Seniority in Layoff Sample Clauses

Seniority in Layoff. Employees will be laid off by classification within the department with the least senior employees laid off first. a. If two (2) or more employees have equal seniority, per Section 16.1, the tie shall be broken as follows, with most credit given to: 1. Length of continuous service with Employer 2. Length of continuous service in the job classification 3. Coin toss a) All impacted employees, at least one union representative and one Human Resources representative shall be present at the time of the coin toss. b) A union officer or business representative shall toss the coin unless another person is designated by mutual consent of the parties. c) The coin shall be tossed in as many rounds as needed to narrow the selection of employees. i) Heads shall indicate more seniority, tails shall indicate less. ii) The coin shall be tossed for each employee individually to determine the level of seniority. b. Part-time Employee: Seniority shall be calculated the same as a full-time employee. c. Job-Share: Seniority shall be calculated respective of each job share participant. Should the least senior employee in a job share position be laid off, the remaining job share partner shall be treated as a part-time employee. d. Limited Duration: Employees newly hired into limited duration AFSCME positions shall not be entitled to any layoff or seniority rights under this agreement until they have been employed continuously for three (3) years in the limited duration position. At that time they will receive seniority back to their hire date into the limited duration position they currently hold. If a regular AFSCME employee transitions to a limited duration position without a break in service from the regular status AFSCME position, the employee shall have layoff and seniority rights to the employee’s former regular status AFSCME classification based on the employee’s seniority in that classification.
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Seniority in Layoff. In the event of a layoff or the recalling of laid off Employees, seniority shall govern it being understood that: (a) Provided that the remaining Employees have the sufficient ability and qualifications to handle the work to be done, the most junior Employees in the affected classification will be laid off. (b) A laid off Employee shall have the right to displace a junior Employee outside of their classification at the appropriate rate of pay for said classification into which the Employee bumps into, provided the more senior Employee has sufficient ability and qualifications to handle the work. (c) Laid off Employees shall be recalled in order of their seniority into their classification, an equivalent classification, or lower paid classification, with the laid off Employees having their choice of such available positions in order of their seniority should such choice exist, provided the more senior Employee has sufficient ability and qualifications to handle the work to be done. Employees desiring to avail themselves of this rule must keep their names, phone numbers, email and addresses with the Employer and thereafter keep the Employer informed of their current address, email and phone number.
Seniority in Layoff. Employees will be laid off by classification within the department with the least senior employees laid off first. a) If two (2) or more employees have equal seniority, per Section 16.1, the tie shall be broken as follows, with most credit given to: 1. Length of continuous service with Employer 2. Length of continuous service in the job classification 3. Coin toss b) All impacted employees, at least one union representative and one Human Resources representative shall be present at the time of the coin toss. c) A union officer or business representative shall toss the coin unless another person is designated by mutual consent of the parties. d) The coin shall be tossed in as many rounds as needed to narrow the selection of employees. 1. Heads shall indicate more seniority, tails shall indicate less. 2. The coin shall be tossed for each employee individually to determine the level of seniority.
Seniority in Layoff. 1. In the event that a reduction in force (layoff) is necessary, the principle of seniority shall apply, and such reductions shall take place with those aides with the least service in their respective job classification. 2. Three (3) seniority lists shall be developed (labeled Seniority List A, Seniority List B, and Seniority List C). Each List is the “job classification” referred to in A. above. 3. Seniority List A shall consist of instructional aides and specialist aides. This is a single list, not separately by these titles. Time spent in either position by an employee shall be counted toward seniority. Each employee’s service shall be shown as months served. A day in a pay status is counted as a month of service. “Pay status” means at work, or on a paid leave of absence. 4. Seniority List B shall consist of non-instructional aides. Each employee’s service shall be shown as months served. A day in a pay status is counted as a month of service. “Pay status” means at work, or on a paid leave of absence. For each month that an aide on the B List worked, that month is counted as 1 month. 5. Seniority List C shall consist of security aides. Each employee’s service shall be shown as months served. A day in a pay status is counted as a month of service. “Pay status” means at work, or on a paid leave of absence. 6. If an employee on the A List has worked in a position on the B List, she/he will appear on both List A and List B. The time worked in the A list position will count towards the B List placement, but the time worked in the B List position will not count towards the A List placement. 7. Effective July 1, 2010, the Board shall prepare said Lists and share them with the Association by October 15th each year. The parties shall reach an agreement on said Lists by November 15th each year. The parties have agreed on Seniority Lists A and B which are in place in March of 2010.
Seniority in Layoff. A. Where layoffs may be required, the least senior employee shall be the first laid off, providing the residual more senior employees can fully and adequately perform the jobs of any less senior employees who may otherwise be laid off. Thus, as a general rule, seniority shall be observed except where the Board shall determine job skills, experience, training, ability or the like require exceptions to seniority. B. The Board’s determination will be final, and/or if in the judgment of the Board, a reduction in hours in categories rather than layoffs is desirable, this shall be at the discretion of the Board. C. Non-classified employees who have been laid off due to abolition of position shall be entitled to preferred eligibility recall rights substantially similar to those enjoyed by classified employees, provided that the employee seeking recall can fully and adequately perform the job to be filled. Thus, as a general rule, seniority shall be observed except where the Board shall determine job skills, experience, training, ability or the like require exceptions to seniority.

