled first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice of layoff to the employees of and will meet with a Xxxxxxx or a CLAC representative, if he so requests, at least twenty-four (24) hours prior to the need for a layofflayoffs in order to review the layoffs.
11.06 The Employer shall not be required to give one (1) week's notice of layoff when equipment failure or shortage of material cause a stoppage of operation or inclement weather interferes with the Employer's operation.
11.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five three (53) workdays after the layoff took place.
11.07 11.08 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, recalled or make definite arrangements with the Employer to return.
11.08 Employees 11.09 Any employee who terminate their employment or are laid off and who are re-hired or return voluntarily quits the employ of the Employer shall give one
(1) week's notice to work within eighteenthe Employer to enable the Employer to hire adequate replacement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at upon the end completion of their probationary period and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hiring.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07;
d. is absent from work for three more than twelve (312) consecutive working days without notifying the Employer, unless a reason satisfactory to months.
11.04 In case of layoffs the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in shall honour the event seniority of the employees within their classifications. The rule shall prevail that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees having most seniority shall be laid off last and recalled first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's will provide notice of layoff as recognized under the Employment Standards Act. Additional notice may be given. The Employer will attempt to schedule layoffs to commence at the employees beginning of the need for a layoffweek.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeGrievance Procedure.
11.07 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at upon the end completion of their probationary period and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hiring.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07;more than eight (8) consecutive months.
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to a. In case of layoffs the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in shall honour the event seniority of the employees within their classifications. The rule shall prevail that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees having most seniority shall be laid off last and recalled first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;.
b. ability of the employees Employees on layoff may refuse a call in to perform the work. It is understood and agreed that Such employees have no employee will be laid off claim for wages if there is a fellow employee (junior or employees) of comparable seniority who is still entitled to vacation. In such a case part-time driver accepts the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offcall.
11.05 The Employer will provide notice of lay off as provided for under the Employment Standards Act. He will meet with the CLAC Representative and/or the Xxxxxxx one (1) week prior to any actual layoff. The Employer will attempt to layoff on Fridays so that the layoff will come at the end of an Unemployment Insurance week. The Employer shall not be required to give one (1) week's weeks’ notice to of layoff when equipment failure, shortage of material, or other reasons beyond the employees control of the need for Employer cause a layoffstoppage of operation.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeGrievance Procedure.
11.07 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off . These provisions shall apply between April 15 and who are re-hired or return to work within eighteenNovember
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY AND LAYOFFS. 11.01 13.01 Seniority is the ranking of employees in accordance with the length of employment with the Employer within the various job classifications as set out in the seniority list.
13.02 The Employer shall be recognized within their respective trade maintain a seniority list and job classificationsmake a copy available to the Union upon request. New employees shall be placed The Union will inform the Employer of any errors on the seniority list at within ten (10) days after posting, failing which, the end of their probationary period and their respective seniority shall list will be dated back deemed to the date of beginning of employmentbe final.
11.02 Seniority lists, 13.03 An employee’s seniority rights shall cease to exist and the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any terminated employment if an employee:
a) voluntarily quits the employ of the following reasons:
a. if the employee voluntarily quits his employmentEmployer;
b. if the employee b) is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure c) fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employerabsence, unless a justifiable reason satisfactory to the Employer is givenhas been provided;
e. d) is absent due to layoff or long-term disability, or both, which absence continues laid off for a continuous period of more than six twelve (612) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee ;
e) has submitted satisfactory evidence of illness, in which cases been absent without cause or without authorization including retroactive authorization for a period of two (2) years shall applyconsecutive working days;
f. if f) violates the employee fails to report for work upon the termination of an authorized leave of absence, unless terms under which a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted;
g) retires.
11.04 When a reduction 13.04 In case of layoffs, if the workforce ability to perform available work is inevitablerelatively equal, probationary employees seniority shall prevail so that the employee having the highest seniority shall be laid off last and recalled first. If further reductions are necessary.
13.05 When an employee is laid off, the Employer shall determine the order of give layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of employee concerned, as well as to the need for Union.
13.06 If an employee or the Union wishes to file a grievance about a layoff, this shall be done within three (3) working days after the layoff becomes effective.
11.06 Any appeal in regard 13.07 An employee who is recalled to work after a layoff must be taken up under the first step of the grievance procedure hereinafter set forth return to work within five two (52) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when working days if unemployed and within seven (7) workdays when working days if employed elsewhere. An employee employed elsewhere after being recalled, or make definite arrangements with shall notify the Employer of his intent to return within two (2) working days of receipt of the notice of recall. It shall be sufficient for the Employer to returnsend the notice of recall to the employee by registered mail to the employee’s last known address.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 2 contracts
Samples: Collective Agreement, Collective Bargaining Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees Employment rights shall be recognized within their respective trade cease and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasonsbe terminated if he:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) consecutive months, except in the event that the employee ;
e. is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of absent from work for more than two (2) years shall applyconsecutive days, other than a result of sickness or disability, without providing a valid reason acceptable to the Employer. A Doctor’s note may be required to confirm sickness or disability which costs will be borne by the Employer;
f. if is absent for a third occasion of absenteeism without notice or reasonable explanation. The employee will be subject to a one (1) day suspension without pay for the employee fails to report for work upon first and the second such occasion. The third such occasion results in termination of an authorized leave of absence, unless a reason satisfactory to employment.
11.02 When the Employer is givendeems it necessary to reduce the work force, he shall inform the Union on the need for layoffs. When, in the opinion of the Employer and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When Union a reduction of the workforce work force is inevitable, probationary employees shall be laid off firstfirst and in any order. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations; in order of priority:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and ;
b. length of employment of the employees;
c. any other mutually agreed that no layoff method in which an employee will voluntarily accepts a short term layoff.
11.03 In case of layoff, an employee shall be given at least eight (8) hours’ notice or eight (8) hour's pay in lieu thereof.
11.04 Where the Employer must increase the size of his workforce he shall first recall laid off if there employees who have recall rights (i.e. those employees who have passed probation, who have been laid off fewer than six months, are available for recall and who have the ability to perform the work that is a fellow employee available). Such recall shall be guided by the same considerations used to determine order of layoff described in Article 11.02 (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offabove).
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday two workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment 11.06 Any appeal in regard to a layoff or are laid off and who are re-hired recall must be taken up under the first step of the Grievance Procedure hereinafter set for within five (5) workdays after the layoff or return to work within eighteenrecall took place.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY AND LAYOFFS. 11.01 12.01 Seniority is the employee's length of service with the Employer. Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary a three (3) month trial period and their respective seniority shall be dated back to the date of beginning of employmenttheir last hiring.
11.02 12.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his 12.03 Grounds for termination exist and seniority and shall be deemed to have quit rights cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07more than twelve (12) consecutive months;
d. fails to return to work within seven (7) workdays after notification to his address on record with the Employer or fails to notify the Employer within two (2) workdays of his intention to return.
e. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;full workdays, without a justifiable reason for not notifying the employer.
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to 12.04 When the Employer is givendeems it necessary to reduce the working force, he shall consult the Union on the need for layoffs. When, in the opinion of the Employer and is discharged as a result thereofthe Union, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of in the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer and the Union shall jointly determine the order of layoff in consultation with the union layoffs and in doing so, so they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 12.05 Employees who have standing as fifth 5th year apprentices shall have two (2) years to obtain their certificate of qualification for purposes of this article. Failure to obtain the certificate within the two (2) year period shall result in the Apprentice being treated as a Journeyman for purposes of layoffs.
a. The Employer shall give one (1) week's notice of layoff to the employees of and will meet with a Xxxxxxx or a CLAC representative, if he so requests, at least twenty-four (24) hours prior to the need for a layofflayoffs in order to review the layoffs.
11.06 b. The Employer shall not be required to give one (1) week's notice of layoff when equipment failure or shortage of material cause a stoppage of operation or inclement weather interferes with the Employer's operation.
12.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five three (53) workdays after the layoff took place.
11.07 12.08 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, recalled or make definite arrangements with the Employer to return.
11.08 Employees 12.09 Any employee who terminate their employment or are laid off and who are re-hired or return voluntarily quits the employ of the Employer shall give one (1) week's notice to work within eighteenthe Employer to enable the Employer to hire adequate replacement. If the employee does not provide such notice, he shall receive four percent (4%) vacation pay upon termination.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications, and, except as further described in Article 11.03, at the plant to which they are assigned. New employees shall be placed on the appropriate seniority list at upon the end completion of their probationary period and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hiring.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction. There will separate seniority lists for each classification at each plant.
11.03 An employee Notwithstanding the above, the Employer shall lose his abide by the following in respect of seniority and assignment of work at its seasonal plants in Delhi and Guelph. Only employees from the Brantford plant will be considered for temporary positions at the Delhi plant, and only employees from the Cambridge plant shall be deemed considered for temporary positions at the Guelph plant.
a. On or before April 1 each year, the Employer will post a notice at its Brantford and Cambridge plants inviting employees there to have quit apply for temporary positions at the seasonal plants. The posting shall indicate the number and types of trucks that will be required at the seasonal plants for the coming season. The list will include the truck identification number(s), if possible.
b. Drivers may indicate their desire to work at the seasonal plant in writing before April 25th, and the Employer will post notice of its decision on May 1st. The Employer’s decision will be guided by the applicants’ seniority. If there are an insufficient number of applicants, the Employer may transfer employees to the seasonal plant in reverse order of seniority, and subject to an employee’s ability and experience.
c. While the seasonal plants are in operation, the Employer shall maintain separate seniority lists for the classifications at work there. Should a seasonal plant be closed for any period of time, the following reasonsemployees assigned there will return to their rightful place on the seniority list at the plant from which they came.
11.04 Seniority rights shall cease for any employee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07;
d. is absent from work for three more than twelve (312) consecutive working days without notifying the Employer, unless a reason satisfactory to months.
11.05 In case of layoffs the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in shall honour the event seniority of the employees within their classifications. The rule shall prevail that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees having most seniority shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off last and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to returnfirst.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY AND LAYOFFS. 11.01 15.1 It is hereby agreed that the parties hereto recognize and accept the principle of seniority. Seniority of employees shall be recognized defined as the length of service of a staff member within their respective trade and job classificationsthe non-classified staff service at Rhode Island College. New employees Said length of service shall be placed determine the seniority of the staff member. In determining seniority, the staff member's first date of hire in the non-classified staff service at Rhode Island College shall prevail as applicable, unless seniority has been broken. In the event a staff member returns from serving in a non-bargaining unit Council position, the staff member shall retain his/her prior PSA seniority, but not receive a seniority credit for the period of time served in the non-bargaining unit Council position. Staff members hired on the same day shall have their seniority list established by a lottery method acceptable to both parties.
15.2 The principle of seniority shall apply in cases of days off, vacation time, and holiday time at the end departmental level.
a. The principle of their probationary period and their respective seniority shall be dated back apply to layoffs, recalls, and reductions in force, as described below, provided the date of beginning of employmentstaff member(s) retained possess(es) the qualifications and experience to perform the work in accordance with the official job description.
11.02 Seniority lists, b. Any member who is to be laid off shall have the accuracy of which has been agreed right to on behalf of the Union proceed in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of order through the following reasonssteps to identify a position which he/she may "bump"/displace:
a. if 1. Displace the employee voluntarily quits his employmentwith the least seniority in the same position classification and in bargaining unit. If no such position is available;
b. if 2. Displace the employee is discharged for a just cause and with the discharge is not reversed through the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except least seniority in the event that the employee is on Workers' Compensation same pay grade within his/her college division, and in the event of sickness when bargaining unit, for whose position he/she is qualified, if no such position is available;
3. Displace the employee has submitted satisfactory evidence of illnesswith the least seniority in the same pay grade and within the bargaining unit (College-wide) for whose position he/she is qualified, in which cases a period of two (2) years shall applyif no such position is available;
f. if 4. Displace the employee fails to report with the least seniority (within the bargaining unit) in a lower pay grade (In declining order), first within their division and secondly College-wide, for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer whose position he/she is given, and qualified. If no such position is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure hereinavailable;
g. 5. Displace a bargaining unit employee with less seniority in a lower grade position formerly held (the same position) if said position still exists and for which he/she maintained qualification.
c. If an employee utilizes following the above process is only able to displace a leave of absence for purposes other than those for person in a lower pay grade which the leave of absence was granted.
11.04 When involves a reduction in salary, such individual may decline utilization of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union his/her bumping rights and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offretain his/her recall rights.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY AND LAYOFFS. 11.01 13.01 Seniority of employees shall be considered as their length of employment from date of (re)hire and shall be recognized within their respective trade and job classificationson a company-wide basis. New employees shall be placed on the seniority list at upon the end completion of their probationary a total of four (4) months of employment in a two (2) year period and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hiring.
11.02 13.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available provided to the Union for inspection to once annually in April and as requested by the extent reasonably necessary for the Union to ascertain the seniority status of Union.
13.03 Seniority rights shall cease and an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasonsbe terminated if he:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) months, except in the event that the employee consecutive months and has less than three (3) years of seniority;
e. seniority protection for those who have completed (3) years of service from date of hire will be one (1) year;
f. is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of absent from work for more than two (2) years shall apply;
f. if the employee fails consecutive days, other than a result of sickness or disability, without providing a valid reason. Employees are required to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to call the Employer is given, and is discharged as a result thereof, each day that they are sick. A Doctor’s note may be required to confirm sickness or disability which discharge is not reversed through costs will be borne by the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was grantedEmployer.
11.04 13.04 When the Employer deems it necessary to reduce the work force he shall consult with the Union on the need for layoffs. Where a reduction of in the workforce work force is inevitable, probationary employees shall be laid off first. If further reductions are necessaryThereafter, provided that the Employer shall determine retain a competent and efficient work force and provided that the order of layoff in consultation with the union employees affected have substantially equal skill, competence, efficiency, ability and in doing soqualifications, they lay-offs shall be guided determined by seniority so that the following considerations:
a. seniority standings of last hired shall be the employees;
b. ability of first laid off. Provided that the Employer shall retain a competent and efficient work force and provided that the employees to perform affected have substantially equal skill, competence, efficiency, ability and qualifications, recalls shall be determined by seniority so that the work. It is understood and agreed that no employee will be last laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case shall be the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offfirst recalled.
11.05 13.05 The Employer agrees to notify the Union of any recall and layoffs which are out of seniority sequence.
13.06 The Employer shall give one four (14) week's hours notice to the employees of the need for a layoff. In so far as possible layoffs shall take place on Fridays and recalls shall take place on Mondays for EI purposes. The company agrees to issue separation slips at an employee's first layoff date so that they can fulfil their waiting period as soon as possible. Separation slips will be made available at the office two (2) business days after the layoff, if requested by the employee. Otherwise they will be provided with the next pay.
11.06 13.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeGrievance Procedure.
11.07 13.08 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with acceptable to the Employer to return.
11.08 13.09 Employees who terminate their employment or are laid off and who are re-hired or return locally to work within eighteenon an out of town project shall not be entitled to the seniority provisions outlined in Article 13 during their first project. The seniority provisions shall be credited to them, from their original date of hire, once they commence working on a second project.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY AND LAYOFFS. 11.01 a. Seniority of employees shall be recognized within on a bargaining unit basis.
b. Full-time employees will accumulate seniority on the basis of their respective trade and job classificationscontinuous service as of the last day of hire, except as otherwise provided herein. New Part-time employees will accumulate seniority on the basis of one
(1) year’s seniority for each 1850 hours worked as of the last date of hire, except as otherwise provided herein.
c. Hours worked shall be placed defined to mean all hours worked and paid for, hours not worked and paid for by the Employer, hours paid for by WSIB for a period of twenty-four (24) months, and all time off on a Pregnancy/Paternal leave.
d. Seniority shall be used to determine preference for promotion, layoff, etc. Seniority is the ranking of employees in accordance with their length of employment from the last date of hire for vacation purposes.
13.02 The Employer shall maintain a seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be make copies available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdictionevery six (6) months.
11.03 13.03 An employee’s seniority rights shall cease to exist and the employee shall lose his seniority and shall be deemed to have quit for any of the following reasonsterminated employment if an employee:
a. if voluntary quits the employee voluntarily quits his employmentemploy of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon on the termination first day following the expiration of an authorized a leave of absence, unless a justifiable reason satisfactory to the Employer is given;
d. is laid off for a continuous period of more than eighteen (18) months;
e. has been absent for two (2) consecutive working days without having notified the Employer, and unless a justifiable reason is discharged as a result thereof, given;
f. is off work due to an illness or accident which discharge is not reversed through the grievance and arbitration procedure hereinwork related for a period of eighteen (18) months;
g. if is off work due to an employee illness or accident which is work related for a period of twenty-four (24) months;
h. utilizes a leave of absence for purposes purpose other than those for which the leave of absence was granted.
11.04 When a reduction 13.04 In case of the workforce is inevitablelayoffs of more than thirteen (13) weeks, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow in reverse order of seniority within their classification. An employee (or employees) of comparable seniority who is still entitled subject to vacationlayoff shall have the right to either:
a. accept the layoff; or
b. displace the least senior employee in the bargaining unit of a lower or identical paying classification, providing the employee is qualified for and can perform the duties of the lower or identical paying classification without training. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will Such employee so displaced shall be laid off.
11.05 . The Employer decision of the employee to choose a) or b) above shall give one (1) week's notice be given in writing to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return General Manager or her designate within one (1) workday when calendar week following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff.
13.05 Notice of layoff shall be given by the Employer to the employee concerned, as well as to the Union, in accordance with the Employment Standards Act.
a. An employee who is recalled to work after a layoff must return to work within two (2) working days if unemployed and within seven (7) workdays when working days if employed elsewhere. An employee employed elsewhere after being recalled, or make definite arrangements with shall notify the Employer of her intent to return within two (2) working days of receipt of the notice of recall. It shall be sufficient for the Employer to returnmake contact by telephone, failing which the Employer will send a notice by registered mail to the employee’s last known address.
11.08 Employees who terminate their employment or are b. An employee shall be recalled, in order of seniority, to an available opening provided the employee has the ability and qualifications to perform the work.
c. An employee recalled to a different classification than that from which she was laid off and who are re-hired or return off, shall have the right of returning to work the classification she held prior to the layoff if it becomes available within eighteensix (6) months of being recalled.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY AND LAYOFFS. 11.01 12.01 Seniority is the ranking of employees in accordance with their length of employment with the Employer. Seniority shall be recognized within their respective trade determined by last date of hire.
12.02 The Employer shall maintain a seniority list, and, every six months, post the list in the building, and job classifications. New employees provide copies to the Union, and the stewards.
12.03 A new employee shall be placed on the seniority list at upon the end expiration of their his or her probationary period and their respective with seniority shall be dated back to calculated from the date of beginning of employmentlast hiring.
11.02 Seniority lists, 12.04 An employee's seniority rights shall cease to exist and the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any terminated employment if an employee:
a) voluntarily quits the employ of the following reasons:
a. if the employee voluntarily quits his employmentEmployer;
b. if the employee b) is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure c) fails to report to work on the first day following the expiration of a layoff pursuant to leave of absence, unless he or she has received the terms permission of Article 11.07the Employer or has provided the Employer with a satisfactory explanation;
d. d) is laid off for a continuous period of more than twelve (12) months;
e) has been absent from work for three more than two (32) consecutive working days scheduled shifts without notifying having notified the Employer, unless a valid reason satisfactory is given for failure to so notify;
f) retires;
g) is off work due to illness or accident for a period of twelve (12) months. If an employee has been unable to work due to a disability for a continuous period of 12 months, the following applies. The Employer and the Union shall meet near the conclusion of the twelve (12) month period to discuss the continuing absence. The employee shall be given a reasonable opportunity to attend this meeting. If, following these discussions, it is realistic to presume the employee will be able to resume work with the Employer within the reasonable future, employment will continue. If resumption of work is given;
e. is absent due to layoff or long-term disabilitynot a realistic presumption, or both, which absence continues the Employer may conclude the employment relationship by notifying the employee in writing of this decision. Employment may be extended for more than as long as thirty six (636) months, provided it remains realistic to presume the employee will be able to return to employment with the Employer. If that matter comes into question, the parties will review the issue. If an employee is absent from work because of disability, alternate employment, except for rehabilitative purposes, and which alternate employment commences after the employee is absent from work shall be considered a resignation. The above Article shall be interpreted in a manner that is consistent with the event Human Rights Code.
12.05 In case of layoffs, the Employer will recognize the seniority standing of each employee as the continued performance of the work permits. Ability to perform available work being relatively equal, seniority shall prevail so that the employee is on Workers' Compensation and in having the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees highest seniority shall be laid off last and recalled first. If further reductions are necessary, A reduction in the Employer shall determine the order hours of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees work available to perform the work. It an individual part time employee is understood and agreed that no employee will be laid off if there is not a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid lay-off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and the discharge is not reversed through the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteeneighteen (18) months do not have to serve the probationary period and shall be credited with the seniority they had when they left.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. 12.01 New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 12.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee 12.03 Seniority rights shall lose his seniority cease and employment shall be deemed to have quit terminated for any employee who:
a) voluntarily quits the employ of the following reasons:
a. if the employee voluntarily quits his employmentEmployer;
b. if the employee b) is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure c) fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. d) is absent from laid off for a continuous period of more than eight (8) months.
e) or fails to report for work without notice, for three (3) consecutive working days without notifying the Employerdays, unless he provides a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was grantedreasonable explanation.
11.04 12.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer and the Union shall jointly determine the order of layoff in consultation with the union and in doing so, so they shall be guided by the following considerations:
a. a) seniority standings of the employees;
b. b) family circumstances of the employees;
c) demonstrated ability of the employees to perform the available work. It is understood and agreed that no employee will be laid off if ;
d) in the event there is a fellow employee (or employees) of comparable dispute, seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offshall prevail.
11.05 12.05 In the event of a layoff of at least twenty (20) working days, or the removal of a particular classification, the employee(s) directly affected by the layoff may apply prior to the actual layoff for another job classification providing the employee(s) has more seniority and the qualifications, skill and ability to perform the work in that classification.
12.06 The Employer shall give one (1) week's notice of layoff when possible.
12.07 The Employer shall not be required to give one (1) week's notice of layoff when equipment failure, shortage of material, or other reasons beyond the employees control of the need for Employer cause a layoffstoppage of operation.
11.06 12.08 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure Grievance Procedure hereinafter set forth within five (5) workdays work days after the layoff took place.
11.07 12.09 Any employee laid off and recalled for work must return within one (1) workday work day when unemployed and within seven (7) workdays when employed elsewhere elsewhere, after being recalledthe Employer has sent such employee notice of recall by registered mail to his last known address, or make definite arrangements with the Employer to return. It is the responsibility of the employee to advise the Employer of his last address.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying permission from the Employer, unless a Employer and/ or no justifiable reason satisfactory being given to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall applyworking days on any single occasion;
f. if d. fails to return to work within five (5) days after notification to his address on record with the employee Employer (notice sent by the Employer to an employee’s last recorded address shall be sufficient and effective notice.);
e. fails to report for work upon on the termination first day following the expiration of an authorized a leave of absence, unless he has a reason satisfactory acceptable to the Employer Employer; provided that the Employer, in determining whether or not the reason for the employee's failure to report is givenacceptable, and is discharged as will exercise its judgement in a result thereof, which discharge is not reversed through the grievance and arbitration procedure hereinreasonable manner;
g. if f. uses an employee utilizes a approved leave of absence for purposes reasons other than those specified (excluding traditional layoff);
g. is laid off for which the leave a continuous period of absence was grantedmore than twelve (12) consecutive months.
