SENIORITY, LAY-OFF AND RECALL. A. A newly hired employee shall be on a probationary status for sixty-five (65) working days taken from and including the first day of employment. The probationary period may be extended an additional forty (40) working days upon mutual agreement between the Employer and the Union. If at any time prior to the completion of the sixty-five (65) work day probationary period the employee's work performance is unsatisfactory, the employee may be dismissed by the Employer during this period without recourse of appeal by the Union. Probationary employees who are absent shall work additional days equal to the number of days absent and such employees shall not have completed their probationary period until these additional days have been worked. B. Seniority shall be defined as the length of unbroken continuous service with the District within each job classification. It shall be calculated from the date of hire, but under no circumstances shall seniority accrue until an employee has served his/her probationary period. If the probationary period is satisfactory, seniority shall be retroactive to the date of hire as a regular employee. In the event that two or more employees have equal seniority a tie shall be broken by starting seniority from date of application for employment. C. An employee shall lose all seniority should he/she retire, resign or be discharged for just cause. D. Should the District determine the need for any lay-off of personnel, or reduction in work hours, seniority shall be within each job classification. The District shall provide fifteen (15) days of advance notice. The requirement of fifteen (15) days' advance notice of layoff is waived; a five (5) day notice will be given should the student(s) for whom the employee is employed leave the District or perish. E. Within each job classification, probationary personnel shall be the first laid off; those with the least seniority shall be next laid off until the reductions have been completed. F. Employees who transfer to another job classification shall retain seniority in their initial classification, and shall begin accruing seniority in the new classification from the date of transfer. In the event an employee's job is eliminated, that employee shall have the option to "bump" any employee with less seniority within that employee's job classification, providing they are qualified. G. Should vacancies occur in any job classification, laid off employees shall be recalled in reverse order of lay-off, with the exception of secretaries. H. Notice of recall shall be sent by certified mail to the individual's last known address. If the individual does not report to work within ten (10) work days of receipt of this notice, he/she shall be considered to be a voluntary quit. I. Employees on lay-off shall accrue no seniority, but shall have their seniority frozen. J. An agreed-to seniority list shall be made available to each employee covered by this Agreement on or about July 1 of each year. Such list shall contain date of hire, employee's location and classification. K. Employees on lay-off shall retain their seniority for purposes of recall for a period of two years, and thereafter lose any rights under this agreement. L. A laid-off employee shall upon application, and at his/her option, be granted priority status within classification on the substitute list according to his/her seniority. M. Laid-off employees may continue their health, dental and life insurance benefits by making scheduled monthly payments for the group rate premium for such benefits to the Employer within the rules and regulations of the carrier and COBRA. Failure to make any monthly payment will result in cancellation of benefits.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Master Agreement
SENIORITY, LAY-OFF AND RECALL. A. A newly hired employee 10.1 For the purpose of this article, seniority shall be defined as length of service calculated from the date the employee was appointed to the Brantford Fire Department and will accumulate from that date. Seniority is lost if:
(a) An employee resigns;
(b) An employee is discharged and not re-instated;
(c) An employee is laid off and fails to return to work within seven (7) calendar days after receipt of the notice by registered mail sent to the last registered address of the employee;
(d) An employee fails to return to work within fourteen (14) calendar days of notifying the Corporation of his/her intention to return to work. It is the obligation of the employee to keep the Corporation informed at all times of an address to which registered mail can be received by the employee or on his/her behalf;
(e) Employees with up to three (3) years department seniority are laid off for more than twelve (12) months and employees with three (3) or more years department seniority are laid off for more than thirty (30) months.
10.2 Should a probationary status lay-off or organizational demotion of a full-time fire fighter be affected it is recognized that seniority shall govern provided the personnel who are not laid off shall have the ability and are willing to efficiently perform the work to be done. It will result in the last full-time fire fighter to be promoted to an officer rank to be the first to be demoted. In the event of re-call, the fire fighters shall be recalled in the inverse order of their lay-off. Employees shall be restored to their respective former ranks in the inverse order of their demotion from those ranks where organizational needs were dictated. It is understood that those employees who are demoted will be paid at the rate of the classification in which they are performing their duties.
(a) The Corporation shall notify the employees who are laid off thirty (30) calendar days before the lay-off is to be effective, if possible.