Related to Seniority in Layoff

  • Role of Seniority in Layoffs (a) Both parties recognize that job security shall increase in proportion to length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of their bargaining-unit-wide seniority, providing that the retained employees are able to perform the available work. (b) The layoff process will occur in accordance with the Layoff/Recall Policy and Procedures. In no case may this policy override a right or condition outlined within this Collective Agreement.

  • SENIORITY, LAYOFF AND RECALL A. “University seniority” is the employee’s length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position. B. An employee’s seniority shall terminate: 1. If the employee quits. 2. If the employee retires. 3. If the employee is discharged. 4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail. 5. When an employee is assigned out of the Bargaining Unit the following provisions will apply: a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period. b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit. c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit. d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights). e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position. C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications. D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last. E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action. F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University. G. For seasonal layoffs the following provisions will apply: 1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable. H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff. I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.) J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights. K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights. L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights. M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.

  • SENIORITY 14.1 Employees working seven (7) or more hours per day on a full time basis will accrue to a maximum two hundred and sixty (260) seniority days per calendar year. Employee’s working less than seven (7) hours per day shall accrue one (1) day of seniority for every seven (7) hours worked to a maximum of two hundred and sixty (260) days per calendar year. Employees working a flexible or compressed work schedule and who work less than five (5) days per week shall accrue five (5) days of seniority (pro- rated) for every week worked to a maximum of two hundred and sixty (260) days per calendar year. Notwithstanding the above, as of January 1, 2020, no Employee will accrue more than ten (10) seniority days in any pay period. The seniority list will be converted to a “days worked list” removing the actual seniority date. a) Part-Time Seniority Rating Part time Employees shall be considered probationary Employees and will have no seniority rights until they have worked one hundred and twenty (120) working days or accumulated twelve (12) months aggregate service with the Employer, whichever occurs first. The Employer shall have the exclusive right to discharge Employees during the probationary period provided the decision to discharge is not made in bad faith, or in an arbitrary or discriminatory manner, or in violation of the Human Rights Code, the Employment Standards Act or other employment related legislation. b) Seniority shall be calculated in the following manner: Part time Employee’s shall accrue one (1) day of seniority for every seven (7) hours worked to a maximum of two hundred and sixty (260) days per calendar year. 14.2 Employees shall be considered probationary Employees and will have no seniority rights until they have worked one hundred and twenty (120) working days or accumulated six (6) months aggregate service with the Employer, whichever occurs first. The Employer shall have the exclusive right to discharge Employees during the probationary period provided the decision to discharge is not made in bad faith, or in an arbitrary or discriminatory manner, or in violation of the Human Rights Code, the Employment Standards Act or other employment related legislation. 14.3 Seniority for the purpose of this Agreement shall be defined as the length of accumulated aggregate service of an Employee in the scope of Local 5167 with the Employer, uninterrupted by either a break or severance of service for any reason. 14.4 For the purposes of the probationary period, absences that interrupt the period of active employment may, at the discretion of the Employer, result in the extension of an employee’s probationary period, no greater than the period of absence(s). In such cases the Union and the Employee shall be informed at least fourteen (14) calendar days in advance of the extension. For the purpose of service credits an Employee's length of service shall commence and accumulate from the date on which they entered the service of the Employer as a permanent Employee. (a) An Employee's seniority rating, credited service and employment shall be severed by reason of: (i) dismissal for just cause, or (ii) voluntary resignation, or (iii) failure to report for work within a period of seven (7) calendar days after receipt of written notice to return to work after lay- off, or (iv) a lay-off extending continuously for a period of ten (10) months, or (v) absence without leave without sufficient reason. (b) An Employee’s seniority rating shall be deemed frozen by reason of: (i) A lay-off extending beyond one month, or (ii) A temporary transfer/posting into a managerial position or a non-union position outside the bargaining unit as per Article 13.14, or (iii) Any unpaid leave of absence period other than those defined by this Collective Agreement, legislated by the Employment Standards or Employment Insurance Act. 14.6 The seniority list shall be posted in each workplace as early as practicable but no later than March 1st and September 1st of each calendar year. The Union has thirty (30) calendar days from September 1st to challenge this list. The seniority list shall include the Employee's name, days worked, Employee number, classification, position title and wage grade. For the purposes of layoff and bumping, the seniority list used shall be a current list generated by Human Resources within one (1) week of the date of notice. 14.7 Employees with the same days worked shall have their seniority determined by lottery, as administered by the Union. Once seniority status has been established through the lottery it will be maintained accordingly. If an Employee’s seniority is adjusted due to any of the reasons listed in 14.5 (b) and that adjustment results in them having the same seniority date as one or more other Employees they shall be listed at the top of the group that shares the same days worked. 14.8 The Union will be notified of all new Employees, their start date, department, Employee number, position title and classification. In addition, the Employer will notify the Union upon an Employee's successful completion of their probationary period. 14.9 No seniority will be lost as a result of taking courses related to an Employee’s job and falling within the Employer’s tuition reimbursement policy. 14.10 Once established, an Employee’s seniority ranking shall be used in the determination of all seniority based issues.

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