11.04 When a reduction In case of layoffs, the Employer will give such recognition to the seniority standings of the workforce is inevitableemployees as the continued proper performance of his work will permit. Ability to perform available work being relatively equal, probationary employees the rule shall prevail that the employee having most seniority shall be laid off last and recalled first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one three (1) workday when unemployed and within seven (73) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
a. Employees for whom no work is available for three (3) consecutive working days shall, upon request, receive their Record of Employment (XXX). However, the Employer may call employees according to seniority on day to day basis requesting them to report for work when available and if such employees performed such work on an irregular basis, while laid off, such layoff shall not be considered as terminated.
b. If a plant closure is planned and the closure will be greater than two (2) weeks, the Employer will provide employees with a two (2) week written notice of such plant closure. If a plant shutdown is planned for maintenance or repair and the shutdown will be greater than two (2) weeks, the Employer will provide employees with a one (1) week written notice.
11.07 It is understood and agreed when concrete needs to be delivered that mixer drivers will be called in to do the work in order of seniority as outlined in Article 11.02.
11.08 Employees who terminate promoted to supervisory positions or transferred to positions not subject to this agreement will retain their employment seniority after such move and if returned for any reason to their former position in the bargaining unit with a twelve month period, the time served in such other position shall be included in their seniority rating. Such employees shall forfeit all recourse to the grievance procedure whilst employed in a position or are laid off and who are re-hired or return to work within eighteenclassification outside the bargaining unit.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees A. An employee's seniority shall be recognized within their respective trade and job classifications. New employees shall be placed commence on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times s/he is first hired by the Employer Town and shall be available to based on continuous service with the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdictionTown.
11.03 An employee B. Seniority shall lose his seniority govern in layoffs and shall be deemed to have quit for rehiring within a title. In the event any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and laid-off, s/he may exercise their seniority to bump into an equal or lower rated position within the discharge is not reversed through department provided s/he has the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the workduties of the position and provided their seniority is greater than any incumbent. It Excluded from the foregoing shall be those employees in Group A. Group A employees may only bump into a lower rated position within the department provided s/he has the ability to perform the duties of the positions and provided their seniority is understood greater than any incumbent. For purposes of layoff and agreed that no employee will rehiring, the two Town libraries shall be laid off if there is treated as a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offsingle department.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any C. An employee laid off and recalled because of elimination of position shall be entitled to return to the employment of the Town in the position or any other similar position for work must return which s/he is the best qualified applicant as soon as such position again becomes available within twenty-four (24) months of the layoff date; provided that such employee exercises this right within one (1) workday when unemployed month of the position being available. The only obligation of the Town shall be to give to the Union and within seven (7) workdays when employed elsewhere after being recalledto mail to the employee at the last address supplied to the Town, a notice of the availability of the position from which the employee was laid off or make definite arrangements with similar position in the Employer to returnemployee’s former department. An employee who declines a proper offer of recall hereunder shall be removed from the layoff list.
11.08 Employees who terminate their employment X. Xxxxxx shall be defined, for the purposes of this Article, as a termination of a full- time or are laid off and who are repermanent part-hired time employee resulting from the elimination of the employee’s position by the Town or return being displaced by an employee whose position was eliminated. The Town shall notify LIUNA of any intended layoffs as soon as practicable prior to work within eighteenthe notification to any affected employees. An employee subject to layoff, shall receive written notice of such layoff no less than thirty (30) days prior to the effective date of such layoff or pay in lieu thereof.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary a one (1) month trial period and their respective seniority shall be dated back to the date of beginning of employment. Seniority shall be the length of service with the Employer.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence unless he has a justifiable reason;
d. is absent from work laid off for three a continuous period of more than eighteen (318) consecutive working days without notifying months.
11.04 In the Employercase of layoffs, unless a reason satisfactory the Employer will give such recognition to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in seniority standings of the event employees as the continued proper performance of the work will permit. The rule shall prevail that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees having most seniority shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union last and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which recalled first providing he is entitled before others will be laid offable to do the remaining work.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layofflayoff to the Union and will meet with the Union and the Xxxxxxx or Stewards immediately after the giving of such notice to review the situation.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure procedure, hereinafter set forth forth, within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, recalled or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at upon the end completion of their probationary period and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hiring.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07;
d. is absent from work for three more than twelve (312) consecutive working days without notifying the Employer, unless a reason satisfactory to months.
11.04 In case of layoffs the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in shall honour the event seniority of the employees within their classifications. The rule shall prevail that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees having most seniority shall be laid off last and recalled first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's will provide notice of layoff as recognized under the Employment Standards Act. Additional notice may be given. The Employer will attempt to schedule lay-offs to commence at the employees beginning of the need for a layoffweek.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeGrievance Procedure.
11.07 Any employee laid off and recalled for work must return within one four (14) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 a. Seniority is the ranking of employees in accordance with their length of employment since their last date of hire.
b. Seniority for the purpose of vacation entitlement and layoff or recall shall run from the employee's last date of hire.
c. For all other purposes, seniority will be recognized within their respective trade kept by classification, and job classifications. New employees for the purpose of this article, Nursing Aid and Health Care Aid will be considered one classification; also Xxxx I and Xxxx II will be considered one classification.
12.02 The Employer shall be placed on the maintain a seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be make copies available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdictionupon request.
11.03 12.03 An employee's seniority rights shall cease to exist and the employee shall lose his seniority and shall be deemed to have quit for any of the following reasonsterminated employment if an employee:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon on the termination first day following the expiration of an authorized a leave of absence, unless a justifiable reason satisfactory is given;
d. is laid off for a continuous period of more than eighteen (18) months;
e. has been absent for two (2) consecutive working days without having notified the Employer, unless a justifiable reason is given;
f. an employee is absent from work for more than thirty (30) months by reason of illness or other physical disability, or is absent from work for more than thirty (30) months by reason of absence while on WSIB. Prior to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through automatic termination of employees under 12.03 (f) the grievance and arbitration procedure herein;
g. if an employee utilizes a leave company agrees to review the employee’s status beginning at the 24th month of the absence for purposes other than those for which to ensure that any action taken by the leave of absence was grantedcompany complies with the Ontario Human Rights Code.
11.04 When a reduction a. In case of layoffs, the Employer will recognize the seniority standing of each employee as the continued performance of the workforce is inevitablework permits. Ability to perform available work being relatively equal, probationary employees seniority shall prevail so that the employee having the highest seniority shall be laid off last and recalled first. If further reductions are necessary.
b. Should an employee be fully or partially laid off or bumped, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by she has the following considerationsoptions:
a. seniority standings i. displace another employee with lesser seniority, who holds a position of equal or lesser hours in the employees;
b. ability of bargaining unit, provided that the employees employee exercising this right, has the qualifications to perform the work, or;
ii. It is understood and agreed that no employee will choose to be fully laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off with recall rights as per Article 12.07, 12.08 and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled12.09, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteenor;
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary a six (6) month trial period and their respective seniority shall be dated back to the date of beginning of employmenttheir last hiring.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer after a twenty- four (24) hour cooling-off period has elapsed;
b. if the employee is discharged for after a just cause twenty-four (24) hour cooling-off period has elapsed and the such discharge is not reversed through the grievance procedureGrievance Procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) consecutive months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When the Employer deems it necessary to reduce the working force, he shall consult the Union on the need for layoffs. When, in the opinion of the Employer and the Union, a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer and the Union shall jointly determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one two (12) week's notice to the employees of the need for a layofflayoff to the Union, and will meet with the CLAC Representative and the Xxxxxxx immediately after the giving of such notice to review the situation.
11.06 The Employer shall not be required to give one week's notice of layoff when equipment failure shortage of material, or other reasons beyond the control of the Employer cause a stoppage of operation.
11.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure Grievance Procedure hereinafter set forth within five (5) workdays work days after the layoff took place.
11.07 11.08 Any employee laid off and recalled for work must return within one (1) workday work day when unemployed and within seven (7) workdays work days when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. (This article applies only to employees employed by the Employer prior to April 15, 2005)
11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at length of service with the end of their probationary period and their respective seniority shall be Employer dated back to the employee‟s date of beginning of employmenthire. There shall be two (2) separate and distinct seniority lists, one for Journeymen and one for Apprentices. When an Apprentice achieves Journeyman status, his seniority as an Apprentice shall be credited to him as a Journeyman.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedure;
c. for failure fails to report to work on the first (1st) day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) monthsconsecutive months then the employee loses his seniority with this Employer;
e. is laid off for a continuous period of more than one (1) year then the employee shall lose his seniority as outlined in Article 5.03.
11.04 In case of layoffs the Employer will give such recognition to the seniority standings of the employee provided the special skills (i.e., except in the event knowledge of programmable controllers, high voltage splicing, etc.) of someone with less seniority is not essential. The rule shall prevail that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees having most seniority shall be laid off firstlast and recalled first unless he is not able to do the available work. If further reductions are necessaryEmployees in charge of a job shall not be subject to layoff until that job is finished provided the job is within six (6) weeks of completion and the senior employee is able to assume completion of the job. However, the Employer shall determine the order of layoff in consultation with the union and in doing so, they a lower seniority employee benefiting from this clause shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be deemed laid off if there is a fellow the same day as the higher seniority employee (or employees) for the purpose of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offrecall.
11.05 The Employer shall give one (1) week notice of layoff to the employees and will meet with a xxxxxxx or a CLAC representative if he so requests at least twenty-four (24) hours prior to the layoffs in order to review the layoffs.
11.06 The Employer shall not be required to give one
(1) week's notice to of layoff when equipment failure, shortage of material or other reasons beyond the employees control of the need for Employer cause a layoffstoppage of operation.
11.06 11.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 11.08 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, recalled or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are 11.09 In a case where the Employer has more than one
(1) shop within the jurisdiction of this Agreement, seniority as outlined in Article 11 shall apply per shop. If an employee is laid off from one shop of the Employer and who are reobtains work at another shop of the same Employer the provisions pertaining to travel time outlined in Article 15 shall not apply.
11.10 Seniority employees shall have the explicit right to choose layoff as opposed to bumping into residential work.
11.11 An employee hired under the non-hired or return seniority system will be considered a new employee if recalled after three (3) months from the date of his layoff. This article only applies to work within eighteenexisting non-seniority employees and non-seniority employees laid-off for less than three (3) months.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority A. In the event of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their layoffs, all entry probationary period and their respective seniority shall be dated back to the date of beginning of employment.Firefighter Paramedic/EMT shall
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and the discharge is not reversed through the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in B. In the event that the employee is on Workers' Compensation further layoffs are required, such layoffs shall be accomplished by class groups of Firefighter Paramedic/EMT and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory Lieutenant Paramedic/EMT. Notwithstanding anything to the Employer is givencontrary contained in this Agreement, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order number of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is and the class(es) involved. Within the involved class(es), layoffs shall be administered in the following manner:
Section 2: If reduction in force requires the layoff of a fellow Lieutenant Xxxxxxxxx or EMT, the affected employee (or employees) of comparable seniority who is still entitled may, at their option, revert to vacationthe position held prior to their promotion to Lieutenant Xxxxxxxxx/EMT. In such a case If this movement requires further reduction in force, the latter may same shall be required to take up any remaining vacation to which he is entitled before others will be laid offaccomplished in accordance with Section 1 above and the process shall continue through the ranks.
11.05 The Employer Section 3: No new employee shall give one (1) week's notice to be hired until the employees on layoffs have been given an opportunity to return to work at their original seniority date and position, provided, that after one year of layoffs, the need for a layoff.
11.06 Any appeal in regard employee shall cease to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within accrue seniority and reemployment rights shall cease after five (5) workdays after years from the layoff took placedate of the layoffs.
11.07 Any employee laid off Section 4: The Fire Chief shall give written notice to the employees, including the President of the Union, on any proposed layoffs. Such notice shall state the reason of the layoffs and recalled for work must return within one shall be submitted thirty (130) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with calendar days before the Employer to returneffective date of the proposed layoffs unless under emergency situations where notice shall be submitted as soon as possible.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return Section 5: At the discretion of the Fire Chief, preference may be given to work within eighteenthose employees with Paramedic certifications in all groups.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority is the ranking of employees in accordance with the number of hours worked by the employee.
11.02 Overall seniority shall be recognized by the Employer within their the employees' respective trade and job classifications.
11.03 A seniority list will be supplied to the Union and posted on a bulletin board on January 1st and July 1st of each year of this Agreement. New employees shall be placed on If there are no written complaints concerning the seniority list at in the end of their probationary period and their respective seniority thirty (30) calendar days following the posting, the list shall be dated back to the date of beginning of employmentdeemed accurate.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer 11.04 The seniority and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status employment of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasonsterminate if:
a. if the employee voluntarily quits his employmentresigns, retires or quits;
b. if the employee is discharged for a just cause and the discharge is not reversed through the grievance procedurereinstated;
c. for failure to report to work following a layoff pursuant to the terms employee is laid off in excess of Article 11.07six (6) months;
d. the employee is absent from work without a justifiable reason and does not make a reasonable effort to contact or notify the Employer with reasons satisfactory to the Employer by or on the second (2nd) consecutive work day of such unauthorized absence;
e. the employee fails to report as scheduled upon termination of a leave of absence, vacation, suspension or layoff, unless justifiable reason is given to the Employer;
f. the employee is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six twenty-four (624) monthsmonths because of illness or injury, except in including absence covered under the event that Workers' Compensation Board, subject however, to extensions being granted under the provisions of Article 15.04.
g. the employee is on Workers' Compensation and in proven guilty of theft from the Home.
a. In the event of sickness when a layoff or reduction in the employee has submitted satisfactory evidence regular scheduled hours of illnesswork, layoffs shall proceed on the basis of inverse overall seniority, provided that the remaining employee(s) are fully qualified and willing to do the work available.
b. Employees shall be returned to their classification and recalled in order of seniority provided that the employees to be recalled are fully qualified and willing to do the work which cases a period of is then available.
c. Before hiring any new employees, the Employer shall first recall employees on layoff who are qualified to perform the required work.
11.06 Whenever possible, two (2) years weeks' notice shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to be given by the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees and the Union of the need for a layoffits intention to lay off employees.
11.06 11.07 Any appeal in regard grievance with respect to a layoff must shall be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeGrievance Procedure.
11.07 Any 11.08 An employee who is laid off and subsequently recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalledmust, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or upon receipt of such notice, return to work within eighteenthree (3) calendar days if unemployed and within seven
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at upon the end completion of their probationary period and their respective seniority shall be dated back to the date of beginning their most recent hiring. Ready Mix Truck Operators shall be called in the order of employmenttheir seniority. The parties confirm their current understanding and practice that Ready Mix Truck Operators be available up to 10:00 a.m. to receive notice of their starting time for that day. Ready Mix Truck Operators who want to be excused for the day must check with the plant manager prior to 10:00 a.m. for permission.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an any employee within its jurisdiction.
11.03 An Seniority rights shall cease and the employee shall lose his seniority and shall be deemed to have quit terminated for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07more than twelve (12) consecutive months, or length of service, whichever is less;
d. is absent from off work due to illness or Workers' Compensation for three a continuous period of more than twenty-four (324) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is givenmonths;
e. is absent due to layoff or long-term disability, or both, which absence continues without leave for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for consecutive work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granteddays.
11.04 When a reduction In case of layoffs the Employer shall honour the seniority of the workforce is inevitable, probationary employees within their classifications. The rule shall prevail that the employee having most seniority shall be laid off last and recalled first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's will provide notice of lay-off as recognized under the Employment Standards Act. Additional notice may be given. The Employer will attempt to schedule lay-offs to commence at the employees start of the need for a layoffweek.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeGrievance Procedure.
11.07 Any employee Employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade When foreseeable, and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for feasible, any reduction in staff covered by this Agreement shall first be accomplished by attrition. Before any reduction in staff covered by this Agreement, CCLS shall meet with the Union to ascertain explain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority reasons therefore and shall be deemed to have quit for any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee layoff or attrition is discharged for a just cause and the discharge is not reversed through the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to lack of funds, financial documentation must be presented explaining the lack of funds. If the layoff or long-term disabilityattrition is due to lack of work, or bothCCLS shall make its best efforts to document such lack of work. Seniority is defined as the length of continuous paid employment, which and authorized leaves of absence continues for more than totaling six (6) monthsmonths or less, except within any four (4) year period. When one or more employees performing in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails same classification are to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessaryfor lack of work, the Employer shall determine reorganization, or purposes of economy, the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerationsas follows:
a. seniority standings All temporary employees, in inverse order of the employeestheir seniority;
b. ability All employees still in their introductory period within the meaning of Article 13, in inverse order of their seniority;
c. All regular employees whose most recent evaluation or re-evaluation resulted in an overall rating of "Improvement Needed to Meet Minimum Performance Standards," in inverse order of their seniority. However, if any such employee is entitled to a 3 month re-evaluation, the re-evaluation date shall be moved forward so that it may be performed prior to any layoff.
d. All regular employees not included in (c) above, in the inverse order of their seniority, from the staff categories set forth below. Final selection of the employees staff category, or categories, to perform which the work. layoff or attrition will apply is within management's discretion.
e. It is understood recognized that contractual grant obligations may require CCLS to have employees with specific, unique skills. If an employee with specific unique skills required by such contractual obligations would otherwise be laid off in inverse seniority order, and agreed no other existing employee possesses such skills, that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case retained unless the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offfactors in sub paragraph c. are applicable.
11.05 The Employer shall give one (1) week's notice to the employees of the need Attorney e. Secretary/Administrative Assistant
2) Law Graduate f. Receptionist/Intake Specialist
3) Paralegal g. Law Clerk
4) Legal Secretary x. Community Worker Whenever CCLS creates a new staff category for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalledbargaining unit members, or make definite arrangements CCLS shall negotiate with the Employer Union regarding the wages and other terms and conditions of employment applicable to returnsaid new staff category.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Tentative Agreement
SENIORITY AND LAYOFFS. 11.01 a. Seniority of employees shall be recognized the length of employment within their respective trade and job classificationsthe bargaining unit. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employmentin accordance with Article 5.04.
11.02 b. Probationary employees laid off due to a shortage of work and subsequently recalled within twelve (12) months shall serve the balance of their probationary period but shall not re-serve the entire probationary period.
c. Ties in seniority date are to be broken by alphabetical order of employee’s last name for new employees.
a. Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction. Seniority lists are to be posted December 15th and June 15th of each year.
11.03 An employee shall lose his seniority and b. All employees of the Employer covered by this Agreement shall be deemed to have quit on one (1) seniority list.
12.03 Seniority rights shall cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07more than twenty- four (24) consecutive months;
d. is absent for more than two (2) days without justifiable reasons for not notifying the Employer;
e. fails to return to work within the time limit specified in Article 12.08;
f. is gainfully employed on a regular and/or full-time basis while on a leave of absence;
g. is gainfully employed on a regular, full-time or half-time basis and when such employment interferes with the performance of the employee's regular duties; Justifiable reasons in Article 12 shall mean: doctor's orders (provided the doctor is willing to substantiate the reasons), accident, and death in the family or a matter of a similar nature. An employee who is absent from work due to sickness or injury for more than nine (9) consecutive months shall not accrue seniority beyond nine (9) months except when the injury is job related.
h. Is off from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails due to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, illness or injury and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granteddeemed medically unlikely to return.
11.04 When a reduction a. In case of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessarylayoffs, the Employer shall determine the will reduce each department in reverse order of layoff seniority plant-wide.
i. If a senior employee is laid off from his department, he shall exercise his right to 'bump' a less senior employee in consultation with another classification as the union and in doing so, they shall be guided by the following considerations:
a. seniority standings continued proper performance of the employees;work will permit.
b. ability of ii. The right to bump shall include the employees right to bump up, provided the employee exercising this right has previously worked in the higher rated classification and is able to perform the work. It , and, provided that a more senior employee in the same department into which the bump up is understood occurring, possessing the required skill and agreed that no employee previous experience in the higher rated classification, is given the opportunity to bump up first.
c. Employees who have obtained Operator A status and bump or post to an Operator B classification will be paid at the Operator A rate provided the employee can demonstrate to the Supervisor that he/she is capable of maintaining output and quality. After a waiting period of ten days, the lower classification rate will become effective only if the employee cannot demonstrate capability and quality.
d. If there is doubt as to whether an employee can perform the work in another classification, he shall be given a fifteen (15) day work trial with training as appropriate provided the job could be trained for in the fifteen (15) day period. The right to a trial period with training shall be limited to one (1) per bump exercised.
e. The chief xxxxxxx shall be the last person laid off if and shall remain in his regular classification of work as long as there is such work available and doing so would not jeopardize the Employer’s operation of the business. If work in his regular classification is not available, he may bump into another classification as per Article 12.04(b).
f. When an employee is transferred or bumps to another department, and a fellow shortage of work arises in his new department/classification, the employee shall be first to be transferred back to his original department/classification when there is work available in that department/classification. Transferred employees retain the right, by seniority, to go back to their original department/classification should availability of work in their original department/classification allow for it.
g. Where there is the need for layoff of a Set-Up Operator or Set-Up Relief in any of the departments (Press, Furnace, Secondary), which would force him/her to another department, such Setup Operator or employeesRelief shall remain as an operator (A or B, depending upon level previously attained) of comparable and the lowest seniority who is still entitled to vacationoperator in that department would be displaced. In the event that such displaced operator cannot bump another employee, due to this layoff or a case subsequent layoff, the latter may be above does not apply, and the displaced operator reverts back to his/her operator position, if it still exists, and the layoff will take place in order of seniority. Article 12.09 b) ii) would apply if that operator was required to take up any remaining vacation to which he is entitled before others will be laid offperform tasks associated with Set-Up Operator or Set-Up Relief.
11.05 12.05 The Employer shall give one (1) week's notice of layoff to the employees of the need for a layoffemployees.
11.06 12.06 Any employee who terminates his employment with the Employer will notify the Employer of his intentions two (2) weeks in advance in order to enable the Employer to find an adequate replacement.
12.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five six (56) workdays after the layoff took placenotice has been given.
11.07 a. Employees shall be recalled in order of seniority, where jobs are available and be placed in such jobs as per Article 12.04(d).
b. Any employee laid off and recalled for work must return within one two (1) workday when unemployed and within seven (72) workdays when employed elsewhere after being recalledunemployed, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteenten
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be considered as their length of employment from date of (re)hire and shall be recognized within their respective trade and job classificationson a Employer-wide basis. New employees shall be placed on the seniority list at upon the end completion of their probationary a total of six (6) months of employment in a two (2) year period and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hirings.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An Seniority rights shall cease and an employee shall lose his seniority and shall be deemed to have quit for any of the following reasonsbe terminated if he:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) months, except in the event that the employee consecutive months and has less than three (3) years of seniority;
e. is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases laid off for a continuous period of more than twelve (12) consecutive months and has more than three (3) years of seniority;
f. is absent from work for more than two (2) years shall apply;
f. if the employee fails to report for work upon the termination consecutive days, other than a result of an authorized leave of absencesickness or disability, unless without providing a valid reason satisfactory acceptable to the Employer is given, and is discharged as a result thereof, Employer. A Doctor’s note may be required to confirm sickness or disability which discharge is not reversed through costs will be borne by the grievance and arbitration procedure hereinEmployer;
g. if an is absent for a third occasion of absenteeism without notice or reasonable explanation. The employee utilizes will be subject to a leave one (1) day suspension without pay for the first and the second such occasion. The third such occasion results in termination of absence for purposes other than those for which the leave of absence was grantedemployment.