(b) The benefits for sixty-five (65) working days taken from and including employees laid off shall continue, provided the employee deposits with the Corporation Human Resources Department on or before the first day of employment. The probationary period may be extended each month an additional forty (40) working days upon mutual agreement between the Employer and the Union. If at any time prior to the completion of the sixty-five (65) work day probationary period the employee's work performance is unsatisfactory, the employee may be dismissed by the Employer during this period without recourse of appeal by the Union. Probationary employees who are absent shall work additional days amount equal to the number of days absent and such employees shall not have completed their probationary period until these additional days have been worked.
B. Seniority shall be defined as the length of unbroken continuous service with the District within each job classification. It shall be calculated from the date of hire, but under no circumstances shall seniority accrue until an employee has served his/her probationary period. If the probationary period is satisfactory, seniority shall be retroactive to the date of hire as a regular employee. In the event that two or more employees have equal seniority a tie shall be broken by starting seniority from date of application for employment.
C. An employee shall lose all seniority should he/she retire, resign or be discharged for just cause.
D. Should the District determine the need for any lay-off of personnel, or reduction in work hours, seniority shall be within each job classification. The District shall provide fifteen (15) days of advance notice. The requirement of fifteen (15) days' advance notice of layoff is waived; a five (5) day notice will be given should the student(s) for whom the employee is employed leave the District or perish.
E. Within each job classification, probationary personnel shall be the first laid off; those with the least seniority shall be next laid off until the reductions have been completed.
F. Employees who transfer to another job classification shall retain seniority in their initial classification, and shall begin accruing seniority in the new classification from the date of transfer. In the event an employee's job is eliminated, that employee shall have the option to "bump" any employee with less seniority within that employee's job classification, providing they are qualified.
G. Should vacancies occur in any job classification, laid off employees shall be recalled in reverse order of lay-off, with the exception of secretaries.
H. Notice of recall shall be sent by certified mail to the individual's last known address. If the individual does not report to work within ten (10) work days of receipt of this notice, he/she shall be considered to be a voluntary quit.
I. Employees on lay-off shall accrue no seniority, but shall have their seniority frozen.
J. An agreed-to seniority list shall be made available to each employee covered by this Agreement on or about July 1 of each year. Such list shall contain date of hire, employee's location and classification.
K. Employees on lay-off shall retain their seniority for purposes of recall for a period of two years, and thereafter lose any rights under this agreement.
L. A laid-off employee shall upon application, and at his/her option, be granted priority status within classification on the substitute list according to his/her seniority.
M. Laid-off employees may continue their health, dental and life insurance benefits by making scheduled monthly payments for the group rate premium for such benefits to the Employer within the rules and regulations cost of the carrier and COBRA. Failure to make any monthly payment will result in cancellation of benefitsbenefit premiums.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY, LAY-OFF AND RECALL. A. A newly hired employee
10.1 For the purpose of this article, seniority shall be defined as length of service calculated from the date the employee was appointed to the Brantford Fire Department and will accumulate from that date. Seniority is lost if: (Dates Clause Changed: 84)
(a) An employee resigns;
(b) An employee is discharged and not re instated;
(c) An employee is laid off and fails to return to work within seven (7) calendar days after receipt of the notice by registered mail sent to the last registered address of the employee;
(d) An employee fails to return to work within fourteen (14) calendar days of notifying the Corporation of his/her intention to return to work. It is the obligation of the employee to keep the Corporation informed at all times of an address to which registered mail can be received by the employee or on his/her behalf;
(e) Employees with up to three (3) years department seniority are laid off for more than twelve (12) months and employees with three (3) or more years department seniority are laid off for more than thirty (30) months. (Dates Clause Changed: 92, 99)
10.2 Should a probationary status lay off or organizational demotion of a full time fire fighter be affected it is recognized that seniority shall govern provided the personnel who are not laid off shall have the ability and are willing to efficiently perform the work to be done. It will result in the last full time fire fighter to be promoted to an officer rank to be the first to be demoted. In the event of re call, the fire fighters shall be recalled in the inverse order of their lay off. Employees shall be restored to their respective former ranks in the inverse order of their demotion from those ranks where organizational needs were dictated. It is understood that those employees who are demoted will be paid at the rate of the classification in which they are performing their duties. (Dates Clause Changed: 80)
(a) The Corporation shall notify the employees who are laid off thirty (30) calendar days before the lay off is to be effective, if possible. (Dates Clause Changed: 80, 85)
(b) The benefits for sixty-five employees laid off shall continue for a period of twelve (65) working days taken from and including 12 months, provided the employee deposits with the Corporation Human Resources Department on or before the first day of employment. The probationary period may be extended each month an additional forty (40) working days upon mutual agreement between the Employer and the Union. If at any time prior to the completion of the sixty-five (65) work day probationary period the employee's work performance is unsatisfactory, the employee may be dismissed by the Employer during this period without recourse of appeal by the Union. Probationary employees who are absent shall work additional days amount equal to the number of days absent and such employees shall not have completed their probationary period until these additional days have been worked.