11.04 When the Employer deems it necessary to reduce the work force he shall consult with the Union on the need for layoffs. Where a reduction of in the workforce work force is inevitable, probationary employees shall be laid off first. If further reductions are necessaryThereafter, provided that the Employer shall determine retain a competent and efficient work force and provided that the order of layoff in consultation with the union employees affected have substantially equal skill, competence, efficiency, ability and in doing soqualifications, they lay-offs shall be guided determined by seniority so that the following considerations:
a. seniority standings of last hired shall be the employees;
b. ability of first laid off. Provided that the Employer shall retain a competent and efficient work force and provided that the employees to perform affected have substantially equal skill, competence, efficiency, ability and qualifications, recalls shall be determined by seniority so that the work. It is understood and agreed that no employee will be last laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case shall be the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offfirst recalled.
11.05 The Employer agrees to notify the Union of any recall and layoff which are out of seniority sequence.
11.06 The Employer shall give one (1) weekthree day's notice to the employees of the need for a layofflayoff wherever possible, to the Union and will meet with the Union Representative and the Xxxxxxx or Stewards immediately after the giving of such notice to review the situation. In so far as possible layoffs shall take place on Fridays and recalls shall take place on Mondays for EI purposes. If an employee is temporarily laid off due to his job site being shut down, he will be allowed to bump a lessor seniority employee only after five (5) days. The intent of this article is to promote the Employer's desire to keep work crews consistent. The Employer agrees to issue separation slips at an employee's first layoff date so that they can fulfil their waiting period as soon as possible.
11.06 11.07 Any employee wishing to discontinue his employment shall give the Employer three (3) day's notice.
11.08 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeGrievance Procedure.
11.07 11.09 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with acceptable to the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority is defined as length of service with the Employer. Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary a three (3) month trial period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) consecutive months.
11.04 In case of layoffs the Employer will give such recognition to the seniority standings of the employee as the continued proper performance of his work will permit. Ability to perform available work being relatively equal, except in the event rule shall prevail that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees having most seniority shall be laid off last and recalled first. If further reductions are necessaryNote: Regarding slow periods – In slow period, the Employer shall determine the order give preferential scheduling of work to more senior employees and makes preparation to layoff less senior employees in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offmore timely fashion.
11.05 The Employer shall give one five (15) week's days notice to the employees of the need for a layofflayoff to the Union and will meet with the Union and the Xxxxxxx(s) immediately after the giving of such notice to review the situation.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, recalled or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. (This article applies only to employees employed by the Employer prior to April 15, 2005)
11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at length of service with the end of their probationary period and their respective seniority shall be Employer dated back to the employee’s date of beginning of employmenthire. There shall be two (2) separate and distinct seniority lists, one for Journeymen and one for Apprentices. When an Apprentice achieves Journeyman status, his seniority as an Apprentice shall be credited to him as a Journeyman.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedure;
c. for failure fails to report to work on the first (1st) day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) monthsconsecutive months then the employee loses his seniority with this Employer;
e. is laid off for a continuous period of more than one (1) year then the employee shall lose his seniority as outlined in Article 5.03.
11.04 In case of layoffs the Employer will give such recognition to the seniority standings of the employee provided the special skills (i.e., except in the event knowledge of programmable controllers, high voltage splicing, etc.) of someone with less seniority is not essential. The rule shall prevail that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees having most seniority shall be laid off firstlast and recalled first unless he is not able to do the available work. If further reductions are necessaryEmployees in charge of a job shall not be subject to layoff until that job is finished provided the job is within six (6) weeks of completion and the senior employee is able to assume completion of the job. However, the Employer shall determine the order of layoff in consultation with the union and in doing so, they a lower seniority employee benefiting from this clause shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be deemed laid off if there is a fellow the same day as the higher seniority employee (or employees) for the purpose of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offrecall.
11.05 The Employer shall give one (1) week's notice of layoff to the employees of and will meet with a xxxxxxx or a CLAC representative if he so requests at least twenty-four (24) hours prior to the need for a layofflayoffs in order to review the layoffs.
11.06 The Employer shall not be required to give one
(1) week's notice of layoff when equipment failure, shortage of material or other reasons beyond the control of the Employer cause a stoppage of operation.
11.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 11.08 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, recalled or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are 11.09 In a case where the Employer has more than one
(1) shop within the jurisdiction of this Agreement, seniority as outlined in Article 11 shall apply per shop. If an employee is laid off from one shop of the Employer and who are reobtains work at another shop of the same Employer the provisions pertaining to travel time outlined in Article 15 shall not apply.
11.10 Seniority employees shall have the explicit right to choose layoff as opposed to bumping into residential work.
11.11 An employee hired under the non-hired or return seniority system will be considered a new employee if recalled after three (3) months from the date of his layoff. This article only applies to work within eighteenexisting non-seniority employees and non-seniority employees laid-off for less than three (3) months.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary a six (6) month trial period and their respective seniority shall be dated back to the date of beginning of employmenttheir last hiring.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer after a twenty-four (24) hour cooling-off period has elapsed;
b. if the employee is discharged for after a just cause twenty-four (24) hour cooling-off period has elapsed and the such discharge is not reversed through the grievance procedureGrievance Procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) consecutive months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When the Employer deems it necessary to reduce the working force, he shall consult the Union on the need for layoffs. When, in the opinion of the Employer and the Union, a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer and the Union shall jointly determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one two (12) week's notice to the employees of the need for a layofflayoff to the Union, and will meet with the CLAC Representative and the Xxxxxxx immediately after the giving of such notice to review the situation.
11.06 The Employer shall not be required to give one week's notice of layoff when equipment failure shortage of material, or other reasons beyond the control of the Employer cause a stoppage of operation.
11.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure Grievance Procedure hereinafter set forth within five (5) workdays work days after the layoff took place.
11.07 11.08 Any employee laid off and recalled for work must return within one (1) workday work day when unemployed and within seven (7) workdays work days when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. 12.01 New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 12.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee 12.03 Seniority rights shall lose his seniority cease and employment shall be deemed to have quit terminated for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he provides reasonable justification for such absence;
d. is absent from laid off for a continuous period of more than eight (8) months.
e. or fails to report for work without notice, for three (3) consecutive working days without notifying the Employerdays, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues he provides reasonable justification for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of such absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 12.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer and the Union shall jointly determine the order of layoff in consultation with the union and in doing so, so they shall be guided by the following considerations:
a. seniority standings of the employees;
b. demonstrated ability of the employees to perform the available work. It is understood and agreed that no employee will be laid off if ;
c. in the event there is a fellow employee (or employees) of comparable dispute, seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offshall prevail.
11.05 12.05 In the event of a layoff of at least twenty (20) working days, or the removal of a particular classification, the employee(s) directly affected by the layoff may apply prior to the actual layoff for another job classification providing the employee(s) has more seniority and the qualifications, skill and ability to perform the work in that classification.
12.06 The Employer shall give one (1) week's notice of layoff when possible.
12.07 The Employer shall not be required to give one (1) week's notice of layoff when equipment failure, shortage of material, or other reasons beyond the employees control of the need for Employer cause a layoffstoppage of operation.
11.06 12.08 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure Grievance Procedure hereinafter set forth within five (5) workdays work days after the layoff took place.
11.07 Any employee laid off and 12.09 Employees recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with from layoff shall be recalled using the Employer to returnsame criteria as identified in Article 12.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 12.01 Seniority is the employee's length of service with the Employer. Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary a three (3) month trial period and their respective seniority shall be dated back to the date of beginning of employmenttheir last hiring.
11.02 12.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his 12.03 Grounds for termination exist and seniority and shall be deemed to have quit rights cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07more than twelve (12) consecutive months;
d. fails to return to work within seven (7) workdays after notification to his address on record with the Employer or fails to notify the Employer within two (2) workdays of his intention to return.
e. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;full workdays, without a justifiable reason for not notifying the employer.
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to 12.04 When the Employer is givendeems it necessary to reduce the working force, he shall consult the Union on the need for layoffs. When, in the opinion of the Employer and is discharged as a result thereofthe Union, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of in the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer and the Union shall jointly determine the order of layoff in consultation with the union layoffs and in doing so, so they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 12.05 Employees who have standing as fifth 5th year apprentices shall have two (2) years to obtain their certificate of qualification for purposes of this article. Failure to obtain the certificate within the two (2) year period shall result in the Apprentice being treated as a Journeyman Electrician for purposes of layoffs.
a. The Employer shall give one (1) week's notice of layoff to the employees of and will meet with a Xxxxxxx or a CLAC representative, if he so requests, at least twenty-four (24) hours prior to the need for a layofflayoffs in order to review the layoffs.
11.06 b. The Employer shall not be required to give one (1) week's notice of layoff when equipment failure or shortage of material cause a stoppage of operation or inclement weather interferes with the Employer's operation.
12.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five three (53) workdays after the layoff took place.
11.07 12.08 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, recalled or make definite arrangements with the Employer to return.
11.08 Employees 12.09 Any employee who terminate their employment or are laid off and who are re-hired or return voluntarily quits the employ of the Employer shall give one
(1) week's notice to work within eighteenthe Employer to enable the Employer to hire adequate replacement. If the employee does not provide such notice, he shall receive four percent (4%) vacation pay upon termination.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority
17.1 In the event the business necessitates a layoff of employees ten (10) working days or less (herein referred to as short-term layoffs), the Company will first attempt to minimize the impact to the bargaining unit through various methods (i.e. additional vacation, floater, transfers, and voluntary time off). The Company agrees to waive any time limits that may restrict these options. Short-term layoffs shall be recognized within their respective trade a facility on a shift-by-shift basis within classification. All temporary/agency employees and job classifications. New employees students within the facility shall be placed laid off before any bargaining unit employees. All short-term layoffs shall occur as follows:
a) Employees in a higher classification, who are in receipt of layoff, will be offered the opportunity to displace the least senior employee on the seniority list same shift, in an area designated by the Company, provided the employee is physically able to perform the job. Such employee shall maintain their current rate of pay.
b) For the purpose of short-term layoffs for General Warehouse Employees, like departments will be combined (i.e. receiving, lay-up, ticketing & selection, packing, sortation, jewellery) and the least senior employee within the combined department will be laid off. Employees on layoff shall have the opportunity to displace an agency/temporary employee or student at the end of their probationary period and their respective seniority shall be dated back to alternate facility on the date of beginning of employment.
11.02 Seniority listssame shift, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and physically able to perform the discharge is not reversed through work. The Company will determine where the grievance procedure;employee will be placed.
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3c) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in In the event that there are not sufficient agency/temporary positions or students to displace in the alternate facility, the employee is may bump the least senior employee on Workers' Compensation and the same shift in the event original facility, provided they are physically able to perform the job.
17.2 Layoffs of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of more than two (2) years weeks shall apply;
f. if be by department on a bargaining unit basis and employees with greater seniority may bump the least senior person within the classification in the bargaining unit, provided they are able to perform the work with a familiarization period. Employees with greater seniority in a higher classification who do not have seniority to bump within their classification, may then bump the least senior person in the bargaining unit, provided they have the ability to perform the work with a familiarization period. Such employee fails to report shall receive the rate of pay for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitablenew position. All temporary, probationary students and agency employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order before any full-time employees for layoffs of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteenmore than two
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 17.01 Seniority of employees shall be their length of employment from date of (re)hire and shall be recognized within their respective trade and job classificationson a company-wide basis. New employees shall be placed on the seniority list at upon the end completion of their probationary period probation and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hiring.
11.02 17.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee 17.03 Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) consecutive months, except in ; or
e. fails to return to work within seven (7) workdays after notification to his address on record with the event that Employer or fails to notify the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of Employer within two (2) years shall apply;
f. if the employee fails workdays of his intention to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was grantedreturn.
11.04 When a reduction 17.04 The Employer shall notify the Union of all planned and actual layoffs. Should layoffs become necessary, they shall be done according to seniority. Provided the workforce is inevitableremaining employees are able to perform the work required of them, probationary the least senior employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they Laid off employees shall be guided recalled in the inverse order in which they were laid off, unless agreed otherwise by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offparties.
11.05 17.05 The Employer shall give a one (1) week's week notice to the employees of the need for a layofflayoff to the Union and will meet with a Xxxxxxx, or a Local 6 Representative immediately after the giving of such notice to review the situation.
11.06 17.06 The Employer shall not be required to give a one (1) week notice of layoff when equipment failure, shortage of material, or other reasons beyond the control of the Employer cause a stoppage of operation.
17.07 Any appeal in regard to regarding a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 17.08 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective Divisions, trade and job classificationsclassification. New employees shall be placed on the seniority list at upon the end completion of their probationary period and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hiring.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be updated every six (6) months. Copies of the most recent seniority lists shall be available on each jobsite at the beginning of the job. Updated seniority lists shall be forwarded to each jobsite and to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdictionUnion's office after each update.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) consecutive months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction In case of the workforce is inevitablelayoffs, probationary employees within their respective Division, trade and classification, shall be laid off first. If further reductions layoffs are necessary, the Employer shall determine the order of layoff in consultation with the union of employees within their respective Division, trade and classification, and in doing so, so they shall be guided by the following considerations:considerations (in no particular order):
a. seniority standings The efficiency level of the employeesemployee;
b. The productivity of the employee;
c. The skill and ability of the employees to perform employee;
d. Length of service of the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offemployee.
11.05 The Employer shall give one (1) week's day’s notice of layoff to the employees and will meet with a xxxxxxx, or a Construction Workers Local 52 Representative if he so requests, at least twenty-four (24) hours prior to the layoff in order to review the layoff. Employees with five (5) or more years of continuous service will be entitled to one (1) week’s notice of layoff. The Employer shall provide laid off employees with a Record of Employment for EI purposes no later than five (5) days after the layoff. The Employer shall not be required to give one (1) day's notice of layoff when equipment failure, shortage of material or other reasons beyond the control of the need Employer cause a stoppage of operations. An employee laid off for more than three (3) days may request a layofftransfer to another jobsite provided that:
a. They were employed prior to January 1, 2001;
b. Reasonable travel/living compensation is agreed upon between the parties;
c. They are qualified to do the available work on that jobsite;
d. Their seniority is greater than that of the employees in the same classification on that jobsite.
11.06 An employee wishing to discontinue his employment shall give the Employer one (1) week's notice.
11.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeprocedure.
11.07 11.08 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of the employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary a three (3) month trial period and their respective seniority shall be dated back to the date of beginning of employment. Employees hired on the same date shall be placed on the seniority grid in reverse alphabetical order.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07more than twelve (12) consecutive months;
d. is absent from fails to return to work for three within five (35) consecutive working days without notifying the Employer, unless a reason satisfactory workdays after notification to his address on record with the Employer is given;
e. is absent due or fails to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in notify the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of Employer within two (2) years shall apply;
f. if the employee fails workdays of his intention to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was grantedreturn.
11.04 When a reduction a. In case of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessarylayoffs, the Employer shall determine will give such recognition to the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability , as the continued proper performance of the employees his work will permit. Ability to perform available work being relatively equal, the work. It is understood and agreed rule shall prevail that no the employee will having most seniority shall be laid off if there is a fellow employee (or employees) of comparable last and recalled first.
b. All seniority who is still entitled employees shall have the right to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offrecall.
11.05 The Employer shall give one One (1) week's notice of layoff shall be given to the employees of the need for a layoffemployees.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteenthree
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be considered as their length of employment from date of (re)hire and shall be recognized within their respective trade and job classificationson a company-wide basis. New employees shall be placed on the seniority list at upon the end completion of their probationary a total of three (3) months of employment in a two (2) year period and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hiring.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available provided to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdictiontwice annually, in April and October.
11.03 An Seniority rights shall cease and an employee shall lose his seniority and shall be deemed to have quit for any of the following reasonsbe terminated if he:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. is laid off for a continuous period of more than three (3) consecutive months and has less than three (3) years of seniority;
e. seniority protection for those who have completed (3) years of service from date of hire will be one (1) year;
f. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absenceconsecutive days, unless a reason satisfactory to the Employer is given, and is discharged as other than a result thereofof sickness or disability, without providing a valid reason. A Doctor’s note may be required to confirm sickness or disability which discharge is not reversed through costs will be borne by the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was grantedEmployer.
11.04 When the Employer deems it necessary to reduce the work force he shall consult with the Union on the need for layoffs. Where a reduction of in the workforce work force is inevitable, probationary employees shall be laid off first. If further reductions are necessaryThereafter, provided that the Employer shall determine retain a competent and efficient work force and provided that the order of layoff in consultation with the union employees affected have substantially equal skill, competence, efficiency, ability and in doing soqualifications, they lay-offs shall be guided determined by seniority so that the following considerations:
a. seniority standings of last hired shall be the employees;
b. ability of first laid off. Provided that the Employer shall retain a competent and efficient work force and provided that the employees to perform affected have substantially equal skill, competence, efficiency, ability and qualifications, recalls shall be determined by seniority so that the work. It is understood and agreed that no employee will be last laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case shall be the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offfirst recalled.
11.05 The Employer agrees to notify the Union of any recall and layoffs which are out of seniority sequence.
11.06 The Employer shall give one eight (1) week's 8) hours notice to the employees of the need for a layofflayoff wherever possible, to the Union and will meet with the Union Representative and the Xxxxxxx or Stewards immediately after the giving of such notice to review the situation. In so far as possible layoffs shall take place on Fridays and recalls shall take place on Mondays for EI purposes. The company agrees to issue separation slips at an employee's first layoff date so that they can fulfil their waiting period as soon as possible.
11.06 11.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeGrievance Procedure.
11.07 11.08 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteenseven
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority 12.01 Provided that the employees affected are of relatively equal skill, competence and efficiency, the last employee hired (including the unified employees and/or non Union) shall, in case of layoff, be the first laid off and the last employee laid off shall be recognized within the first rehired, if covered under this Agreement. The parties clarify and state their respective trade practice that layoffs and job classifications. New employees bumping does not occur between or among Employer‟s Branch locations covered by this Agreement.
12.02 In promotion, preference shall be placed given to those employees having the longest service, provided always that the employees are of relatively equal skills, competence and efficiency.
12.03 The Employer will annually post a seniority list indicating employees‟ date of hire. A list showing employees classification will be provided to the Union upon request and will not be posted.
12.04 In case of a temporary layoff (less than thirteen (13) weeks as set out in the Employment Standards Act) the Employer agrees to give all employees employed under the terms of this Agreement a five (5) working day notice of layoff except that the minimum notice of layoff, preceding or following one's holidays shall not be less then five (5) days providing that the employee has advised the Employer one (1) month in advance of the date of his vacation.
12.05 Layoff because of lack of work shall not constitute a break in seniority nor in length of service with the Employer provided that the employee concerned returns to work within three (3) calendar days if unemployed and within five (5) working days if employed elsewhere after he has received notice from the Employer to return to work. In addition, an employee can refuse the recall and remain on the seniority list at so long as there is another employee with less seniority, that the end Employer can recall in his place.
12.06 The Employer shall give notice of termination of employment as provided for in the Employment Standards Act. Employees shall give a minimum notice of two (2) weeks of their probationary period and their respective seniority shall be dated back intention to the date of beginning of terminate employment.
11.02 Seniority lists, the accuracy of which has been agreed 12.07 The Employer agrees to on behalf of notify the Union of any intended reduction in writing shall be maintained at all times by operating hours and to discuss with the Employer and shall be available Union the method of applying any proposed reduction in operating hours to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status best advantage of an both employee within its jurisdictionand Employer.
11.03 An 12.08 Seniority rights shall cease for any employee shall lose his seniority who:
a. is discharged and such discharge is not reversed through the Grievance Procedure;
b. fails to report to work as scheduled for more than two (2) consecutive days without giving a justifiable reason and shall be deemed to have quit for any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and the discharge is not reversed through the grievance procedurequit;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07;
d. is absent from work for three more than twelve (312) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority is the employee's length of employees shall be recognized within their respective trade and job classificationsservice with the Employer. New employees shall be placed on In case of layoffs the Employer will give consideration to the seniority list at of employees. For clarity, the end Employer shall layoff off probationary employees first. If further layoff of their probationary period and their respective seniority shall be dated back regular employees is required, the Employer is not obligated to layoff employees in any particular order, but will give consideration to length of service when determining the date order of beginning of employmentlayoff.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his Grounds for termination exist and seniority and shall be deemed to have quit rights cease for any employee who: voluntarily quits the employ of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee Employer; is discharged for a just cause and the such discharge is be not reversed through the grievance procedure;
c. ; is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) consecutive months, except in ; fails to return to work within seven (7) workdays after notification to his address on record with the event that Employer or fails to notify the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of Employer within two (2) years shall apply;
f. if workdays of his intention to return. is absent from work for two (2) full workdays, without a justifiable reason for not notifying the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was grantedemployer.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's ’s notice of layoff to the employees affected provided the layoff is expected to be longer than three (3) consecutive weeks. If a layoff of less than three (3) weeks is expected, the need for Employer will provide as much notice as is possible and may just provide standing notice of layoff during slow periods.
11.05 The Employer shall not be required to give one (1) week's notice of layoff when equipment failure or shortage of material cause a layoffstoppage of operation or inclement weather interferes with the Employer's operation.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five three (53) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, recalled or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 12.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary a four (4) month trial period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 12.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An 12.03 Seniority rights shall cease and an employee shall lose his seniority and shall be deemed to have quit for any of the following reasonsbe terminated if he:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) consecutive months;
e. for employees having five (5) or more years of seniority with the company, except their seniority rights shall cease if they are laid off for a continuous period of more than twelve (12) consecutive months.
12.04 In case of layoff, the Employer shall recognise the seniority standings of the employees as the continued proper performance of its work will permit. Where in the event opinion of the Employer (which opinion shall not be unreasonably exercised) efficiency, productivity and ability to perform available work are relatively equal, the rule shall prevail that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees having most seniority shall be laid off last and recalled first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 12.05 The Employer shall give one (1) week's notice to the employees of the need for a layofflayoff when possible.
11.06 12.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 12.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade Divisions, trade, and job classificationsclassification. New employees shall be placed on the seniority list at upon the end completion of their probationary period and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hiring.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available updated every six (6) months. Updated seniority lists shall be forwarded to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdictionUnion's office after each update.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07;more than six (6) consecutive months.
d. is absent from work without notice for three (3) consecutive working days without notifying the Employer, unless providing a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was grantedjustifiable reason.
11.04 When a reduction In case of the workforce is inevitablelayoffs, probationary employees within their respective Division, trade, and classification, shall be laid off first. If further reductions layoffs are necessary, the Employer shall determine the order of layoff in consultation with the union of employees within their respective Division, trade, and classification, and in doing so, so they shall be guided by the following considerations:considerations (in no particular order):
a. seniority standings The efficiency level of the employeesemployee;
b. The productivity of the employee;
c. The skill and ability of the employees to perform employee;
d. Length of service of the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offemployee.
11.05 The Employer shall give one (1) week's day’s notice of layoff to the employees and will meet with a xxxxxxx, or a CLAC Local 52 Representative if he so requests, at least twenty-four (24) hours prior to the layoff in order to review the layoff. Employees with five (5) or more years of continuous service will be entitled to one
(1) week’s notice of layoff. The Employer shall provide laid off employees with a Record of Employment for EI purposes no later than five (5) days after the layoff. The Employer shall not be required to give one (1) day's notice of layoff when equipment failure, shortage of material or other reasons beyond the control of the need Employer cause a stoppage of operations. An employee laid off for more than three (3) days may request a layofftransfer to another jobsite provided that:
a. they were employed prior to January 1, 2001;
b. reasonable travel/living compensation is agreed upon between the parties;
c. they are qualified to do the available work on that jobsite;
d. their seniority is greater than that of the employees in the same classification on that jobsite.
11.06 An employee wishing to discontinue his employment shall give the Employer one (1) week's notice.
11.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeprocedure.
11.07 11.08 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees A. An employee's seniority shall be recognized within their respective trade and job classifications. New employees shall be placed commence on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times s/he is first hired by the Employer Town and shall be available to based on continuous service with the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdictionTown.
11.03 An employee B. Seniority shall lose his seniority govern in layoffs and shall be deemed to have quit for rehiring within a department. In the event any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and laid-off, s/he may exercise their seniority to bump into an equal or lower rated position within the discharge is not reversed through department provided s/he has the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees duties of the need for position and provided their seniority is greater than any incumbent. Excluded from the foregoing shall be those employees in Group A. Group A employees may only bump into a layoff.
11.06 Any appeal in regard lower rated position within the department provided s/he has the ability to a layoff must be taken up under perform the first step duties of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.positions and provided their seniority is greater than any incumbent
11.07 Any C. An employee laid off and recalled because of elimination of position or being displaced by an employee whose position was eliminated shall be entitled to return to the employment of the Town in the position or any other similar position for work must return which s/he is the best qualified applicant as soon as such position again becomes available within twenty-four (24) months of the layoff date; provided that such employee exercises this right within one (1) workday when unemployed month of the position being available. The only obligation of the Town shall be to give to the Union and within seven (7) workdays when employed elsewhere after being recalledto mail to the employee at the last address supplied to the Town, a notice of the availability of the position from which the employee was laid off or make definite arrangements with similar position in the Employer to returnemployee’s former department. An employee who declines a proper offer of recall hereunder shall be removed from the layoff list.
11.08 Employees who terminate their employment X. Xxxxxx shall be defined, for the purposes of this Article, as a termination of a full-time or are laid off and who are repermanent part-hired time employee resulting from the elimination of the employee’s position by the Town or return being displaced by an employee whose position was eliminated. The Town shall notify LIUNA of any intended layoffs as soon as practicable prior to work within eighteenthe notification to any affected employees. An employee subject to layoff, shall receive written notice of such layoff no less than thirty (30) days prior to the effective date of such layoff or pay in lieu thereof.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. The seniority of an employee shall be based on his length of service with the Employer since his last date of hire. New employees shall be placed on the seniority list at upon the end completion of their probationary period and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hiring.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an any employee within its jurisdiction.
11.03 An Seniority rights shall cease and the employee shall lose his seniority and shall be deemed to have quit terminated for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. is laid off for failure to report to work following a layoff pursuant to continuous period in excess of the terms of Article 11.07recall period, as below;
i. if employed for less than five (5) years – six (6) months ii. if employed for more than five (5) years – eighteen (18) months iii. if employed for more than ten (10) years – twenty-four (24) months
iv. if hired before May 1, 2012, than per the above, but not less than twelve (12) months.
d. is absent from off work due to illness or injury for three a continuous period of more than twenty-four (324) consecutive working days without notifying the Employermonths, unless and there is no reasonable prognosis for a reason satisfactory return to the Employer is givenwork within a reasonable period of time thereafter;
e. is absent due to layoff or long-term disability, or both, which absence continues without leave for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for consecutive work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granteddays.
11.04 When a reduction In case of layoffs the Employer shall honour the seniority of the workforce is inevitable, probationary employees within their classifications. The rule shall prevail that the employee having most seniority shall be laid off last and recalled first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's will provide notice of lay-off as recognized under the Employment Standards Act. Additional notice may be given. The Employer will attempt to schedule lay-offs to commence at the employees start of the need for a layoffweek.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeGrievance Procedure.
11.07 Any employee Employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return. The Employer is obliged only to address any correspondence or notice to the last address and/or telephone number of the employee last left on file with the Employer.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 13.01 Seniority of employees shall be considered as their length of employment from date of (re)hire and shall be recognized within their respective trade and job classificationson a company-wide basis. New employees shall be placed on the seniority list at upon the end completion of their probationary period and their respective seniority shall be dated back to the date a total of beginning four (4) months of employment.
11.02 13.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available provided to the Union for inspection to once annually in April and as requested by the extent reasonably necessary for the Union to ascertain the seniority status of Union.
13.03 Seniority rights shall cease and an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasonsbe terminated if he:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) months, except in the event that the employee consecutive months and has less than three (3) years of seniority;
e. seniority protection for those who have completed (3) years of service from date of hire will be one (1) year;
f. is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of absent from work for more than two (2) years shall apply;
f. if the employee fails consecutive days, other than a result of sickness or disability, without providing a valid reason. Employees are required to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to call the Employer is given, and is discharged as a result thereof, each day that they are sick. A Doctor’s note may be required to confirm sickness or disability which discharge is not reversed through costs will be borne by the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was grantedEmployer.
11.04 13.04 When the Employer deems it necessary to reduce the work force he shall consult with the Union on the need for layoffs. Where a reduction of in the workforce work force is inevitable, probationary employees shall be laid off first. If further reductions are necessaryThereafter, provided that the Employer shall determine retain a competent and efficient work force and provided that the order of layoff in consultation with the union employees affected have substantially equal skill, competence, efficiency, ability and in doing soqualifications, they lay-offs shall be guided determined by seniority so that the following considerations:
a. seniority standings of last hired shall be the employees;
b. ability of first laid off. Provided that the Employer shall retain a competent and efficient work force and provided that the employees to perform affected have substantially equal skill, competence, efficiency, ability and qualifications, recalls shall be determined by seniority so that the work. It is understood and agreed that no employee will be last laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case shall be the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offfirst recalled.
11.05 13.05 The Employer agrees to notify the Union of any recall and layoffs which are out of seniority sequence.
13.06 The Employer shall give one four (14) week's hours notice to the employees of the need for a layoff. In so far as possible layoffs shall take place on Fridays and recalls shall take place on Mondays for EI purposes. The company agrees to issue separation slips at an employee's first layoff date so that they can fulfil their waiting period as soon as possible. Separation slips will be made available at the office two (2) business days after the layoff, if requested by the employee. Otherwise they will be provided with the next pay.
11.06 13.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeGrievance Procedure.
11.07 13.08 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with acceptable to the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 13.01 Seniority is the ranking of employees in accordance with the length of employment with the Employer within the various job classifications as set out in the seniority list.
13.02 The Employer shall be recognized within their respective trade maintain a seniority list and job classificationsmake a copy available to the Union upon request. New employees shall be placed The Union will inform the Employer of any errors on the seniority list at within ten (10) days after posting, failing which, the end of their probationary period and their respective seniority shall list will be dated back deemed to the date of beginning of employmentbe final.
11.02 Seniority lists, 13.03 An employee’s seniority rights shall cease to exist and the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasonsterminated employment if an employee:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless a justifiable reason has been provided;
d. is absent from work laid off for three a continuous period of more than twelve (312) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is givenmonths;
e. is has been absent due to layoff without cause or long-term disability, or both, which absence continues without authorization including retroactive authorization for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall applyconsecutive working days;
f. if violates the employee fails to report for work upon the termination of an authorized leave of absence, unless terms under which a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted; g. retires.
11.04 When a reduction 13.04 In case of layoffs, if the workforce ability to perform available work is inevitablerelatively equal, probationary employees seniority shall prevail so that the employee having the highest seniority shall be laid off last and recalled first. If further reductions are necessary.
13.05 When an employee is laid off, the Employer shall determine the order of give layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of employee concerned, as well as to the need for Union.
13.06 If an employee or the Union wishes to file a grievance about a layoff, this shall be done within three (3) working days after the layoff becomes effective.
11.06 Any appeal in regard 13.07 An employee who is recalled to work after a layoff must be taken up under the first step of the grievance procedure hereinafter set forth return to work within five two (52) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when working days if unemployed and within seven (7) workdays when working days if employed elsewhere. An employee employed elsewhere after being recalled, or make definite arrangements with shall notify the Employer of his intent to return within two (2) working days of receipt of the notice of recall. It shall be sufficient for the Employer to returnsend the notice of recall to the employee by registered mail to the employee’s last known address.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any employee who:
a) voluntarily quits the employ of the following reasons:
a. if the employee voluntarily quits his employmentEmployer;
b. if the employee b) is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure c) fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. d) is absent from laid off for a continuous period of more than six (6) consecutive months.
e) or fails to report for work without notice, for three (3) consecutive working days without notifying the Employerdays, unless he provides a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was grantedreasonable explanation.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer and the Union shall jointly determine the order of layoff in consultation with the union and in doing so, so they shall be guided by the following considerations:
a. a) seniority standings of the employees;
b. b) family circumstances of the employees;
c) ability of the employees to perform the available work. It is understood and agreed that no employee will be laid off if ;
d) in the event there is a fellow employee (or employees) of comparable dispute, seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offshall prevail.
11.05 In the event of a layoff of at least twenty (20) working days, or the removal of a particular classification, the employee(s) directly affected by the layoff may apply prior to the actual layoff for another job classification providing the employee(s) has more seniority and the qualifications, skill and ability to perform the work in that classification.
11.06 The Employer shall give one (1) week's notice of layoff when possible.
11.07 The Employer shall not be required to give one (1) week's notice of layoff when equipment failure, shortage of material, or other reasons beyond the employees control of the need for Employer cause a layoffstoppage of operation.
11.06 11.08 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure Grievance Procedure hereinafter set forth within five (5) workdays work days after the layoff took place.
11.07 11.09 Any employee laid off and recalled for work must return within one (1) workday work day when unemployed and within seven (7) workdays when employed elsewhere elsewhere, after being recalledthe Employer has sent such employee notice of recall by registered mail to his last known address, or make definite arrangements with the Employer to return. It is the responsibility of the employee to advise the Employer of his last address.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be considered as their length of employment from date of (re)hire and shall be recognized within their respective trade and job classificationson an Employer-wide basis. New employees shall be placed on the seniority list at upon the end completion of their probationary a total of six (6) months of employment in a two (2) year period and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hirings.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An Seniority rights shall cease and an employee shall lose his seniority and shall be deemed to have quit for any of the following reasonsbe terminated if he:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) months, except in the event that the employee consecutive months and has less than three (3) years of seniority;
e. is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases laid off for a continuous period of more than twelve (12) consecutive months and has more than three (3) years of seniority;
f. is absent from work for more than two (2) years shall apply;
f. if the employee fails to report for work upon the termination consecutive days, other than a result of an authorized leave of absencesickness or disability, unless without providing a valid reason satisfactory acceptable to the Employer is given, and is discharged as a result thereof, Employer. A Doctor’s note may be required to confirm sickness or disability which discharge is not reversed through costs will be borne by the grievance and arbitration procedure hereinEmployer;
g. if an is absent for a third occasion of absenteeism without notice or reasonable explanation. The employee utilizes will be subject to a leave one (1) day suspension without pay for the first and the second such occasion. The third such occasion results in termination of absence for purposes other than those for which the leave of absence was grantedemployment.
11.04 When the Employer deems it necessary to reduce the work force he shall consult with the Union on the need for layoffs. Where a reduction of in the workforce work force is inevitable, probationary employees shall be laid off first. If further reductions are necessaryThereafter, provided that the Employer shall determine retain a competent and efficient work force and provided that the order of layoff in consultation with the union employees affected have substantially equal skill, competence, efficiency, ability and in doing soqualifications, they lay-offs shall be guided determined by seniority so that the following considerations:
a. seniority standings of last hired shall be the employees;
b. ability of first laid off. Provided that the Employer shall retain a competent and efficient work force and provided that the employees to perform affected have substantially equal skill, competence, efficiency, ability and qualifications, recalls shall be determined by seniority so that the work. It is understood and agreed that no employee will be last laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case shall be the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offfirst recalled.
11.05 The Employer agrees to notify the Union of any recall and layoff which are out of seniority sequence.
11.06 The Employer shall give one (1) weekthree day's notice to the employees of the need for a layofflayoff wherever possible, to the Union and will meet with the Union Representative and the Xxxxxxx or Stewards immediately after the giving of such notice to review the situation. In so far as possible layoffs shall take place on Fridays and recalls shall take place on Mondays for EI purposes. If an employee is temporarily laid off due to his job site being shut down, he will be allowed to bump a lessor seniority employee only after five (5) days. The intent of this article is to promote the Employer's desire to keep work crews consistent. The Employer agrees to issue separation slips at an employee's first layoff date so that they can fulfil their waiting period as soon as possible.
11.06 11.07 Any employee wishing to discontinue his employment shall give the Employer three (3) day's notice.
11.08 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeGrievance Procedure.
11.07 11.09 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with acceptable to the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction. The Employer shall provide a copy of the seniority list to the Union upon request.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if voluntarily resigns the employee voluntarily quits his employmentemploy of the Employer and the resignation is not rescinded within twenty-four (24) hours;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedureGrievance Procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of consecutive months e. does not return from layoff within two (2) years shall apply;
f. workdays or recall if the employee fails to report for work upon the termination unemployed or within seven (7) workdays of an authorized leave of absencerecall if employed elsewhere, unless a reason satisfactory to definite arrangements have been made with the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was grantedto return.
11.04 When When, in the opinion of the Employer, a reduction of the workforce work force is inevitable, probationary employees he shall inform the Union on the need for layoffs. Students shall be laid off first, followed by probationary employees. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by all of the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the available work. It is understood and agreed ;
b. Seniority standings of the employees, such that no employee will be the lowest seniority employees are laid off if there is first;
c. any other mutually agreed layoff method in which an employee voluntarily accepts a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offshort term layoff.
11.05 The Employer shall give an employee one (1) week's weeks notice to the employees of the need for a layofflayoff or one (1) weeks pay in lieu of notice. Such notice shall be in writing, and a copy shall be sent to the Union. At the request of either party the parties will meet with a Xxxxxxx immediately after the giving of such notice to review the situation. Where circumstances fall beyond the control of the Employer, the Employer shall endeavour to provide an employee with as much notice of layoff as possible.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth Grievance Procedure within five (5) workdays after the notice of layoff took placehas been given or should have been given.
11.07 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteenseven
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 10.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary period seven hundred and twenty (720) consecutive hours worked without a break in employment. Approved leaves of absence will not be considered a break in employment and their respective seniority shall be dated back to the date of beginning of employmenttheir last hiring.
11.02 10.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee 10.03 Seniority rights shall lose his seniority and shall be deemed to have quit cease for any employee who:
i. voluntarily quits the employ of the following reasons:Employer; and/or
a. if ii. fails to report to work for five (5) consecutive work days without reasonable cause provided to the employee voluntarily quits his employment;Employer
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence unless he has a justifiable reason;
d. is absent from work laid off for three a continuous period of more than twelve (312) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is givenmonths;
e. is absent due fails to return to work after a layoff within seven (7) workdays after notification to his address on record with the Employer or long-term disability, or both, which absence continues for more than six (6) months, except in fails to notify the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of Employer within two (2) years shall apply;workdays of his intention to return.
f. if The Employer shall notify the Union in the event an employee’s seniority rights cease and is re-hired.
10.04 In case of layoffs, the Employer will give such recognition to the seniority standings within the classification of the employee fails as the continued proper performance of his work will permit. Ability to report for perform available work upon being relatively equal, the termination of an authorized leave of absence, unless a reason satisfactory to rule shall prevail that the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees having most seniority shall be laid off last and recalled first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 10.05 The Employer shall give one (1) week's notice of layoff to the employees of and will meet with a xxxxxxx or a CLAC Representative, if he so requests, at least twenty-four (24) hours prior to the need for a layofflayoffs in order to review the layoffs.
11.06 10.06 The Employer shall not be required to give one
(1) week's notice of layoff when equipment failure or shortage of material cause a stoppage of operation or inclement weather interferes with the Employer's operation.
10.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five three (53) workdays after the layoff took place.
11.07 10.08 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, recalled or make definite arrangements with the Employer to return.
11.08 Employees 10.09 Any employee who terminate their employment or are laid off and who are re-hired or return voluntarily quits the employ of the Employer shall give one (1) week's notice to work within eighteenthe Employer to enable the Employer to hire adequate replacement.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees 10.1 In the event that layoffs become necessary, long term substitutes shall be recognized laid off first, followed by the Paraeducator with the least seniority within their respective trade and job classificationsthe bargaining unit shall be laid off first.
10.2 A full-time employee who has one year or more of continuous service who is laid off due to a reduction in force shall be permitted to exercise his/her seniority rights to replace an employee who has the least seniority in the bargaining unit provided that the employee is qualified for the position as determined by the Superintendent or his designee on the same basis as Article 9.4 above. New In the event that a number of positions are available, said employee with the greater amount of seniority shall have the choice of available positions. If such layoff results in a transfer of an employee, said employee must be qualified for the position. When employees are to be recalled, the first to be recalled shall be those last laid off, provided that such employee recalled is qualified for the position available.
10.3 Seniority shall be defined as an employee's continuous length of service as a member of the paraeducator bargaining unit from said employee's most recent date of hire, regardless of hours worked.
10.4 Seniority shall not diminish during any period of layoff during which a person has recall rights.
10.5 The names of laid off employees shall be placed on a recall list for a period of one year from the seniority date of layoff, and said employees shall be recalled on the basis of length of service.
10.6 Employees who are recalled to employment shall be entitled to reinstatement of sick days and length of service credit.
10.7 Any person recalled who refuses a position will be placed on the bottom of the recall list. Personnel who are re-employed from the recall list shall be entitled to reinstatement of sick days, length of service credit and placement on the salaries/wage schedule above the level held when laid off, if such layoff takes place at the end of their probationary period the school year. If layoff and their respective seniority shall be dated back to re-employment transpire within the date of beginning of employment.
11.02 Seniority listssame school year, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and the discharge is not reversed through the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case placement on the latter may be required to take up any remaining vacation to which he is entitled before others will be same pay level as when they were laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard 10.8 Prior to a Board decision which would result in a layoff must of any employee, the Federation will be taken up under given written notice of such layoff and the first step of the grievance procedure hereinafter set forth within five (5) workdays after the opportunity to discuss such layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to returnBoard.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Working Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority In the event the business necessitates a layoff of employees ten working days or less (herein referred to as short-term layoffs), the Company will first attempt to minimize the impact to the bargaining unit through various methods (i.e. additional vacation, floater, transfers, and voluntary time off). The Company agrees to waive any time limits that may restrict these options. Short-term layoffs shall be recognized within their respective trade a facility on a shift-by-shift basis within classification. All employees and job classifications. New employees students within the facility shall be placed laid off before any bargaining unit employees. All short-term layoffs shall occur as follows: Employees in a higher classification, who are in receipt of----- layoff, will be offered the opportunity to displace the least senior employee on the seniority list same shift, in an area designated by the Company, provided the employee is physically able to perform I the job. Such employee shall maintain their current rate of pay. I For the purpose of short-term layoffs for General Warehouse Associates, like departments will be combined (i.e. receiving, ticketing & selection, packing, sortation, jewellery) and the least senior employee within the combined department will be laid off. Employees on layoff shall have the opportunity to displace an employee or student at the end of their probationary period and their respective seniority shall be dated back to alternate facility on the date of beginning of employment.
11.02 Seniority listssame shift, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and physically able to perform the discharge is not reversed through work. The Company will determine where the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in employee will be placed. I In the event that there are not sufficient positions or students to displace in the alternate facility, the employee is may bump the least senior employee on Workers' Compensation and the same shift in the event original facility, provided they are physically able to perform the job. Layoffs of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of more than two (2) years weeks shall apply;
f. if be by department on a bargaining unit basis and employees with greater seniority may bump the least senior person within the classification in the bargaining unit, provided they are able to perform the work with a familiarization period. Employees with greater seniority in a higher classification who do not have seniority to bump within their classification, may then bump the least senior person in the bargaining unit, provided they have the ability to perform the work with a familiarization period. Such employee fails to report shall receive the rate of pay for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitablenew position. All temporary, probationary students and agency employees shall be laid off firstbefore any full time employees for layoffs of more than two (2) weeks. If further reductions are necessaryI For all layoffs, the Employer shall determine the first ask for volunteers in order of J seniority from the affected Department. Notice of layoff in consultation with the union and in doing so, they shall be guided made by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees the affected employee by noon of the business day preceding the layoff, if practicable; otherwise, notice shall be made on the day of such layoffs. fail to return within three days following written notice of recall. It will be the responsibility of the employee to keep the Company informed of their current address. I Voluntary time off shall be offered by seniority within the Supervisor's department. In the event of the permanent closing of one of the Company's distribution centres, then and in that event, it is the intent of the parties, that under such circumstances transfers to the remaining facility shall be offered to the most senior employees, in accordance with Should the Company close a distribution centre, it agrees to negotiate with the Union for severance pay for covered employees who terminate their employment or are laid off have been employed for longer than one year, and who are renot offered employment in I "-hired or return to work within eighteen..--- InDeleted:
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees A. An employee's seniority shall be recognized within their respective trade and job classifications. New employees shall be placed commence on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times s/he is first hired by the Employer Town and shall be available to based on continuous service with the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdictionTown.
11.03 An employee B. Seniority shall lose his seniority govern in layoffs and shall be deemed to have quit for rehiring within a title. In the event any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and laid-off, s/he may exercise their seniority to bump into an equal or lower rated position within the discharge is not reversed through department provided s/he has the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the workduties of the position and provided their seniority is greater than any incumbent. It Excluded from the foregoing shall be those employees in Group A. Group A employees may only bump into a lower rated position within the department provided s/he has the ability to perform the duties of the positions and provided their seniority is understood greater than any incumbent. For purposes of layoff and agreed that no employee will rehiring, the two Town libraries shall be laid off if there is treated as a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offsingle department.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any C. An employee laid off and recalled because of elimination of position shall be entitled to return to the employment of the Town in the position or any other similar position for work must return which s/he is the best qualified applicant as soon as such position again becomes available within twenty-four (24) months of the layoff date; provided that such employee exercises this right within one (1) workday when unemployed month of the position being available. The only obligation of the Town shall be to give to the Union and within seven (7) workdays when employed elsewhere after being recalledto mail to the employee at the last address supplied to the Town, a notice of the availability of the position from which the employee was laid off or make definite arrangements with similar position in the Employer to returnemployee’s former department. An employee who declines a proper offer of recall hereunder shall be removed from the layoff list.
11.08 Employees who terminate their employment D. Layoff shall be defined, for the purposes of this Article, as a termination of a full- time or are laid off and who are repermanent part-hired time employee resulting from the elimination of the employee’s position by the Town or return being displaced by an employee whose position was eliminated. The Town shall notify LIUNA of any intended layoffs as soon as practicable prior to work within eighteenthe notification to any affected employees. An employee subject to layoff, shall receive written notice of such layoff no less than thirty (30) days prior to the effective date of such layoff or pay in lieu thereof.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority 12.01 Provided that the employees affected are of relatively equal skill, competence and efficiency, the last employee hired (including the unified employees and/or non Union) shall, in case of layoff, be the first laid off and the last employee laid off shall be recognized within the first rehired, if covered under this Agreement. The parties clarify and state their respective trade practice that layoffs and job classifications. New employees bumping does not occur between or among Employer‟s Branch locations covered by this Agreement.
12.02 In promotion, preference shall be placed given to those employees having the longest service, provided always that the employees are of relatively equal skills, competence and efficiency.
12.03 The Employer will annually post a seniority list indicating employees date of hire. A list showing employees classification will be provided to the Union upon request and will not be posted.
12.04 In case of a temporary layoff (less than thirteen (13) weeks as set out in The Employment Standards Act) the Employer agrees to give all employees employed under the terms of this Agreement a five (5) working day notice of layoff except that the minimum notice of layoff, preceding or following one's holidays shall not be less then five (5) days providing that the employee has advised the Company one (1) month in advance of the date of his vacation.