B. Seniority shall be defined as the length of unbroken continuous service with the District within each job classification. It shall be calculated from the date of hire, but under no circumstances shall seniority accrue until an employee has served his/her probationary period. If the probationary period is satisfactory, seniority shall be retroactive to the date of hire as a regular employee. In the event that two or more employees have equal seniority a tie shall be broken by starting seniority from date of application for employment.
C. An employee shall lose all seniority should he/she retire, resign or be discharged for just cause.
D. Should the District determine the need for any lay-off of personnel, or reduction in work hours, seniority shall be within each job classification. The District shall provide fifteen (15) days of advance notice. The requirement of fifteen (15) days' advance notice of layoff is waived; a five (5) day notice will be given should the student(s) for whom the employee is employed leave the District or perish.
E. Within each job classification, probationary personnel shall be the first laid off; those with the least seniority shall be next laid off until the reductions have been completed.
F. Employees who transfer to another job classification shall retain seniority in their initial classification, and shall begin accruing seniority in the new classification from the date of transfer. In the event an employee's job is eliminated, that employee shall have the option to "bump" any employee with less seniority within that employee's job classification, providing they are qualified.
G. Should vacancies occur in any job classification, laid off employees shall be recalled in reverse order of lay-off, with the exception of secretaries.
H. Notice of recall shall be sent by certified mail to the individual's last known address. If the individual does not report to work within ten (10) work days of receipt of this notice, he/she shall be considered to be a voluntary quit.
I. Employees on lay-off shall accrue no seniority, but shall have their seniority frozen.
J. An agreed-to seniority list shall be made available to each employee covered by this Agreement on or about July 1 of each year. Such list shall contain date of hire, employee's location and classification.
K. Employees on lay-off shall retain their seniority for purposes of recall for a period of two years, and thereafter lose any rights under this agreement.
L. A laid-off employee shall upon application, and at his/her option, be granted priority status within classification on the substitute list according to his/her seniority.
M. Laid-off employees may continue their health, dental and life insurance benefits by making scheduled monthly payments for the group rate premium for such benefits to the Employer within the rules and regulations cost of the carrier and COBRAbenefit premiums. Failure to make any monthly payment will result in cancellation of benefits.(Dates Clause Changed: 80, 85, 2019)
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY, LAY-OFF AND RECALL. A. A newly hired All new employees shall be considered on probation for the first one hundred (100) calendar days. During this probationary period, the employee shall have no seniority rights, nor be represented by XXXXX in the area of discharge, but at the completion of this period, the employee shall be placed on a probationary status the active seniority list and shall be credited back to the employment date. Seniority, for sixtythe purpose of this article, shall be defined as continuous, week-five (65) working days taken to-week employment, from and including the first day of hire to the present. Any authorized leaves shall not constitute a break in employment. The probationary period may be extended an additional forty administration will develop, by April 15 each year, a seniority list of all XXXXX Employees (40) working days upon mutual agreement between the Employer and the Unionranked by order of effective start date of each employee). If at any time prior to the completion XXXXX Membership will have until April 30 of the sixty-five same year to dispute any possible discrepancies regarding their placement on the list. The final list will be available May 1, of the same year. Any dispute by a XXXXX Member will be evaluated by a committee comprised of two (652) work day probationary period the employee's work performance is unsatisfactoryXXXXX Negotiators, the employee may be dismissed Xxxx of Finance and Administrative Services, and an appointment made by the Employer during this period without recourse Xxxx of appeal by the Union. Probationary employees who are absent shall work additional days equal to the number of days absent Finance and such employees shall not have completed their probationary period until these additional days have been workedAdministrative Services.