12.05 Layoff because of lack of work shall not constitute a break in seniority nor in length of service with the Employer provided that the employee concerned returns to work within three (3) calendar days if unemployed and within five (5) working days if employed elsewhere after he has received notice from the Employer to return to work. In addition, an employee can refuse the recall and remain on the seniority list at so long as there is another employee with less seniority, that the end Employer can recall in his place.
12.06 The Employer shall give notice of their probationary period termination of employment as provided for in
12.07 The Employer agrees to notify the Union of any intended reduction in operating hours and their respective seniority shall be dated back to discuss with the Union the method of applying any proposed reduction in operating hours to the date best advantage of beginning of employmentboth employee and Employer.
11.02 12.08 Seniority lists, rights shall cease for any employee who:
a. is discharged and such discharge is not reversed through the accuracy of which has been agreed Grievance Procedure;
b. fails to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available report to the Union work as scheduled for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority more than two (2) consecutive days without giving a justifiable reason and shall be deemed to have quit for any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and the discharge is not reversed through the grievance procedurequit;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07;
d. is absent from work for three more than twelve (312) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. is absent from laid off for a continuous period of more than six (6) consecutive months.
e. or fails to report for work without notice, for three (3) consecutive working days without notifying the Employerdays, unless he provides a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was grantedreasonable explanation.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer and the Union shall jointly determine the order of layoff in consultation with the union and in doing so, so they shall be guided by the following considerations:
a. seniority standings of the employees;
b. family circumstances of the employees;
c. ability of the employees to perform the available work. It is understood and agreed that no employee will be laid off if ;
d. in the event there is a fellow employee (or employees) of comparable dispute, seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offshall prevail.
11.05 In the event of a layoff of at least twenty (20) working days, or the removal of a particular classification, the employee(s) directly affected by the layoff may apply prior to the actual layoff for another job classification providing the employee(s) has more seniority and the qualifications, skill and ability to perform the work in that classification.
11.06 The Employer shall give one (1) week's notice of layoff when possible.
11.07 The Employer shall not be required to give one (1) week's notice of layoff when equipment failure, shortage of material, or other reasons beyond the employees control of the need for Employer cause a layoffstoppage of operation.
11.06 11.08 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure Grievance Procedure hereinafter set forth within five (5) workdays work days after the layoff took place.
11.07 11.09 Any employee laid off and recalled for work must return within one (1) workday work day when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteenseven
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority Section 1. Bargaining unit seniority is defined as the length of employees time an Employee has been continuously employed by the Employer in a bargaining unit position. Bargaining unit seniority shall be recognized within their respective trade apply in the computation and job classificationsdetermination of eligibility for all benefits where length of service is a factor pursuant to this Agreement.
Section 2. New employees An Employee’s seniority shall be placed on commence after the seniority list at the end completion of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority listsperiod, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available retroactive to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status their initial date of an employee within its jurisdictionhire.
11.03 An employee Section 3. Seniority shall lose his seniority and accrue, but benefits shall be deemed to have quit for any prorated, during periods of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged authorized Leaves of Absence for a just cause and the discharge is period not reversed through the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for exceed three (3) consecutive working months, and during a period of layoff not to exceed twelve (12) months.
Section 4. An Employee’s seniority shall be lost when s/he terminates voluntarily; is discharged for cause; fails to return following the end of an official leave of absence; is laid off for a period of twelve (12) months or a period exceeding the length of the Employee’s continuous service whichever is less; or fails to return to work from layoff within five (5) days without notifying after being recalled by the Employer, unless a reason satisfactory to the Employer is given;.
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in Section 5. In the event of sickness when the employee has submitted satisfactory evidence of illnessa layoff, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall Probationary Employees will be laid off first. If further reductions are necessary, the Employer Non- Probationary employees shall determine the follow in inverse order of layoff in consultation with their classification seniority. In the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees event that a Non-Probationary Employee is scheduled to perform the work. It is understood and agreed that no employee will be laid off if from one job title and there is a fellow employee (vacancy in another job title in the same or employees) of comparable lower wage grade, and for which the Employee has the credentials and the ability to satisfactorily perform the job, then that Employee shall be offered that vacant position. In the event that a Part-Time Employee has more seniority than a Full- Time Employee who is still entitled scheduled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off, the Part-Time Employee must accept the Full-Time hours to continue to work.
11.05 The Employer Section 6. Recall shall give one (1) week's notice to the employees be accomplished in inverse order of the need for a layoff.
11.06 Any appeal in regard . A part-time employee on layoff shall have recall rights to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or full-time position only if they are laid off and who are re-hired or return willing to work within eighteenthose full-time hours.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY AND LAYOFFS. 11.01 14.01 Seniority is bargaining unit wide and is based upon the length of employees service since the last date of hire, specifically accumulated by regular hours paid. For the purpose of calculation, 1950 hours paid equals one year’s seniority. Seniority shall be recognized within their respective trade relied upon for issues such as a lay-off, vacation selection, job postings, and job classificationsrecall. New employees Hours paid shall be placed include all hours worked and paid for, all hours not worked and paid for by the Employer, WSIB (or substitute), and all time off on the Pregnancy/Parental leave.
14.02 The Employer shall maintain and post a seniority list at of all employees in the end of their probationary period bargaining unit and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be make copies available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the on or about January 1st and July 1st of each year. This seniority status list shall include seniority hours, date of an employee within its jurisdictionhire and status.
11.03 14.03 An employee shall lose his her seniority and her employment shall be deemed to have quit for any of terminated in the following reasonsevent that she:
a. if the employee voluntarily quits his employmentresigns her employment or abandons her position;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant leave of absence, unless a justifiable reason is given acceptable to the terms of Article 11.07General Manger;
d. is laid off for a continuous period of more than eighteen (18) months;
e. has been absent from work for three (3) consecutive working days without notifying having notified the Employer, unless a justifiable reason satisfactory is given acceptable to the Employer is givenGeneral Manager;
e. f. retires;
g. is absent off work due to layoff illness or longaccident for a period up to a maximum of twenty-term disabilityfour (24) months, provided there is no reasonable likelihood that she will return to work in the foreseeable future;
h. has been receiving work related accident insurance payments, as a result of a work related injury or bothillness while in the employ of the Employer, which absence continues for more than six twenty-four (624) months, except provided there is no reasonable likelihood that she will return to work in the event that foreseeable future.
14.04 In cases of layoff and recall, seniority, as defined in this Article shall determine the order in which employees are laid off or recalled, provided the employee is on Workers' Compensation qualified to do the work. In all cases of layoff, the Employer will determine the employees who will be subject to the layoff, and the employees who may be affected by same. Employees will be presented with their options at a meeting with the General Manager and a Union Xxxxxxx. A meeting will be scheduled within three (3) working days of this initial meeting for the purpose of allowing employees to select their option. All employees will be required to indicate their option at that meeting. Should an employee not be able to attend the meeting she should advise the Employer of a number at which she can be reached. When it is necessary to reduce/alter the working force of employees, the following procedure will apply, provided it does not prevent the Employer from maintaining a workforce of employees who are qualified to do the work available. For all employees, it is agreed and understood that a reduction in the event number of sickness when scheduled hours in a week does not constitute a layoff unless the employee has submitted satisfactory evidence his/her hours reduced in excess of illness7.5 hours biweekly in a eighteen (18) month period. Affected employee(s) shall be entitled to exercise their bumping rights in accordance with this provision.
14.05 In cases of layoff, in which cases a period employees will be given the right to either:
a. Accept the layoff. In the case of recall from layoff, the employee must return to work within two (2) years shall apply;
f. working days if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when working days if employed elsewhere. An employee employed elsewhere after being recalled, or make definite arrangements with shall notify the Employer of her intent to return within two (2) working days of receipt of the notice of recall. It shall be sufficient for the Employer to returnmake contact by telephone, failing which the Employer will send a notice by registered mail to the employee’s last known address. An employee shall be recalled, in order of seniority, to an available opening provided the employee has the ability and qualifications to perform the work.
11.08 b. Displace a less senior employee in the bargaining unit in a lower or identical paying classification, provided the employee is qualified for and can perform the duties of the lower or identical paying classification without training, other than orientation should the employee not find a more junior employee in an equal or lower paying classification she is entitled to bump an employee, subject to the restrictions above, in a classification where the pay grid is within ten percent (10%) of her own. Such employee so displaced shall be laid off. The decision of the employee shall be given to the General Manager or her designate at the meeting held for that purpose following receiving the notification of layoff. Employees who terminate their employment or are laid off and who are re-hired or return failing to work within eighteenprovide such notice will be deemed to have accepted the layoff.
14.06 Notice of layoff shall be given by the Employer to the employee concerned, as well as to the Union, in accordance with the Employment Standards Act.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 9.01 All new bargaining unit employees hired to work .5 F.T.E. hours or more shall serve a probationary period of 6 months. All new bargaining unit employees hired to work less than .5 F.T.E. and Relief employees shall serve a probationary period of 220 hours. Upon completion of probation, seniority will start from the first date of hire.
9.02 Seniority is the ranking of employees in accordance with the length of employment as defined in Article 9.03.
9.03 Seniority for all employees who work .75 F.T.E. hours or more shall be recognized within their respective trade according to date of hire or adjusted date of hire. Seniority for employees who work less than .75 F.T.E. hours and job classifications. New Relief employees shall be placed accumulate on a prorated basis recognizing one (1) year’s service for each 1950 hours worked in their classification. In the seniority list at the end of event a Relief employee or an employee who works less than .75 F.T.E. hours assumes a Full-time position, their probationary period and their respective accrued seniority shall be dated back converted to the an adjusted date of beginning hire on the basis of employment1950 hours being equivalent to one year of service.
11.02 9.04 Employees shall continue to accumulate seniority during any paid leave or job- protected leaves provided by the Employment Standards Act. An employee returning from any other leave of absence of more than 30 days but less than 24 months shall be credited with the amount of seniority she had when she left. Notwithstanding the above, seniority shall continue to accumulate:
a) During the entire period of absence due to pregnancy and/or parental/adoption leave;
b) During absence due to illness or disability including weekly indemnity and long- term disability;
c) While an employee is on a union leave;
d) While on temporary assignment/posting outside the bargaining unit, seniority shall not accrue but will be frozen for the period of time spent outside the bargaining unit up to a maximum of twelve (12) months as long as the employee continues to work for the Employer. An employee returning from temporary assignment/posting within twelve (12) months of having left the bargaining unit shall be credited with the amount of seniority she had when she left. Employees who work outside the bargaining unit for a period greater than twelve (12) months shall forfeit their seniority within the bargaining unit.
9.05 Seniority lists, the accuracy of which has been agreed to on behalf lists will be maintained and posted. The list shall be updated in January and July every year. A copy of the Union in writing shall updated list will be maintained at all times by the Employer and shall be available forwarded to the Union for inspection to the extent reasonably necessary for Xxxxxxx and the Union to ascertain the seniority status of an employee within its jurisdictionBusiness Representative.
11.03 9.06 An employee’s seniority rights shall cease to exist, and the employee shall lose his seniority and shall be deemed to have quit for any terminated employment if an employee:
a) voluntarily quits the employ of the following reasons:
a. if the employee voluntarily quits his employmentEmployer;
b. if the employee b) is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3c) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon on the termination first day following the expiration of an authorized authorised leave of absence, unless a reason satisfactory reasonable explanation is provided to the Employer Employer;
d) is givenlaid off for a continuous period of more than twenty-four (24) months;
e) fails to signify intention to return to work within three (3) days of the receipt of the notice of recall, which shall be in writing addressed to the last known address according to the records of the Employer, and is discharged as fails to in fact return to work within a result thereof, which discharge is not reversed through the grievance and arbitration procedure hereinfurther ten (10) days. An employee who so fails shall forfeit her claim to re-employment;
g. if an f) has been absent without leave from work for more than three (3) working days and has not provided a bona fide documented reason for this absence unless the employee utilizes is unable to provide the written reason during this time;
g) utilises a leave of absence for purposes a purpose other than those that for which the leave of absence it was granted;
h) retires.
11.04 When 9.07 A layoff is defined as the reduction or elimination in regularly scheduled hours of one or more bargaining unit positions that are occupied by bargaining unit employees at the time of elimination.
9.08 In the event of a reduction proposed permanent layoff or a layoff that is longer than a temporary layoff within the meaning of the workforce Ontario Standards Act, 2000, the Employer shall provide the Union and any impacted employees with at least eight weeks’ notice of the layoff. The Employer agrees to meet with the Union to discuss means of avoiding the layoff as soon as is inevitablereasonably possible. In the event of any impending layoff(s), probationary employees an up-to-date copy of the seniority list shall be provided to the Union at the time of notification.
9.09 Employees with the least seniority within the classification, in which the layoff takes place shall be laid off first. If further reductions The job classifications are necessary, the Employer shall determine the order included in Schedule “C”.
9.10 An employee given notice of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case accept the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offlayoff and retain recall rights or displace an employee in another position with lesser seniority provided that the senior employee has the necessary skill(s), qualifications including the minimum experience needed for the position.
11.05 9.11 The Employer shall give one (1) week's notice recall employees in order of seniority provided that the employee recalled has the skills, and qualifications including the minimum experience needed for the position. Notice of recall shall be sent by registered mail to the employees last known address of the need for a layoff.
11.06 Any appeal in regard employee who shall respond to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth recall notice within five three (53) workdays after the layoff took place.
11.07 Any employee laid off days, and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteenten (10) days of notification. The employee shall be solely responsible for her proper address being on record with her Employer.
9.12 New employees shall not be hired in a classification until those laid off in the classification have been given an opportunity of recall. Employees in another classification with the necessary skill(s), qualifications including the minimum experience needed for the position will have an opportunity to apply before a new employee is hired. Recall rights will be deemed to have expired when a laid-off employee is returned to the position from which they were laid off or after 24 months have elapsed, whichever occurs first.
9.13 Employees who are laid off shall be placed on a recall list and shall retain, but not accrue seniority for twenty-four (24) months.
9.14 Full and part-time employees on layoff shall be given preference for temporary vacancies which are expected to exceed two (2) calendar weeks of work, provided they have the have the skills, and qualifications including the minimum experience needed for the position"
9.15 Full and part-time employees on layoff shall be afforded the opportunity to move to Relief during the period of recall, provided they have the skills, and qualifications including the minimum experience needed for the position". For clarity, accepting Relief shifts will not be deemed to constitute a recall.
9.16 Subject to the other provisions of this Agreement, temporary employees shall not be used to the extent that they replace, prevent the hiring or cause the layoff of a permanent Full Time or Part Time employee.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 12.01 Seniority is the employee's length of service with the Employer. Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary a three (3) month trial period and their respective seniority shall be dated back to the date of beginning of employmenttheir last hiring.
11.02 12.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his 12.03 Grounds for termination exist and seniority and shall be deemed to have quit rights cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07more than twelve (12) consecutive months;
d. fails to return to work within seven (7) workdays after notification to his address on record with the Employer or fails to notify the Employer within two (2) workdays of his intention to return.
e. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;full workdays, without a justifiable reason for not notifying the employer.
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to 12.04 When the Employer is givendeems it necessary to reduce the working force, he shall consult the Union on the need for layoffs. When, in the opinion of the Employer and is discharged as a result thereofthe Union, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of in the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer and the Union shall jointly determine the order of layoff in consultation with the union layoffs and in doing so, so they shall be guided by the following two considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work; b. seniority standings of the employees.
12.05 Employees who have standing as fifth 5th year apprentices shall have two (2) years to obtain their certificate of qualification for purposes of this article. It is understood Failure to obtain the certificate within the two (2) year period shall result in the Apprentice being treated as a Journeyman for purposes of layoffs.
a. The Employer shall give not less than one
(1) day notice of layoff or the equivalent of one (1) day pay in lieu of notice to the employees and agreed that no employee will be laid off meet with a Xxxxxxx or a CLAC representative, if there is a fellow employee he so requests, at least twenty-four (or employees24) of comparable seniority who is still entitled hours prior to vacation. In such a case the latter may layoffs in order to review the layoffs.
b. The Employer shall not be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) weekday notice of layoff when equipment failure or shortage of material cause a stoppage of operation or inclement weather interferes with the Employer's notice to the employees of the need for a layoffoperation.
11.06 12.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five three (53) workdays after the layoff took place.
11.07 12.08 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, recalled or make definite arrangements with the Employer to return.
11.08 Employees 12.09 Any employee who terminate their employment or are laid off and who are re-hired or return voluntarily quits the employ of the Employer shall give one (1) day notice to work within eighteenthe Employer to enable the Employer to hire adequate replacement. If the employee does not provide such notice, he shall receive four percent (4%) vacation pay upon termination.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be considered as their length of employment from date of (re)hire and shall be recognized within their respective trade and job classificationson a company-wide basis. New employees shall be placed on the seniority list at upon the end completion of their probationary a total of six (6) months of employment in a two (2) year period and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hirings.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An Seniority rights shall cease and an employee shall lose his seniority and shall be deemed to have quit for any of the following reasonsbe terminated if he:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) months, except in the event that the employee consecutive months and has less than three (3) years of seniority;
e. is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases laid off for a continuous period of more than twelve (12) consecutive months and has more than three (3) years of seniority;
f. is absent from work for more than two (2) years shall apply;
f. if the employee fails to report for work upon the termination consecutive days, other than a result of an authorized leave of absencesickness or disability, unless without providing a valid reason satisfactory acceptable to the Employer is given, and is discharged as a result thereof, Employer. A Doctor’s note may be required to confirm sickness or disability which discharge is not reversed through costs will be borne by the grievance and arbitration procedure hereinEmployer;
g. if an is absent for a third occasion of absenteeism without notice or reasonable explanation. The employee utilizes will be subject to a leave one (1) day suspension without pay for the first and the second such occasion. The third such occasion results in termination of absence for purposes other than those for which the leave of absence was grantedemployment.
11.04 When the Employer deems it necessary to reduce the work force he shall consult with the Union on the need for layoffs. Where a reduction of in the workforce work force is inevitable, probationary employees shall be laid off first. If further reductions are necessaryThereafter, provided that the Employer shall determine retain a competent and efficient work force and provided that the order of layoff in consultation with the union employees affected have substantially equal skill, competence, efficiency, ability and in doing soqualifications, they lay-offs shall be guided determined by seniority so that the following considerations:
a. seniority standings of last hired shall be the employees;
b. ability of first laid off. Provided that the Employer shall retain a competent and efficient work force and provided that the employees to perform affected have substantially equal skill, competence, efficiency, ability and qualifications, recalls shall be determined by seniority so that the work. It is understood and agreed that no employee will be last laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case shall be the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offfirst recalled.
11.05 The Employer agrees to notify the Union of any recall and layoff which are out of seniority sequence.
11.06 The Employer shall give one (1) weekthree day's notice to the employees of the need for a layofflayoff wherever possible, to the Union and will meet with the Union Representative and the Xxxxxxx or Stewards immediately after the giving of such notice to review the situation. In so far as possible layoffs shall take place on Fridays and recalls shall take place on Mondays for EI purposes. If an employee is temporarily laid off due to his job site being shut down, he will be allowed to bump a lessor seniority employee only after five (5) days. The intent of this article is to promote the company's desire to keep work crews consistent. The company agrees to issue separation slips at an employee's first layoff date so that they can fulfil their waiting period as soon as possible.
11.06 11.07 Any employee wishing to discontinue his employment shall give the Employer three (3) day's notice.
11.08 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeGrievance Procedure.
11.07 11.09 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with acceptable to the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective Divisions, trade and job classificationsclassification. New employees shall be placed on the seniority list at upon the end completion of their probationary period and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hiring.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be updated every six (6) months. Copies of the most recent seniority lists shall be available on each jobsite at the beginning of the job. Updated seniority lists shall be forwarded to each jobsite and to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdictionUnion's office after each update.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any employee who:
a) voluntarily quits the employ of the following reasons:
a. if the employee voluntarily quits his employmentEmployer;
b. if the employee b) is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. c) is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) consecutive months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitablenecessary, probationary employees shall be laid off first. If further reductions are reduction is necessary, the Employer and the Union shall jointly determine the order of layoff in consultation with the union layoff, and in doing so, so they shall be guided by the following considerations:: (in no particular order)
a. seniority standings 1) The efficiency level of the employeesemployee;
b. 2) The productivity of the employee;
3) The skill and ability of the employee;
4) Willingness to travel of the employee;
5) Length of service of the employee. Laid-off employees to perform shall be recalled in the work. It is understood and agreed that no employee will be inverse order in which they were laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case unless agreed otherwise by the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offparties.
11.05 The Employer shall give one (1) week's day’s notice of layoff to the employees and will meet with a xxxxxxx, or a Construction Workers Local 52 Representative if he so requests, at least twenty-four (24) hours prior to the layoff in order to review the layoff. Employees with five (5) or more years of continuous service will be entitled to one
(1) week’s notice of xxxxxx. The Employer shall provide laid off employees with a Record of Employment for EI purposes no later than five (5) days after the layoff. The Employer shall not be required to give one (1) day's notice of layoff when equipment failure, shortage of material or other reasons beyond the control of the need Employer cause a stoppage of operations. An employee laid off for more than three (3) days may request a layofftransfer to another jobsite provided that:
1. They were employed prior to January 1, 2001;
2. Reasonable travel/living compensation is agreed upon between the parties;
3. They are qualified to do the available work on that jobsite;
4. Their seniority is greater than that of the employees in the same classification on that jobsite.
11.06 An employee wishing to discontinue his employment shall give the Employer one (1) week's notice.
11.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeprocedure.
11.07 11.08 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority The seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end upon completion of their probationary period and their respective period. Their seniority shall will be dated back to the date on which they were first qualified to do the job they were hired for and/or are placed on the company payroll system. This will be considered their official hiring date. The Employer agrees to refer any new employee to a Union Xxxxxxx as soon as possible after hiring. Daily call-in preference will be given to senior drivers. At the discretion of beginning management, senior drivers will also have the right to pass off late loads to junior drivers provided they are available in the yard and have the ability to perform the job. In case of employmenta dispute, the issue will be decided by management in accordance with this Article.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if Voluntarily quits the employee voluntarily quits his employmentemploy of the Employer;
b. if the employee is Is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. Is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07;
d. is absent from work for three more than twelve (312) consecutive working days without notifying the Employermonths.
11.04 In case of layoffs, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in shall honour the event seniority of the employees within their classifications. The rule shall prevail that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees having most seniority shall be laid off last and recalled first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer will provide notice of lay off as provided for under The Employment Standards Act. He will meet with the CLAC Representative and/or the Xxxxxxx one (1) week prior to any actual layoff. The Employer will attempt to layoff on Fridays so that the layoff will come at the end of an Unemployment Insurance week. All the necessary forms will be filled out prior to the layoff. The Employer shall not be required to give one (1) week's notice to of layoff when equipment failure, shortage of material, or other reasons beyond the employees control of the need for Employer cause a layoffstoppage of operation.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeGrievance Procedure.
11.07 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate accept positions outside the bargaining unit will have their employment or are laid off and who are re-hired or return to work within eighteenseniority accumulated for six (6) months. Thereafter, their seniority will be terminated.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at upon the end completion of their probationary period and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hiring.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be updated every six (6) months. Copies of the most recent seniority lists shall be available on each main jobsite at the beginning of the job. Updated seniority lists shall be forwarded to each main jobsite and to the Union's office after each update. The Employer shall make the seniority list available to each employee every six (6) months with the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdictionemployees‟ pay stubs.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) consecutive months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee d. fails to report for return to work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged after recall as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granteddescribed in Article 11.08.
11.04 When a reduction of the workforce is inevitablenecessary, probationary employees shall be laid off first. If further reductions are reduction is necessary, the Employer and the Union shall jointly determine the order of layoff in consultation with the union layoff, and in doing so, so they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will ;
c. laid-off employees shall be recalled in the inverse order in which they were laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case unless agreed otherwise by the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offparties.
11.05 The Employer shall give one (1) week's notice of layoff to the employees of the need for and will meet with a layoff.
11.06 Any appeal in regard xxxxxxx or a CLAC Representative if he so requests, at least twenty-four (24) hours prior to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off in order to review the layoff. The Employer shall only be required to give two (2) days notice of layoff between December 31st and recalled for work must return within April 30th of each year. The Employer shall not be required to give one (1) workday week's notice of layoff when unemployed and within seven (7) workdays when employed elsewhere after being recalledequipment failure, shortage of material or make definite arrangements with other reasons beyond the control of the Employer to returncause a stoppage of operations.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. 12.01 New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 12.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee 12.03 Seniority rights shall lose his seniority cease and employment shall be deemed to have quit terminated for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. is absent from laid off for a continuous period of more than eight (8) months.
e. or fails to report for work without notice, for three (3) consecutive working days without notifying the Employerdays, unless he provides a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was grantedreasonable explanation.
11.04 12.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer and the Union shall jointly determine the order of layoff in consultation with the union and in doing so, so they shall be guided by the following considerations:
a. seniority standings of the employees;
b. family circumstances of the employees;
c. demonstrated ability of the employees to perform the available work. It is understood and agreed that no employee will be laid off if ;
d. in the event there is a fellow employee (or employees) of comparable dispute, seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offshall prevail.
11.05 12.05 In the event of a layoff of at least twenty (20) working days, or the removal of a particular classification, the employee(s) directly affected by the layoff may apply prior to the actual layoff for another job classification providing the employee(s) has more seniority and the qualifications, skill and ability to perform the work in that classification.
12.06 The Employer shall give one (1) week's notice of layoff when possible.
12.07 The Employer shall not be required to give one (1) week's notice of layoff when equipment failure, shortage of material, or other reasons beyond the employees control of the need for Employer cause a layoffstoppage of operation.
11.06 12.08 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure Grievance Procedure hereinafter set forth within five (5) workdays work days after the layoff took place.
11.07 12.09 Any employee laid off and recalled for work must return within one (1) workday work day when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteenseven
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority is the status an employee secures by the length of continuous service with the Hospital from the most recent date of hire, and will be defined as length of service in the ESC bargaining unit. Effective beginning the pay period start date nearest January l, 2004, seniority for all employees shall will be recognized within their respective trade established and job classificationsposted as agreed upon by the parties. New employees shall be placed on the seniority list at the end of their probationary period and their respective Thereafter, seniority shall be dated back accumulated by employees in full or part-time positions at the rate of one month for every month spent in full or part-time status. Per Diem, Short-Hour, and Short-Notice status employees shall accrue seniority on the basis of one month of seniority for every 173.3 hours worked. Seniority shall be calculated in January of each year for all bargaining unit members. This seniority calculation shall be posted and used effective February 1st of each year. This annual seniority calculation shall be used for all purposes for which seniority is considered during the twelve-month period following February 1st of each year, except that, in cases of layoffs, seniority shall be re-calculated for all affected employees as of the beginning of the month in which the layoff is to occur, if necessary. Seniority will be terminated by resignation, discharge, taking employment elsewhere during a Leave of Absence, or twelve (12) consecutive months of layoff. Additionally, if an employee on layoff is recalled and fails to report to work within seventy-two (72) hours from the time a telegram is sent to their last known address, they will be considered to have voluntarily quit. In cases where accumulated service is broken, the employee shall, upon re-employment, be considered a new employee. The rule of seniority shall govern for promotions within the staff provided that the qualifications and capabilities of the involved employees are approximately equal. The rule of seniority by classification shall govern in cases of reduction in staff, for any reason, provided that those employees remaining are capable and qualified to perform the work and that their qualifications are approximately equal to the date of beginning of employment.
11.02 Seniority listsemployees who will be laid off. In all cases, the accuracy of which has been agreed Hospital shall have the right and discretion to on behalf of the Union in writing determine such capabilities and qualifications. Employees shall be maintained at all times recalled to any vacancies in seniority order by the Employer scheduling classifications and shall be available paid at the appropriate wage rate based on their tenure step excluding the time on layoff. No new applicants for openings will be considered until all qualified employees on the recall list have been offered re-employment in accordance with the provisions of this Section. In those cases where the Hospital believes a layoff will last more than thirty (30) working days, two (2) weeks (ten (10) working days) notice of said layoff shall be given to the Union affected employees. If said layoff is expected to last less than thirty (30) working days or if the layoff is due to an emergency or due to circumstances that could not have been reasonably foreseen by the Hospital no notice will be required. If no notice is given and said layoff turns out to be more than thirty (30) working days, the Hospital shall pay the laid off employee the equivalent of their straight-time pay for inspection the ten (10) working days prior to the extent layoff, provided, however, that no pay need be given in cases of layoffs of any duration which are due to emergencies or circumstances that could not have been reasonably necessary for foreseen by the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall Hospital. Seniority may only be deemed to have quit for any of the following reasons:
a. if the employee voluntarily quits his employment;
b. utilized as provided above if the employee is discharged for a just cause and willing to accept the discharge work offered by the Hospital. A full-time or part-time benefited employee who is not reversed through permanently laid off from the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged Hospital as a result thereofof consolidation of services between the Hospital and another facility or due to an elimination of services offered by the Hospital shall be eligible to receive severance at his/her regular rate according to the following terms: Years of Service with Hospital Amount of Severance 0 through 3 years 2 weeks 4 through 8 years 4 weeks 9 through 14 years 6 weeks More than 15 years 8 weeks Severance shall be paid out in a lump sum at time of termination of employment. A covered employee who is offered and accepts another benefited position shall not be eligible to receive severance pay. The parties recognize that the Hospital may experience changes that require temporary reductions in staffing. These reductions will be achieved by first asking for volunteers. If insufficient numbers of volunteers are realized, which discharge is not reversed through short-term mandatory reduction shall be instituted in accordance with the grievance and arbitration procedure herein;
g. if an employee utilizes a leave guidelines of absence for purposes other than those for which the leave of absence was granted.
11.04 When a NCH policy on Hospital Requested Absence. If mandatory reduction of hours is requested in excess of sixty (60) consecutive days, the workforce is inevitableHospital shall notify the Union, probationary employees and the parties shall be laid off first. If meet and confer before proceeding with any further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority 17.01 In the event the business necessitates a layoff of employees ten (10 working days or less (herein referred to as short-term layoffs), the Company will first attempt to minimize the impact to the bargaining unit through various methods (i.e. additional vacation, floater, transfers, and voluntary time off). The Company agrees to waive any time limits that may restrict these options. Short-term layoffs shall be recognized within their respective trade a facility on a shift-by-shift basis within classification. All temporary/agency employees and job classifications. New employees students within the facility shall be placed laid off before any bargaining unit employees. All short-term layoffs shall occur as follows:
a) Employees in a higher classification, who are in receipt of layoff, will be offered the opportunity to displace the least senior employee on the seniority list same shift, in an area designated by the Company, provided the employee is physically able to perform the job. Such employee shall maintain their current rate of pay.
b) For the purpose of short-term layoffs for General Warehouse Employees, like departments will be combined (i.e. receiving, lay-up, ticketing & selection, packing, sortation, jewellery) and the least senior employee within the combined department will be laid off. Employees on layoff shall have the opportunity to displace an agency/temporary employee or student at the end of their probationary period and their respective seniority shall be dated back to alternate facility on the date of beginning of employment.
11.02 Seniority listssame shift, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and physically able to perform the discharge is not reversed through work. The Company will determine where the grievance procedure;employee will be placed.
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3c) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in In the event that there are not sufficient agency/temporary positions or students to displace in the alternate facility, the employee is may bump the least senior employee on Workers' Compensation and the same shift in the event original facility, provided they are physically able to perform the job.
17.02 Layoffs of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of more than two (2) years weeks shall apply;
f. if be by department on a bargaining unit basis and employees with greater seniority may bump the least senior person within the classification in the bargaining unit, provided they are able to perform the work with a familiarization period. Employees with greater seniority in a higher classification who do not have seniority to bump within their classification, may then bump the least senior person in the bargaining unit, provided they have the ability to perform the work with a familiarization period. Such employee fails to report shall receive the rate of pay for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitablenew position. All temporary, probationary students and agency employees shall be laid off first. If further reductions are necessarybefore any full time employees for layoffs of more than two (2) weeks.
17.03 For all layoffs, the Employer shall determine the first ask for volunteers in order of seniority from the affected Department. Notice of layoff in consultation with the union and in doing so, they shall be guided made by the following considerations:
a. seniority standings Employer to the affected employee by noon of the employees;business day preceding the layoff, if practicable; otherwise, notice shall be made on the day of such layoffs.
b. ability of 17.04 All recalls shall be done in accordance with seniority within job classification, i.e. the employees last employee laid off shall be the first employee recalled, if able to perform the workjob. Employees shall accumulate seniority during the period of layoff and be eligible for recall for a period of no longer than eighteen (18) months. Employees will be deemed to have terminated employment if they fail to return within three days following written notice of recall. It is understood and agreed that no employee will be laid off if there is a fellow the responsibility of the employee (or employees) to keep the Company informed of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offtheir current address.
11.05 The Employer 17.05 Voluntary time off shall give be offered by seniority within the Supervisor’s department.
17.06 In the event of the permanent closing of one (1) week's notice of the Company’s distribution centres, then and in that event, it is the intent of the parties, that under such circumstances transfers to the employees of remaining facility shall be offered to the need for most senior employees, in accordance with Article17.02 Should the Company close a layoff.
11.06 Any appeal in regard distribution centre, it agrees to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements negotiate with the Employer to return.
11.08 Employees Union for severance pay for covered employees who terminate their employment or are laid off have been employed for longer than one year, and who are re-hired or return to work within eighteennot offered employment in the remaining facility.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 1. Seniority is defined as the length of employees continuous paid employment with the AgencyOCII. Seniority shall be recognized within their respective trade and job classifications. New employees retained but shall be placed on the seniority list at the end not accrue during periods of their probationary period and their respective seniority shall be dated back to the date of beginning of employmentleave without pay.
11.02 Seniority lists2. In case of layoff, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times demotion necessitated by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An layoff, or rehire, a permanent employee shall lose his have and may elect first seniority and shall be deemed to have quit for any of the following reasonsrights as follows:
a. if the employee voluntarily quits his employmentWithin a classification seniority shall govern unless objective considerations of demonstrated performance and specific qualifications transcend seniority;
b. In the next lower classification in the same functional line, as described in Appendix B, whether he or she was promoted from it or not, if the he or she has more seniority than an employee is discharged for a just cause and the discharge is not reversed through the grievance procedurein that lower classification;
c. for failure to report to work following a layoff pursuant In the next lower classification in another functional line, if he or she was promoted from it and has more seniority than an employee in that lower classification.
3. On recall from layoff, the employee shall be returned to the terms classification he or she held at the time of Article 11.07;
d. layoff; if conditions have so changed that it is absent from work for three (3) consecutive working days without notifying not feasible to reinstate him or her in the Employersame classification, unless he or she shall be reinstated in a reason satisfactory classification that is nearly comparable to the Employer original classification as is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than reasonable under the circumstances. The foregoing shall be an absolute right of each employee within six (6) monthsmonths following layoff. If the employee wishes to retain such right thereafter, except he or she shall state in writing to the AgencyOCII his or her address and his or her continued interest and availability in the event that seventh (7th) month following the layoff and each six (6) months thereafter.
4. The AgencyOCII will use its best efforts to give 90 days notice of an intended layoff but in no case will an employee is on Workers' Compensation be given less than 30 days prior notice of such layoff.
5. During the term of this Agreement, if and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall AgencyOCII anticipates that layoffs will be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer AgencyOCII shall give one (1) week's notice the Union advance notice, prior to the employees issuance of the need for a layoff.
11.06 Any appeal in regard specific layoff notices to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth employees, and, within five (5) workdays after days of notice to the layoff took placeUnion, the Union may reopen the contract for the sole purpose of considering the applicability of Section 20903 of the Government Code.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Memorandum of Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be their length of employment from date of (re)hire and shall be recognized within their respective trade and job classificationson a company-wide basis. New employees shall be placed on the seniority list at upon the end completion of their probationary period probation and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hiring.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) consecutive months, except in ; or
e. fails to return to work within seven (7) workdays after notification to his address on record with the event that Employer or fails to notify the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of Employer within two (2) years shall apply;
f. if the employee fails workdays of his intention to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was grantedreturn.
11.04 When a reduction The Employer shall notify the Union of all planned and actual layoffs. Should layoffs become necessary, they shall be done according to seniority. Provided the workforce is inevitableremaining employees are able to perform the work required of them, probationary the least senior employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they Laid off employees shall be guided recalled in the inverse order in which they were laid off, unless agreed otherwise by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offparties.
11.05 The Employer shall give a one (1) week's week notice to the employees of the need for a layofflayoff to the Union and will meet with a Xxxxxxx, or a Local 6 Representative immediately after the giving of such notice to review the situation.
11.06 The Employer shall not be required to give a one (1) week notice of layoff when equipment failure, shortage of material, or other reasons beyond the control of the Employer cause a stoppage of operation.
11.07 Any appeal in regard to regarding a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 11.08 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority
1. Bargaining unit seniority is defined as the length of employees time an employee has been continuously employed by the Employer. Bargaining unit seniority shall be recognized apply in the computation and determination of eligibility for all benefits where length of service is a factor pursuant to this Agreement.
2. Wage Grade seniority is defined as the length of service an employee has continuously been employed within their respective trade a specific wage grade. Wage Grade seniority shall apply in instances of layoff, recall, and job classificationsvacation preference.
3. New employees An employee’s seniority shall be placed on commence after the seniority list at the end completion of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority listsperiod, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available retroactive to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status their initial date of an employee within its jurisdictionhire.
11.03 An employee 4. Seniority shall lose his seniority and accrue, but benefits shall be deemed to have quit for any prorated, during periods of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged authorized Leaves of Absence for a just cause and the discharge is period not reversed through the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for exceed three (3) consecutive working months, and during a period of layoff not to exceed one (1) year.
5. An employee’s seniority shall be lost when he/she terminates voluntarily, is discharged for cause; fails to return following the end of an official leave of absence; is laid off for a period of one (1) year or a period exceeding the length of the employee’s continuous service whichever is less; or fails to return to work from layoff within five (5) days without notifying after being recalled by the Employer, unless a reason satisfactory to the Employer is given;.
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in . In the event of sickness when the employee has submitted satisfactory evidence of illnessa layoff, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary Probationary employees shall will be laid off first. If further reductions are necessary, the Employer Non‐ Probationary employees shall determine the follow in inverse order of layoff in consultation with their wage grade seniority. In the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees event that a non‐probationary employee is scheduled to perform the work. It is understood and agreed that no employee will be laid off if from one job title and there is a fellow vacancy in another job title in the same or lower wage grade, and for which the employee (or employees) of comparable has the credentials and the ability to satisfactorily perform the job, then that employee shall be offered that vacant position. In the event that a part‐time employee has more seniority than a full‐time employee who is still entitled scheduled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off, the part‐ time employee must accept the full‐time hours to continue to work. If the affected employee has been promoted from one wage grade to another within the twelve (12) months prior to the layoff, that employee shall be able to use his/her bargaining unit seniority to bump the least senior employee in the same or lower wage grade.
11.05 The Employer shall give one (1) week's notice to 7. In the employees event of the need for discontinuance of an entire job title, the affected employees shall be able to utilize their bargaining unit seniority to bump the least senior employee in the same or lower rated wage grade, provided s/he has the skill and ability to satisfactorily perform the job. In the event that a part‐time employee, who is scheduled to be laid off, has more seniority than a full‐time employee, and there are no part‐time jobs available, the part‐time employee must accept the full‐time hours in order to avoid layoff.
11.06 Any appeal 8. Recall shall be accomplished in regard the reverse order of the layoff. A part‐time employee on layoff shall have recall rights to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or full‐time position only if they are laid off and who are re-hired or return willing to work within eighteenthose full‐time hours.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority 12.01 Provided that the employees affected are of relatively equal skill, competence and efficiency, the last employee hired (including the unified employees and/or non-Union) shall, in case of layoff, be the first laid off and the last employee laid off shall be recognized within the first rehired, if covered under this Agreement. The parties clarify and state their respective trade practice that layoffs and job classifications. New employees bumping does not occur between or among Employer’s Branch locations covered by this Agreement.
12.02 In promotion, preference shall be placed given to those employees having the longest service, provided always that the employees are of relatively equal skills, competence and efficiency.
12.03 The Employer will annually post a seniority list indicating employees’ date of hire. A list showing employees classification will be provided to the Union upon request and will not be posted.
12.04 In case of a temporary layoff (less than thirteen (13) weeks as set out in the Employment Standards Act) the Employer agrees to give all employees employed under the terms of this Agreement a five (5) working day notice of layoff except that the minimum notice of layoff, preceding or following one's holidays shall not be less than five (5) days providing that the employee has advised the Employer one (1) month in advance of the date of his vacation.
12.05 Layoff because of lack of work shall not constitute a break in seniority nor in length of service with the Employer provided that the employee concerned returns to work within three (3) calendar days if unemployed and within five (5) working days if employed elsewhere after he has received notice from the Employer to return to work. In addition, an employee can refuse the recall and remain on the seniority list at so long as there is another employee with less seniority, that the end Employer can recall in his place.
12.06 The Employer shall give notice of termination of employment as provided for in the Employment Standards Act. Employees shall give a minimum notice of two (2) weeks of their probationary period and their respective seniority shall be dated back intention to the date of beginning of terminate employment.
11.02 Seniority lists, the accuracy of which has been agreed 12.07 The Employer agrees to on behalf of notify the Union of any intended reduction in writing shall be maintained at all times by operating hours and to discuss with the Employer and shall be available Union the method of applying any proposed reduction in operating hours to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status best advantage of an both employee within its jurisdictionand Employer.
11.03 An 12.08 Seniority rights shall cease for any employee shall lose his seniority who:
a. is discharged and such discharge is not reversed through the Grievance Procedure;
b. fails to report to work as scheduled for more than two (2) consecutive days without giving a justifiable reason and shall be deemed to have quit for any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and the discharge is not reversed through the grievance procedurequit;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07;
d. is absent from work for three more than twelve (312) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 12.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 12.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction. The Employer shall provide a copy of the seniority list to the Union upon request.
11.03 An employee 12.03 Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if Voluntarily quits the employee voluntarily quits his employmentemploy of the Employer;
b. if the employee is Is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. for failure Fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence or vacation, unless he has a justifiable reason;
d. is absent from work Is laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) consecutive months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of .
e. does not return from layoff within two (2) years shall apply;
f. workdays of recall if the employee fails to report for work upon the termination unemployed or within seven (7) workdays of an authorized leave of absencerecall if employed elsewhere, unless a reason satisfactory to definite arrangements have been made with the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was grantedto return.
11.04 When 12.04 When, in the opinion of the Employer that a reduction of the workforce work force is inevitablenecessary, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by all of the following considerations:
a. ability of the employees to perform the work available at the reasonably accepted standard;
b. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and c. any other mutually agreed that no layoff method in which an employee will be laid off if there is voluntarily accepts a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offshort term layoff.
11.05 12.05 The Employer Employers shall give provide one (1) week's ’s notice of layoff for any layoff that is expected to be five (5) workdays or more in duration, where the employees cause for such layoff is within the control of the need Employer or where the Employer has knowledge of such cause for a layofflayoff at least two (2) weeks in advance of the anticipated layoff date. In all other cases, the Employer will make best efforts to provide employees with as much notice of such layoff as possible.
11.06 12.06 In the case of resignation of employment, an employee shall provide the Employer with at least two (2) workdays of notice of such resignation.
12.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure Grievance Procedure hereinafter set forth within five (5) workdays after the notice of layoff took placehas been given or should have been given.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classificationsclassification. New employees shall be placed on the appropriate seniority list at upon the end completion of their probationary period and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hiring.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentor retires the employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedure;
c. for failure fails to report return to work following a layoff pursuant within five (5) days after notice of recall to his address on record with the terms of Article 11.07Employer;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon on the termination first day following the expiration of an authorized a leave of absence, unless he has a reason satisfactory acceptable to the Employer Employer; provided that the Employer, in determining whether or not the reason for the employee's failure to report is givenacceptable, and will exercise its judgement in a reasonable manner; e. is discharged as laid off for a result thereof, which discharge is continuous period of more than twelve (12) consecutive months (this does not reversed through the grievance and arbitration procedure herein;
g. if apply to an employee utilizes a on sick leave of absence for purposes other than those for which the leave of absence was grantedor compensation).
11.04 When a reduction In case of layoffs, the Employer will give such recognition to the seniority standings of the workforce is inevitableemployees as the continued proper performance of his work will permit. Ability to perform available work being relatively equal, probationary employees the rule shall prevail that the employee having most seniority shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off last and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to returnfirst.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary a four (4) month trial period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An Seniority rights shall cease and an employee shall lose his seniority and shall be deemed to have quit for any of the following reasonsbe terminated if he:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) consecutive months;
e. for employees having five (5) or more years of seniority with the company, except their seniority rights shall cease if they are laid off for a continuous period of more than twelve (12) consecutive months.
11.04 In case of layoff, the Employer shall recognise the seniority standings of the employees as the continued proper performance of its work will permit. Where in the event opinion of the Employer (which opinion shall not be unreasonably exercised) efficiency, productivity and ability to perform available work are relatively equal, the rule shall prevail that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees having most seniority shall be laid off last and recalled first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layofflayoff when possible.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority 13.01 For the purpose of job postings, seniority is the ranking of employees in accordance with time worked within a department. The departments are defined as Nursing and Support Services. Nursing includes registered staff, personal support workers, health care aides, nurse aide, restorative aide and personal care aide. Support Services includes cooks, housekeeping, laundry and dietary aides. For vacation purposes, seniority is the ranking of employees in accordance with their length of employment from the date of (re)hiring.
a. Seniority shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to accumulate for all employees on the Union basis of hours worked and paid for, hours not worked and paid for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and the discharge is not reversed through the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying by the Employer, unless and hours paid for by WSIB for a reason satisfactory period of twelve (12) months. In case of maternity, parental and adoption leaves, seniority will accumulate as per government regulations.
b. Employees acting as Union Stewards will accumulate hours for time spent on collective bargaining negotiations and labour-management meetings not to exceed seven and one-half (7 ½) hours per day.
a. A seniority list containing the Employer is given;
e. is absent due names of all employees, their respective dates of hire and total seniority hours accumulated to layoff or long-term disability, or both, which absence continues for more than date will be posted on the Union bulletin board and will be revised every six (6) months.
b. The Employer will supply each xxxxxxx and the Union office with a copy of the seniority list.
13.04 Seniority status, except in the event that once acquired, shall be lost and the employee shall be deemed terminated for the following reasons if an employee:
a. voluntarily resigns;
b. is discharged for just cause;
c. is on Workers' Compensation and layoff in the event excess of sickness when the employee has submitted satisfactory evidence of illness, in which cases thirty (30) continuous months;
d. is off work due to illness for a period of two the employee's accrued seniority at the time the illness commenced, up to a maximum of thirty (230) years shall applymonths;
f. if the employee e. fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to notify the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees her intention to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled return to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth work within five (5) workdays after the calendar days following a layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer notified by registered mail to return.do so;
11.08 Employees who terminate their employment or are laid off and who are re-hired or f. fails to return to work within eighteenon the date arrived at in (e) above without sufficient cause;
g. is absent from work without leave of absence being granted by or a satisfactory explanation being offered for an absence of three (3) working days;
h. retires;
i. has been receiving WSIB, as a result of a work related injury or illness while in the employ of the Employer, for more than twenty-four (24) months.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at upon the end completion of their probationary period and their respective seniority shall be dated back to the date of beginning of employmenttheir most recent hiring.
11.02 a. Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction. Daily call in and start times shall be in order of seniority.
b. Daily call in and start times are subject to “Equalization of Hours” in Article 8.04, conveyor truck service in Schedule A and request or need for specified truck.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07;more than eight (8) consecutive months.
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to 11.04 In case of layoffs the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in shall honour the event seniority of the employees within their classifications. The rule shall prevail that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees having most seniority shall be laid off last and recalled first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's will provide notice of lay-off as recognized under The Employment Standards Act. Additional notice may be given. The Employer will attempt to schedule lay-offs to commence at the employees start of the need for a layoffweek.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeGrievance Procedure.
11.07 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority is the ranking of employees in accordance with the number of hours worked by the employee.
11.02 Overall seniority shall be recognized by the Employer within their the employees' respective trade and job classifications.
11.03 A seniority list will be supplied to the Union and posted on a bulletin board on January 1st and July 1st of each year of this Agreement. New employees shall be placed on If there are no written complaints concerning the seniority list at in the end of their probationary period and their respective seniority thirty (30) calendar days following the posting, the list shall be dated back to the date of beginning of employmentdeemed accurate.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer 11.04 The seniority and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status employment of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasonsterminate if:
a. if the employee voluntarily quits his employmentresigns, retires or quits;
b. if the employee is discharged for a just cause and the discharge is not reversed through the grievance procedurereinstated;
c. for failure to report to work following a layoff pursuant to the terms employee is laid off in excess of Article 11.07six (6) months;
d. the employee is absent from work without a justifiable reason and does not make a reasonable effort to contact or notify the Employer with reasons satisfactory to the Employer by or on the second (2nd) consecutive work day of such unauthorized absence;
e. the employee fails to report as scheduled upon termination of a leave of absence, vacation, suspension or layoff, unless justifiable reason is given to the Employer;
f. the employee is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six twenty-four (624) monthsmonths because of illness or injury, except in including absence covered under the event that Workers' Compensation Board, subject however, to extensions being granted under the provisions of Article 15.04.
g. the employee is on Workers' Compensation and in proven guilty of theft from the Home.
a. In the event of sickness when a layoff or reduction in the employee has submitted satisfactory evidence regular scheduled hours of illnesswork, layoffs shall proceed on the basis of inverse overall seniority, provided that the remaining employee(s) are fully qualified and willing to do the work available.
b. Employees shall be returned to their classification and recalled in order of seniority provided that the employees to be recalled are fully qualified and willing to do the work which cases a period of is then available.
c. Before hiring any new employees, the Employer shall first recall employees on layoff who are qualified to perform the required work.
11.06 Whenever possible, two (2) years weeks' notice shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to be given by the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees and the Union of the need for a layoffits intention to lay off employees.
11.06 11.07 Any appeal in regard grievance with respect to a layoff must shall be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeGrievance Procedure.
11.07 Any 11.08 An employee who is laid off and subsequently recalled for must, upon receipt of such notice, return to work must return within one three (13) workday when calendar days if unemployed and within seven (7) workdays when calendar days if employed elsewhere after being recalled, or make definite arrangements with be passed over by the Employer and waive all rights for future recall. It shall be sufficient for the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or send notice to return to work within eighteenby Registered Mail to the employee's last known address.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees A. An employee's seniority shall be recognized within their respective trade and job classifications. New employees shall be placed commence on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times s/he is first hired by the Employer Town and shall be available to based on continuous service with the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdictionTown.
11.03 An employee B. Seniority shall lose his seniority govern in layoffs and shall be deemed to have quit for rehiring within a title. In the event any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and laid-off, s/he may exercise their seniority to bump into an equal or lower rated position within the discharge is not reversed through department provided s/he has the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the workduties of the position and provided their seniority is greater than any incumbent. It Excluded from the foregoing shall be those employees in Group A. Group A employees may only bump into a lower rated position within the department provided s/he has the ability to perform the duties of the positions and provided their seniority is understood greater than any incumbent. For purposes of layoff and agreed that no employee will rehiring, the two Town libraries shall be laid off if there is treated as a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offsingle department.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any C. An employee laid off and recalled because of elimination of position shall be entitled to return to the employment of the Town in the position or any other similar position for work must return which s/he is the best qualified applicant as soon as such position again becomes available within twenty- four (24) months of the layoff date; provided that such employee exercises this right within one (1) workday when unemployed month of the position being available. The only obligation of the Town shall be to give to the Union and within seven (7) workdays when employed elsewhere after being recalledto mail to the employee at the last address supplied to the Town, a notice of the availability of the position from which the employee was laid off or make definite arrangements with similar position in the Employer to returnemployee’s former department. An employee who declines a proper offer of recall hereunder shall be removed from the layoff list.
11.08 Employees who terminate their employment D. Layoff shall be defined, for the purposes of this Article, as a termination of a full-time or are laid off and who are repermanent part-hired time employee resulting from the elimination of the employee’s position by the Town or return being displaced by an employee whose position was eliminated. The Town shall notify LIUNA of any intended layoffs as soon as practicable prior to work within eighteenthe notification to any affected employees. An employee subject to layoff, shall receive written notice of such layoff no less than thirty (30) days prior to the effective date of such layoff or pay in lieu thereof.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY AND LAYOFFS. 11.01 13.01 Seniority of employees shall be considered as their length of employment from date of (re)hire and shall be recognized within their respective trade and job classificationson a company-wide basis. New employees shall be placed on the seniority list at upon the end completion of their probationary period and their respective seniority shall be dated back to the date a total of beginning four (4) months of employment.
11.02 13.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available provided to the Union for inspection to once annually in April and as requested by the extent reasonably necessary for the Union to ascertain the seniority status of Union.
13.03 Seniority rights shall cease and an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasonsbe terminated if he:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) months, except in the event that the employee consecutive months and has less than three (3) years of seniority;
e. seniority protection for those who have completed (3) years of service from date of hire will be one (1) year;
f. is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of absent from work for more than two (2) years shall apply;
f. if the employee fails consecutive days, other than a result of sickness or disability, without providing a valid reason. Employees are required to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to call the Employer is given, and is discharged as a result thereof, each day that they are sick. A Doctor’s note may be required to confirm sickness or disability which discharge is not reversed through costs will be borne by the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was grantedEmployer.
11.04 13.04 When the Employer deems it necessary to reduce the work force he shall consult with the Union on the need for layoffs. Where a reduction of in the workforce work force is inevitable, probationary employees shall be laid off first. If further reductions are necessaryThereafter, provided that the Employer shall determine retain a competent and efficient work force and provided that the order of layoff in consultation with the union employees affected have substantially equal skill, competence, efficiency, ability and in doing soqualifications, they lay-offs shall be guided determined by seniority so that the following considerations:
a. seniority standings of last hired shall be the employees;
b. ability of first laid off. Provided that the Employer shall retain a competent and efficient work force and provided that the employees to perform affected have substantially equal skill, competence, efficiency, ability and qualifications, recalls shall be determined by seniority so that the work. It is understood and agreed that no employee will be last laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case shall be the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offfirst recalled.
11.05 13.05 The Employer agrees to notify the Union of any recall and layoffs which are out of seniority sequence.
13.06 The Employer shall give one four (14) week's hours notice to the employees of the need for a layoff. In so far as possible layoffs shall take place on Fridays and recalls shall take place on Mondays for EI purposes. The company agrees to issue separation slips at an employee's first layoff date so that they can fulfil their waiting period as soon as possible. Separation slips will be made available at the office two (2) business days after the layoff, if requested by the employee. Otherwise they will be provided with the next pay.
11.06 13.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took placeGrievance Procedure.
11.07 13.08 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteenseven
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority
Section 1. Bargaining unit seniority is defined as the length of employees time an employee has been continuously employed by the Employer in a bargaining unit position at Sharp Chula Vista Medical Center Campus at 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx Xxxxx, XX. 00000. Bargaining unit seniority shall apply in the computation and determination of eligibility for all benefits where length of service is a factor pursuant to this Agreement. Job classification seniority is defined as the length of service an employee has been employed within a specific job classification at Sharp Chula Vista Medical Center Campus at 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx Xxxxx, XX. 00000. Job classification seniority shall only be recognized within their respective trade used for layoffs, recall and job classificationsvacation scheduling.
Section 2. New employees An employee's seniority shall be placed on commence after the seniority list at the end completion of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority listsperiod, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available retroactive to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status their initial date of an employee within its jurisdictionhire.
11.03 An employee Section 3. Seniority shall lose his seniority and accrue, but benefits shall be deemed to have quit for any prorated, during periods of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged authorized Leaves of Absence for a just cause and the discharge is period not reversed through the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for exceed three (3) consecutive working months, and during a period of layoff not to exceed twelve (12) months.
Section 4. An employee's seniority shall be lost when the employee terminates their employment voluntarily; is discharged for cause; fails to return following the end of an official leave of absence; is laid off for a period of twelve (12) months or a period exceeding the length of the employee's continuous service whichever is less; or fails to return to work from layoff within five (5) days without notifying after being recalled by the Employer, unless a reason satisfactory to the Employer is given;.
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in Section 5. In the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitablelayoff, probationary employees shall will be laid off first. If further reductions are necessary, the Employer Non- probationary employees shall determine the follow in inverse order of layoff in consultation with their classification seniority. In the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees event that a non-probationary employee is scheduled to perform the work. It is understood and agreed that no employee will be laid off if from one
(1) job title and there is a fellow vacancy in another job title with the same or lower wage rate, and for which the employee (has the credentials and the ability to satisfactorily perform the job, then that employee shall be offered that vacant position.
Section 6. Recall shall be accomplished in inverse order of the layoff. A part-time employee on layoff shall have recall rights to a full-time position only if they are willing to work those full-time hours.
Section 7. In the event of the discontinuation of an entire job classification, the affected employees shall be able to utilize their bargaining unit seniority to bump a the least senior employee in the same or employees) of comparable seniority lower paying job classification, provided the employee has the skill and ability to satisfactorily perform the job. In the event a Part-Time Employee, who is still entitled scheduled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off, has more seniority than a Full-Time Employee, and there are no part-time positions available, the Part-Time Employee must accept a full-time position in order to avoid layoff.
11.05 The Employer shall give Section 8. If an employee, who is affected by a layoff, has been promoted from one (1) week's notice job classification to another with the last twelve (12) months prior to the employees of layoff, that employee shall be able to use their bargaining unit seniority to bump the need least senior employee in a job classification which pays the same or lower wage rate provided that the employee has the skills, abilities and required certifications for a layoffthe position.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority is the employee's length of service with the Employer. Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary sixty (60) worked days within a period of six (6) calendar months and their respective seniority shall be dated back to the date of beginning of employmentemployment within the subject six (6) month period.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union upon request to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence unless he has a justifiable reason;
d. is absent from work laid off for three a continuous period of more than twelve (312) consecutive working days without notifying months.
11.04 In case of layoffs, the Employer, unless a reason satisfactory Employer will give such recognition to the Employer is given;
e. is absent due seniority standings of the employees as the continued proper performance of his work will permit. The following factors will be considered in determining the order of layoff and recall: -the work to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in be performed; -the competence to do the event work; -seniority; -record of performance; -attendance. All other considerations being relatively equal the rule shall prevail that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees having most seniority shall be laid off last and recalled first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood that the record of performance and agreed that no employee attendance factors will largely be laid off if there is a fellow employee (or employees) matters of comparable seniority who is still entitled discipline and as such are subject to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offconsideration under Article 21.
11.05 The Employer shall give one (1) week's week of notice of layoff or pay in lieu of notice to the employees irrespective of probationary or seniority status and will meet with a Xxxxxxx or a CLAC representative, if he so requests, at least twenty-four (24) hours prior to the need for a layoff in order to review the layoff. At the time notice of layoff is given to the employee(s), the Employer shall pay the employee(s) all unpaid wages.
11.06 The Employer shall not be required to give one (1) week of notice of layoff when equipment failure, shortage of material or other reasons beyond the control of the Employer causes a stoppage of operation.
11.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteenfive
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 a. Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer Company and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and b. There shall be deemed to have quit a separate seniority list maintained for this Collective Agreement. Daily start times and call-ins will be in accordance with the seniority list for the plant.
11.03 Seniority rights shall cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Company;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedureGrievance Procedure;
c. for failure fails to report return to work following a layoff pursuant within five (5) days after notification to his address on record with the terms of Article 11.07Company;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon on the termination first day following the expiration of an authorized a leave of absence, unless he has a reason satisfactory acceptable to the Employer Company; provided that the Company, in determining whether or not the reason for the employee's failure to report is givenacceptable, and will exercise its judgement in a reasonable manner; e. is discharged as laid off for a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave continuous period of absence for purposes other more than those for which the leave of absence was grantedtwelve (12) consecutive months.
11.04 When a reduction In case of layoffs, the Company will give such recognition to the seniority standings of the workforce is inevitableemployees as the continued proper performance of his work will permit. Ability to perform available work being relatively equal, probationary employees the rule shall prevail that the employee having most seniority shall be laid off last and recalled first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one three (1) workday when unemployed and within seven (73) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer Company to return.
a. Employees for whom no work is available for three (3) consecutive working days shall, upon request, receive their Record of Employment (XXX) and shall be considered laid off. However, the Company may call employees according to seniority on day to day basis requesting them to report for work when available and if such employees performed such work on an irregular basis, while laid off, such layoff shall not be considered as terminated.
b. If a plant closure is planned and the closure will be greater than two (2) weeks, the Company will provide employees with a two (2) week written notice of such plant closure. If a plant shutdown is planned for maintenance or repair and the shutdown will be greater than two (2) weeks, the Company will provide employees with a one (1) week written notice.
11.07 Union members who serve the Company outside of the bargaining unit retain seniority as well as the right to come back into the unit for a period of up to six (6) months. After that an employee would normally lose seniority unless specific agreement is made with the Union to the contrary.
11.08 Employees who terminate their employment or are laid off It is understood and who are re-hired or return agreed when concrete needs to be delivered that mixer drivers will be called in to do the work within eighteenin order of seniority as outlined in Article 11.02.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees A new employee shall be placed on the seniority list at the end of their the probationary period and their respective his seniority shall be dated back to the date of beginning of employmenthis last hiring.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdictionupon request.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause (and the discharge is not reversed through the grievance procedure);
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) consecutive months; or
e. fails to return to work after a layoff within seven (7) workdays after notification to his address on record with the Employer.
11.04 In case of layoffs, except in the event Employer will give such recognition to the seniority standings of the employees as the continued proper performance of the work will permit. Ability to perform available work being relatively equal, the rule shall prevail that the employee is on Workers' Compensation and in having the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees most seniority shall be laid off last and recalled first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's ’s notice of layoff to the employees of and will meet with a Xxxxxxx or a CLAC Representative, if so requested, at least twenty-four (24) hours prior to the need for a layofflayoffs in order to review the layoffs.
11.06 The Employer shall not be required to give notice of layoff as described in Article 11.05 when equipment failure or shortage of material causes a stoppage of operation or inclement weather interferes with the Employer's operation.
11.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five three (53) workdays after the layoff took placeof receiving notice of layoff.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Section 1. Seniority of employees shall be recognized within their respective trade defined as the length of time an employee has worked continuously for the Employer in any capacity since his/her most recent date of hire. An
Section 2. Seniority shall not accrue to the benefit of any newly-hired employee until the completion of the applicable introductory period. During this applicable introductory period, the Employer shall have the sole right to discharge or otherwise terminate the employment of any employee for any reason it may determine without the necessity of any explanation to the Union; and job classificationsthe Employee shall have no right of recourse against the Employer as a result thereof. New employees shall be placed on Upon the seniority list at completion of the end applicable introductory period of their probationary period employment and their respective the continued employment of the employee by the Employer, his seniority shall be dated back to become effective as of the date of beginning of employmenthire.
11.02 Section 3. Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union terminated or broken for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasons:
a. if the employee voluntarily quits his employmentvoluntary quit;
b. if the employee is discharged discharge for a just cause and the discharge is not reversed through the grievance procedurecause;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years (employees with two or more years service shall apply;have a two year recall; employees with less than two years service shall have one year recall); or
f. if d. failure to return to work in accordance with the employee fails to report for work upon the termination terms of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a approved leave of absence for purposes other than those for which the leave of absence was grantedor in accordance with a recall after layoff as provided herein.
11.04 When Section 4. Seniority shall govern with respect to any layoff and/or recall issues.
Section 5. The Union shall be notified in writing of all layoffs at least one (1) week prior to implementation. If a reduction in force requiring a layoff of bargaining unit members becomes necessary, the workforce is inevitableparties shall meet to confer about alternative possibilities to layoff or alternative plans. If no alternatives are adopted by mutual agreement, probationary bargaining unit employees in the affected program and shift will be laid off after temporary employees have been terminated. Residential Program Layoffs: In the event of layoffs, the Employer shall retain the discretion to determine the number of full-time employees and the number of part-time employees to be selected for layoff. Day Program Layoffs: Layoff for lack of work in a particular classification shall be in the order of seniority, the junior employee to be laid off first.
Section 6. If further reductions Laid off employees eligible for recall shall have the right to bid on any vacancies for which they are necessaryotherwise eligible/qualified while they remain on ‘eligible for recall’ status. Therefore, the Employer laid off employee(s) shall determine receive the order of same consideration as any other employee.
Section 7. Employees on layoff in consultation shall not be denied further consideration for recall, that is, re-employment with the union and in doing soEmployer, by having declined to accept re-employment to a position on a different shift or position with different weekly hours from which they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be were laid off.
11.05 The Employer Section 8. All recall rights shall give extinguish as follows: employees with two or more years service shall have a two year recall after layoff; employees with less than two years service shall have one (1) week's notice to the employees of the need for a year recall after layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen. Wages
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority Employee lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee 11.02 Seniority/Recall rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedureGrievance Procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he has a justifiable reason;
d. is absent from work laid off for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for continuous period of more than six (6) consecutive months.
11.03 When the Employer deems it necessary to reduce the work force, except he shall consult the Union on the need for layoffs. When, in the event that the employee is on Workers' Compensation and in the event opinion of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is givenand the Union, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer and the Union shall jointly determine the order of a layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability Ability of the employees to perform work
b. Length of service of the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's weeks’ notice to the employees of the need for a layoff or one (1) weeks’ pay in lieu of notice. Such notice is copied to the Union. At the request of either party the parties will meet with a Xxxxxxx present immediately after the giving of such notice to review the situation. The Employer shall be required to give one (1) hours notice of layoff or pay in lieu when circumstances beyond the control of the Employer cause a layoff.
11.06 11.04 Any appeal in regard to a layoff lay-off must be taken up under the first step of the grievance procedure Grievance Procedure hereinafter set forth within five (5) workdays after the notice of layoff took placehas been given or should have been given.
11.07 11.05 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment 11.06 The recall of employees shall follow the same procedure and considerations as used for the layoff of employees as set out above. More specifically, the Union is consulted, ability and length of service are considered, and new employees are not hired while there are suitable employees with recall rights still laid off.
11.07 Any appeal in regard to a recall must be taken up under the first step of the Grievance Procedure hereinafter set forth, within five (5) workdays after the recall took place or are laid off and who are re-hired within five (5) workdays after the employee knew or return to work within eighteenshould have known about the recall.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority Section 1. Bargaining unit seniority is defined as the length of employees lime an employee has been continuously employed by the Employer in a bargaining unit position. Bargaining unit seniority shall be recognized within their respective trade apply in the computation and job classificationsdetermination of eligibility for all benefits where length of service is a factor pursuant to this Agreement.
Section 2. New employees An employee's seniority shall be placed on commence after the seniority list at the end completion of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority listsperiod, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available retroactive to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status their initial date of an employee within its jurisdictionhire.
11.03 An employee Section 3. Seniority shall lose his seniority and accrue, but benefits shall be deemed to have quit for any prorated, during periods of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged authorized Leaves of Absence for a just cause and the discharge is period not reversed through the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for exceed three (3) consecutive working months, and during a period of layoff not to exceed twelve (12) months.
Section 4. An employee's seniority shall be lost when s/he terminates voluntarily; is discharged for cause; fails to return following the end of an official leave of absence; is laid off for a period of twelve (12) months or a period exceeding the length of the employee's continuous service whichever is less; or fails to return to work from layoff within five (5) days without notifying after being recalled by the Employer, unless a reason satisfactory to the Employer is given;.
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in Section 5. In the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitablelayoff, probationary employees shall will be laid off first. If further reductions are necessary, the Employer Non- probationary employees shall determine the follow in inverse order of layoff in consultation with their classification seniority. In the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees event that a Non-probationary employee is scheduled to perform the work. It is understood and agreed that no employee will be laid off if from one job title and there is a fellow vacancy in another job title in the same or lower wage grade, and for which the employee (or employees) of comparable has the credentials and the ability to satisfactorily perform the job, then that employee shall be offered that vacant position. In the event that a part-time employee has more seniority than a full-time employee who is still entitled scheduled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off, the part-time employee must accept the Full-Time hours to continue to work.
11.05 The Employer Section 6. Recall shall give be accomplished in inverse order of the layoff. A part-time employee on layoff shall have recall rights to a full-time position only if they are willing to work those full-time hours.
Section 7. If the affected employee has been promoted from one job classification to another with three (13) week's notice months prior to the layoff, that employees of shall be able to use his/her bargaining unit seniority to bump back the need for a layoffleast senior employee in the same or lower wage grade.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority is defined as length of service with the Employer. Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary a three (3) month trial period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority listswill be tracked for the purposes of layoff by dividing Journeypersons into the following divisions: Residential, Commercial and Service. Apprentices/Helpers shall continue to intermingle from one division to the accuracy of which has been agreed other and will be laid off according to on behalf of the Union in writing seniority, skill, and ability.
11.03 Seniority lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee 11.04 Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) consecutive months.
11.05 In case of layoffs the Employer will give such recognition to the seniority standings of the employee within his job classification as the continued proper performance of his work will permit. Ability to perform available work being relatively equal, except in the event rule shall prevail that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees having most seniority shall be laid off last and recalled first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 11.06 The Employer shall endeavour to give one employees three (13) week's calendar days notice to the employees of the need for a layofflayoff where possible.
11.06 11.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the notice of layoff took placehas been given.
11.07 11.08 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven five (75) workdays when employed elsewhere after being recalled, recalled or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 12.01 Seniority is the ranking of employees shall be recognized in accordance with their length of employment within their respective trade and job classifications. New employees Seniority and service shall be placed calculated on the basis that each 1800 hours' paid equals one (1) year with any remaining portion pro-rated.
12.02 The Employer shall maintain a seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be make copies available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status each January and July showing date of an employee within its jurisdictionhire and hours' paid.
11.03 12.03 An employee's seniority rights shall cease to exist and the employee shall lose his seniority and shall be deemed to have quit for any of the following reasonsterminated employment if an employee:
a. if Voluntarily quits the employee voluntarily quits his employment;employ of the Employer.
b. if the employee is Is discharged for a just cause and the such discharge is not reversed through the grievance procedure;.
c. for failure Fails to report to work on the first day following the expiration of a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a justifiable reason satisfactory is given.
d. Is laid off for a continuous period of more than twelve (12) months.
e. Has been absent for two (2) consecutive working days without having notified the Employer, unless a justifiable reason is given.
f. Retires or is retired (per Xxxx 211 – Ending Mandatory Retirement Statute Law Amendment Act, 2005).
g. Is off work due to illness or accident for a period of twenty-four (24) months.
a. When it is necessary to reduce or alter the working force of employees, the following procedure will apply, provided it does not prevent the Employer from maintaining a workforce of employees who are qualified to do the work available. For all employees, it is agreed and understood that a reduction in the number of scheduled hours in a week does not constitute a layoff unless the employee has his/her hours reduced in excess of ten percent (10%) of their hours. Such reduction shall be seen as a layoff. Affected employee(s) shall be entitled to exercise their bumping rights in accordance with this provision.
a. In the case of layoffs, the Employer will recognize the seniority standing of each employee as the continued performance of her work permits according to the Employer is givenfollowing. Ability to perform available work being relatively equal in the Employer’s judgment, and is discharged as a result thereofseniority shall prevail, which discharge is not reversed through so that the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which having the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees highest seniority shall be laid off last and recalled first, provided that the employee has the necessary basic skill, ability and qualifications where immediately required, or where not immediately required, within a specified time frame. Subject to the foregoing, an employee to be laid off shall first displace the least senior employee with a relatively equal number of regularly scheduled hours, (that is not more than 10 percent (10%) than her regularly scheduled position) within her shift. If further reductions are necessarythere is no less senior employee with a relatively equal number of regularly scheduled hours on her shift, or if the employee to be laid off is the least senior employee on her shift, then she shall displace the least senior employee with a relatively equal number of regularly scheduled hours on another shift. If the employee to be laid off chooses, she may displace the least senior employee on her shift with a lessor number of regularly scheduled hours. If there is no such employee on her shift, she may displace a less senior employee with a lesser number of regularly scheduled hours on another shift. Under no circumstances may a part time employee displace a full time employee under the above procedure.
b. The Employer shall make every effort to minimize the effect on regularly scheduled positions where this can be reasonably accommodated within the work schedule and the operations of the Home. Where less than ten percent (10%) of the hours biweekly have been reduced within a classification, prior to the Employer subsequently reinstating those hours, the Employer will make every effort to reinstate those hours to the employees who were reduced before new positions are added within that classification or an employee is recalled to that classification from a full layoff. For short-term layoffs (less than thirteen [13] weeks duration] the Employer, whenever possible, shall determine give the order of layoff in consultation with employees concerned, as well as the union and in doing soUnion, they shall be guided by the following considerations:
a. seniority standings a two (2) week notice of the employees;
b. ability of the employees intention to perform the worklay off employee(s). It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's Such notice to the Union shall not be in addition to the notice provided to individual employees.
c. When reductions of less than ten percent (10%) occur, the Employer will endeavour to ensure that the reductions come from lines of least seniority.
12.06 The Employer, whenever possible, shall give the Union and the employees concerned four (4) weeks’ notice of the need for a layoffintention to lay off employees when the layoff is expected to be permanent or long-term [in excess of thirteen (13) weeks duration]. Such notice to the Union is not in addition to the notice provided to employees. Length of notice to individual employees shall be in accordance with the Employment Standards Act.
11.06 Any appeal in regard 12.07 An employee whose position is subject to a layoff must be taken up under or reduction of hours shall have the first step of right at the grievance procedure hereinafter set forth within employee’s option to either: accept the layoff or reduction, or
05 a) An employee will have five (5) workdays after calendar days following written notification to indicate their choice. Failure to indicate within the above time limit will be deemed to mean that the layoff took placeor reduction is accepted.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 14.01 Seniority is bargaining unit wide and is based upon the length of employees service since the last date of hire, specifically accumulated by regular hours paid. For the purpose of calculation, 1950 hours paid equals one year’s seniority. Seniority shall be recognized within their respective trade relied upon for issues such as a lay-off, vacation selection, job postings, and job classificationsrecall. New employees Hours paid shall be placed include all hours worked and paid for, all hours not worked and paid for by the Employer, WSIB (or substitute), and all time off on the Pregnancy/Parental leave.
14.02 The Employer shall maintain and post a seniority list at of all employees in the end of their probationary period bargaining unit and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be make copies available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status on or about January 1st and July 1st of an employee within its jurisdictioneach year.
11.03 14.03 An employee shall lose his her seniority and her employment shall be deemed to have quit for any of terminated in the following reasonsevent that she:
a. if the employee voluntarily quits his employmentresigns her employment or abandons her position;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant leave of absence, unless a justifiable reason is given acceptable to the terms of Article 11.07General Manger;
d. is laid off for a continuous period of more than eighteen (18) months;
e. has been absent from work for three (3) consecutive working days without notifying having notified the Employer, unless a justifiable reason satisfactory is given acceptable to the Employer is givenGeneral Manager;
e. f. retires;
g. is absent off work due to layoff illness or longaccident for a period up to a maximum of twenty-term disabilityfour (24) months, provided there is no reasonable likelihood that she will return to work in the foreseeable future;
h. has been receiving work related accident insurance payments, as a result of a work related injury or bothillness while in the employ of the Employer, which absence continues for more than six twenty-four (624) months, except provided there is no reasonable likelihood that she will return to work in the event that foreseeable future;
14.04 In cases of layoff and recall, seniority, as defined in this Article shall determine the order in which employees are laid off or recalled, provided the employee is on Workers' Compensation qualified to do the work. In all cases of layoff, the Employer will determine the employees who will be subject to the layoff, and the employees who may be affected by same. Employees will be presented with their options at a meeting with the General Manager and a Union Xxxxxxx. A meeting will be scheduled within three (3) working days of this initial meeting for the purpose of allowing employees to select their option. All employees will be required to indicate their option at that meeting. Should an employee not be able to attend the meeting she should advise the Employer of a number at which she can be reached. When it is necessary to reduce/alter the working force of employees, the following procedure will apply, provided it does not prevent the Employer from maintaining a workforce of employees who are qualified to do the work available. For all employees, it is agreed and understood that a reduction in the event number of sickness when scheduled hours in a week does not constitute a layoff unless the employee has submitted satisfactory evidence his/her hours reduced in excess of illness7.5 hours biweekly in a eighteen (18) month period. Affected employee(s) shall be entitled to exercise their bumping rights in accordance with this provision.
14.05 In cases of layoff, in which cases a period employees will be given the right to either:
a. Accept the layoff. In the case of recall from layoff, the employee must return to work within two (2) years shall apply;
f. working days if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when working days if employed elsewhere. An employee employed elsewhere after being recalled, or make definite arrangements with shall notify the Employer of her intent to return within two (2) working days of receipt of the notice of recall. It shall be sufficient for the Employer to returnmake contact by telephone, failing which the Employer will send a notice by registered mail to the employee’s last known address. An employee shall be recalled, in order of seniority, to an available opening provided the employee has the ability and qualifications to perform the work.
11.08 b. Displace a less senior employee in the bargaining unit in a lower or identical paying classification, provided the employee is qualified for and can perform the duties of the lower or identical paying classification without training, other than orientation should the employee not find a more junior employee in an equal or lower paying classification she is entitled to bump an employee, subject to the restrictions above, in a classification where the pay grid is within ten percent (10%) of her own. Such employee so displaced shall be laid off. The decision of the employee shall be given to the General Manager or her designate at the meeting held for that purpose following receiving the notification of layoff. Employees who terminate their employment or are laid off and who are re-hired or return failing to work within eighteenprovide such notice will be deemed to have accepted the layoff.
14.06 Notice of layoff shall be given by the Employer to the employee concerned, as well as to the Union, in accordance with the Employment Standards Act.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority and shall be deemed to have quit cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure fails to report to work on the first day following the expiration of a layoff pursuant to the terms leave of Article 11.07absence, unless he provides reasonable justification for such absence;
d. is absent from laid off for a continuous period of more than six (6) consecutive months;
e. or fails to report for work without notice, for three (3) consecutive working days without notifying the Employerdays, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues he provides reasonable justification for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of such absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer and the Union shall jointly determine the order of layoff in consultation with the union and in doing so, so they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the available work. It is understood and agreed that no employee will be laid off if ;
c. in the event there is a fellow employee (or employees) of comparable dispute, seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offshall prevail.
11.05 In the event of a layoff of at least twenty (20) working days, or the removal of a particular classification, the employee(s) directly affected by the layoff may apply prior to the actual layoff for another job classification providing the employee(s) has more seniority and the qualifications, skill and ability to perform the work in that classification.
11.06 The Employer shall give one (1) week's notice of layoff when possible.
11.07 The Employer shall not be required to give one (1) week's notice of layoff when equipment failure, shortage of material, or other reasons beyond the employees control of the need for Employer cause a layoffstoppage of operation.
11.06 11.08 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure Grievance Procedure hereinafter set forth within five (5) workdays work days after the layoff took place.
11.07 11.09 Any employee laid off and recalled for work must return within one four (14) workday work days when unemployed and within seven (7) workdays when employed elsewhere elsewhere, after being recalledthe Employer has sent such employee notice of recall by registered mail or courier delivery to his last known address on record, or make definite arrangements with the Employer to return. It is the responsibility of the employee to advise the Employer of his last address.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority is defined as length of employees shall be recognized within their respective trade and job classificationsservice with the Employer. New employees shall be placed on the seniority list at upon the end successful completion of their the probationary period and their respective and, at that time, seniority shall be dated attributed back to the date employment commenced. Effective February 1, 2012 to January 31, 2014, seniority will be tracked for the purposes of beginning of employmentlayoff by dividing the workforce (those who are licensed Journeypersons, Sheet Metal Mechanics, Refrigeration Mechanic, Plumbers, etc.) into the following divisions: Residential, Commercial, Plumbing and Service. Apprentices/”Helpers” shall continue to intermingle from one division to the other and will be laid off according to seniority, skill, ability, experience and efficiency.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing A seniority list shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee Seniority rights shall lose his seniority cease, and shall be deemed to have quit employment will end, for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Company;
b. if the employee is discharged for a just cause and the discharge is not reversed through the grievance procedureor for other legitimate reason;
c. is laid off for failure to report to work following a layoff pursuant to the terms period of Article 11.07more than six consecutive (6) consecutive months or;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason reasons satisfactory to the Employer is givenCompany;
e. is absent due fails to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in notify the event that the employee is on Workers' Compensation and in the event Company of sickness when the employee has submitted satisfactory evidence of illnessany absence, in which cases a period advance of two (2) years shall applythe absence, without legitimate reason and without supporting documentation satisfactory to the Company;
f. if the employee fails to report for return to work upon the termination of an authorized leave of absencewithin three (3) days after being recalled from lay-off through notice by either telephone, unless a reason satisfactory to the Employer is givenregistered mail, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure hereincourier or e-mail;
g. if an employee utilizes fails to return to work on the day after the expiry of a leave of absence without legitimate reason and without supporting documentation satisfactory to the Company;
h. is working for purposes other than those for which the another employer while on a leave of absence was grantedor otherwise misuses or abuses a leave of absence;
i. retires;
j. is determined by the Company to have made an untruthful statement on his application for employment; this sub-article (j) shall only be applicable to employees hired on or after the date the Collective Agreement is ratified; and,
k. presents false, altered or untruthful documentation and/or information in response to inquiries or requests from the Company.
11.04 When a reduction a. In case of layoffs, the Employer will give such recognition to the seniority standings of the workforce is inevitableemployee as the continued proper and efficient performance of its work will permit. In the case that the factors of skill, probationary employees ability, qualifications, experience and efficiency in performing the work are equal as between employees, the employee having the most seniority shall be laid off last and recalled first.
i. In the case where a senior employee requires additional training/certification in order to avoid being laid off ahead of a less senior employee, and such training/certification can be successfully completed in a reasonable amount of time, relative to the completion date of the specific project which requires such specific training/certification, such training/certification shall be provided to the senior employee.
ii. If further reductions are necessaryWhere such training/certification cannot be completed in a reasonable amount of time, relative to the completion date of the specific project which requires such training/certification, the Employer less senior employee shall determine avoid layoff until such time as the order of layoff in consultation with specific work on the union and in doing so, they shall be guided by project requiring the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It additional training/qualifications is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid offcompleted.
11.05 A lay-off shall not be considered to have occurred for purposes of this Collective Agreement unless the Company is unable to provide an employee with work for more than five (5) consecutive days. The Employer shall give one three (13) week's days general notice to the employees of the need for a layoff.
11.06 Any appeal in regard lay-off to a layoff must be taken up under the first step of employee(s) affected and to the grievance procedure hereinafter set forth within five (5Union xxxxxxx(s) workdays immediately after the layoff took placegiving of such notice to employee(s) to review the situation.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 10.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their a one hundred and twenty (120) day probationary period and their respective seniority shall be dated back to the date of beginning of employmenttheir last hiring.
11.02 10.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee 10.03 Seniority rights shall lose his seniority and shall be deemed to have quit cease for any employee who:
a) voluntarily quits the employ of the following reasons:
a. if the employee voluntarily quits his employmentEmployer;
b. if the employee b) is discharged for a just cause and the such discharge is not reversed through the grievance procedure;
c. for failure c) fails to report on the first day following the expiration of a leave of absence unless he has a justifiable reason;
d) is laid off for a continuous period of more than twelve (12) consecutive months;
e) fails to return to work following after a layoff pursuant within seven (7) workdays after notification to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to his address on record with the Employer is given;
e. is absent due or fails to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in notify the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of Employer within two (2) years shall apply;workdays of his intention to return.
f. if 10.04 In case of layoffs, the Employer will give such recognition to the seniority standings of the employee fails as the continued proper performance of his work will permit. Ability to report for perform available work upon being relatively equal, the termination of an authorized leave of absence, unless a reason satisfactory to rule shall prevail that the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees having most seniority shall be laid off last and recalled first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 10.05 The Employer shall give one (1) week's notice of layoff to the employees of and will meet with a xxxxxxx or a CLAC Representative, if he so requests, at least twenty-four (24) hours prior to the need for a layofflayoffs in order to review the layoffs.
11.06 10.06 The Employer shall not be required to give one (1) week's notice of layoff when equipment failure or shortage of material cause a stoppage of operation or inclement weather interferes with the Employer's operation.
10.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five three (53) workdays after the layoff took place.
11.07 10.08 Any employee laid off and recalled for work must return within one two (12) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, recalled or make definite arrangements with the Employer to return.
11.08 Employees 10.09 Any employee who terminate their employment or are laid off and who are re-hired or return voluntarily quits the employ of the Employer shall give one (1) week's notice to work within eighteenthe Employer to enable the Employer to hire adequate replacement.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees A. An employee's seniority shall be recognized within their respective trade and job classifications. New employees shall be placed commence on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times s/he is first hired by the Employer Town and shall be available to based on continuous service with the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdictionTown.
11.03 An employee B. Seniority shall lose his seniority govern in layoffs and shall be deemed to have quit for rehiring within a title. In the event any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and laid- off, s/he may exercise their seniority to bump into an equal or lower rated position within the discharge is not reversed through department provided s/he has the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the workduties of the position and provided their seniority is greater than any incumbent. It Excluded from the foregoing shall be those employees in Group A. Group A employees may only bump into a lower rated position within the department provided s/he has the ability to perform the duties of the positions and provided their seniority is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up greater than any remaining vacation to which he is entitled before others will be laid offincumbent.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any C. An employee laid off and recalled because of elimination of position shall be entitled to return to the employment of the Town in the position or any other similar position for work must return which s/he is the best qualified applicant as soon as such position again becomes available within twenty-four (24) months of the layoff date; provided that such employee exercises this right within one (1) workday when unemployed month of the position being available. The only obligation of the Town shall be to give to the Union and within seven (7) workdays when employed elsewhere after being recalledto mail to the employee at the last address supplied to the Town, a notice of the availability of the position from which the employee was laid off or make definite arrangements with similar position in the Employer to returnemployee’s former department. An employee who declines a proper offer of recall hereunder shall be removed from the layoff list.
11.08 Employees who terminate their employment D. Layoff shall be defined, for the purposes of this Article, as a termination of a full-time or are laid off and who are repermanent part-hired time employee resulting from the elimination of the employee’s position by the Town or return being displaced by an employee whose position was eliminated. The Town shall notify LIUNA of any intended layoffs as soon as practicable prior to work within eighteenthe notification to any affected employees. An employee subject to layoff, shall receive written notice of such layoff no less than thirty (30) days prior to the effective date of such layoff or pay in lieu thereof.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority shall be based upon an employee's length of service from their date of hire. In the case of employees shall be recognized within their respective trade and job classifications. New employees shall be placed hired on the same day, seniority will be assigned by the alphabetical order of their last names. Employees will continue employment in their work location from year-to-year. The Employer will cease its prior practice of sending individual contracts to employees before each school year. The Employer shall furnish the Union with an updated seniority list at on the end of their probationary period and their respective seniority shall be dated back to the effective date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer Agreement and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and the discharge is not reversed through the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for every three (3) consecutive working days without notifying months thereafter. In all cases of filling vacancies, length of service shall govern. Employees shall accumulate seniority when absent for justifiable reasons, including, but not limited to, leaves granted under the Employerprovisions of the Family and Medical Leave Act, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disabilitysickness, or bothjury duty, which absence continues for more than six (6) monthsmaternity leave, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illnessmilitary service, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those Union activity and layoff due to lack of work for which up to a maximum of one (1) year. The Employer shall do everything possible to avoid layoffs. In the leave of absence was granted.
11.04 When event a reduction layoff becomes necessary, the affected employees shall be given five (5) working days’ notice, in addition to the day of the workforce is inevitablenotice, probationary employees and a copy thereof shall be delivered to the Union xxxxxxx. Employees last hired shall be laid off first. If further reductions are necessary, Laid off employees shall have the Employer right to bump less senior employees out of their positions before being laid off. Such bumped employees shall determine then receive the order of layoff in consultation with same rights to bump less senior employees. An employee may lose seniority if the union and in doing so, they shall be guided by the following considerationsemployee:
a. seniority standings of the employeesA. Quits or is discharged for just cause;
b. ability of the employees B. Retires;
C. Fails to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need report for a layoff.
11.06 Any appeal in regard to a work after layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after working days of notification by certified letter to return to work. It shall be the layoff took place.responsibility of the employee to keep the Employer advised of their current address;
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements D. In the event that the Employer loses its contract with the Employer school district. Recall rights shall be granted to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return employees as follows: 90 days to work within eighteen1 year Equal to time worked 1 to 2 years 12 months 2 to 3 years 24 months Over 3 years 36 months
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY AND LAYOFFS. 11.01 Seniority of employees A. An employee's seniority shall be recognized within their respective trade and job classifications. New employees shall be placed commence on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times s/he is first hired by the Employer Town and shall be available to based on continuous service with the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdictionTown.
11.03 An employee B. Seniority shall lose his seniority govern in layoffs and shall be deemed to have quit for rehiring within a title. In the event any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and laid-off, s/he may exercise their seniority to bump into an equal or lower rated position within the discharge is not reversed through department provided s/he has the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the workduties of the position and provided their seniority is greater than any incumbent. It Excluded from the foregoing shall be those employees in Group A. Group A employees may only bump into a lower rated position within the department provided s/he has the ability to perform the duties of the positions and provided their seniority is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up greater than any remaining vacation to which he is entitled before others will be laid offincumbent.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any C. An employee laid off and recalled because of elimination of position shall be entitled to return to the employment of the Town in the position or any other similar position for work must return which s/he is the best qualified applicant as soon as such position again becomes available within twenty- four (24) months of the layoff date; provided that such employee exercises this right within one (1) workday when unemployed month of the position being available. The only obligation of the Town shall be to give to the Union and within seven (7) workdays when employed elsewhere after being recalledto mail to the employee at the last address supplied to the Town, a notice of the availability of the position from which the employee was laid off or make definite arrangements with similar position in the Employer to returnemployee’s former department. An employee who declines a proper offer of recall hereunder shall be removed from the layoff list.
11.08 Employees who terminate their employment D. Layoff shall be defined, for the purposes of this Article, as a termination of a full-time or are laid off and who are repermanent part-hired time employee resulting from the elimination of the employee’s position by the Town or return being displaced by an employee whose position was eliminated. The Town shall notify LIUNA of any intended layoffs as soon as practicable prior to work within eighteenthe notification to any affected employees. An employee subject to layoff, shall receive written notice of such layoff no less than thirty (30) days prior to the effective date of such layoff or pay in lieu thereof.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY AND LAYOFFS. 11.01 12.01 Seniority is the employee's length of service with the Employer. Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their a three (3) month probationary trial period and their respective seniority shall be dated back to the date of beginning of employmenttheir last hiring.
11.02 12.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his 12.03 Grounds for termination exist and seniority and shall be deemed to have quit rights cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07more than twelve (12) consecutive months;
d. fails to return to work within seven (7) workdays after notification to his address on record with the Employer or fails to notify the Employer within two (2) workdays of his intention to return.
e. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;full workdays, without a justifiable reason for not notifying the employer.
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to 12.04 When the Employer is givendeems it necessary to reduce the working force, he shall inform the Union on the need for layoffs. When, in the opinion of the Employer and is discharged as a result thereofthe Union, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of in the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer and the Union shall jointly determine the order of layoff in consultation with the union layoffs and in doing so, so they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAYOFFS. 11.01 12.01 Seniority is the employee's length of service with the Employer. Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary a three (3) month trial period and their respective seniority shall be dated back to the date of beginning of employmenttheir last hiring.
11.02 12.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his 12.03 Grounds for termination exist and seniority and shall be deemed to have quit rights cease for any of the following reasonsemployee who:
a. if the employee voluntarily quits his employmentthe employ of the Employer;
b. if the employee is discharged for a just cause and the such discharge is be not reversed through the grievance procedure;
c. is laid off for failure to report to work following a layoff pursuant to the terms continuous period of Article 11.07more than twelve (12) consecutive months;
d. fails to return to work within seven (7) workdays after notification to his address on record with the Employer or fails to notify the Employer within four (4) workdays of his intention to return.
e. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;full workdays, without a justifiable reason for not notifying the employer.
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to 12.04 When the Employer is givendeems it necessary to reduce the working force, he shall consult the Union on the need for layoffs. When, in the opinion of the Employer and is discharged as a result thereofthe Union, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of in the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer and the Union shall jointly determine the order of layoff in consultation with the union layoffs and in doing so, so they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 a. The Employer shall give one (1) week's notice of layoff to the employees of and will meet with a Xxxxxxx or a CLAC representative, if he so requests, at least twenty-four (24) hours prior to the need for a layofflayoffs in order to review the layoffs.
11.06 b. The Employer shall not be required to give one (1) week's notice of layoff when equipment failure or shortage of material cause a stoppage of operation or inclement weather interferes with the Employer's operation.
12.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five three (53) workdays after the layoff took place.
11.07 12.07 Any employee laid off and recalled for work must return within one four (14) workday workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, recalled or make definite arrangements with the Employer to return.
11.08 Employees 12.08 Any employee who terminate their employment or are laid off and who are re-hired or return voluntarily quits the employ of the Employer shall give one (1) week's notice to work within eighteenthe Employer to enable the Employer to hire adequate replacement. If the employee does not provide such notice, he shall receive four percent (4%) vacation pay upon termination.
Appears in 1 contract
Samples: Collective Agreement