B. Seniority shall In the event of a need to reduce the working force, positions will be defined eliminated based on the need of the college as determined by the length of unbroken continuous service with the District within each job classification. It shall be calculated from the date of hire, but under no circumstances shall seniority accrue until an employee has served his/her probationary period. If the probationary period is satisfactory, seniority shall be retroactive to the date of hire as a regular employeeAdministration. In the event that two or more employees have equal seniority there is both a tie shall full-time position and part-time position performing the same duties and hours need to be broken by starting seniority from date of application for employment.
C. An employee shall lose all seniority should he/she retirereduced, resign or be discharged for just cause.
D. Should the District determine the need for any laypart-off of personnel, or reduction in work hours, seniority shall be within each job classification. The District shall provide fifteen (15) days of advance notice. The requirement of fifteen (15) days' advance notice of layoff is waived; a five (5) day notice time position will be given should reduced in hours/eliminated first, and then the student(s) for whom full-time position will be reduced in hours/eliminated, as deemed necessary by the employee is employed leave the District or perish.
E. Within each job classification, probationary personnel shall be the first laid off; those Administration. Regular employees with the least seniority shall within each job classification will be next laid off until the reductions have been completed.
F. Employees who transfer to another job classification shall retain seniority in their initial classification, and shall begin accruing seniority in the new classification from the date of transfer. In the event first if there is an employee's job is eliminated, that employee shall have the option to "bump" any employee with less more seniority within who is qualified to perform the duties of that employee's particular job classification, providing they are qualified.
G. Should vacancies occur in any job classification, laid off employees shall be recalled in reverse order of lay-off, with the exception of secretaries.
H. Notice of recall shall be sent by certified mail to the individual's last known addressdescription. If the individual does not report to work within ten (10) work days of receipt of this notice, he/she shall be considered to be a voluntary quit.
I. Employees on lay-off shall accrue no seniority, but have recall rights and bumping privileges (provided they have the necessary skills to perform the job) up to one (1) year from the date of lay-off. Employees returning from lay-off shall have be paid at their seniority frozennew rate.
J. An agreedC. In the event of a lay-to seniority list off during the probationary period and recalled within ninety (90) calendar days, said employee shall be made available to each employee covered by this Agreement on or about July 1 retain credit for the number of each year. Such list shall contain date of hire, employee's location and classificationdays already worked during the initial probationary period.
K. Employees D. If any of the positions reopen or are reactivated, employees on lay-off shall be recalled in the reverse order in which they were laid off, i.e., highest seniority employee shall be recalled first, and so on down the line. Seniority earned before the date of this contract shall be retained by all bargaining unit members.
E. Recall of employees shall be affected by sending a certified letter, return receipt requested, to the last address on file with the college office. If an employee being recalled does not report for work within ten working days from receipt of this letter, the employee shall be deemed to have quit.
F. Employees shall not be required to accept temporary or part-time work in order to retain their seniority for purposes of and shall not waive their right to recall for if the affected employee chooses not to accept a period of two years, and thereafter lose any rights under this agreementposition that is less in hours than the position they were laid off from.
L. A laid-off employee shall upon application, and at his/her option, be granted priority status within classification on the substitute list according to his/her seniority.
M. Laid-off employees may continue their health, dental and life insurance benefits by making scheduled monthly payments for the group rate premium for such benefits to the Employer within the rules and regulations of the carrier and COBRA. Failure to make any monthly payment will result in cancellation of benefits.
Appears in 2 contracts
Samples: Master Contract, Master Contract
SENIORITY, LAY-OFF AND RECALL. A. A newly hired 4.01 Where it is necessary to curtail production due to lack of work in a department, or in the plant as a whole, the Company will discuss the matter with the Union with a view to reaching an agreement as to whether a lay-off should occur, or whether a shorter work week should be established.
4.02 There shall be no lay-off of any employee with Seniority status before all probationary employees have been laid off, subject to the following provision which shall apply to all employees: "That the Company must be allowed to maintain a working force of employees who are qualified and willing to do the work which is available". In the event of a layoff the Company agrees to retain the Unit Chairperson and Committee-person, provided that they can perform the remaining work.
4.03 An employee shall be considered on a probationary status probation and shall not be placed on the Seniority lists until he has been employed by the Company for sixty-five (65) working days taken 120 calendar days. His Seniority will count from and including the first day date of employment. The probationary period may his employment with the Company.
4.04 Seniority lists, based upon the date on which employees commenced to work for the Company, shall be extended an additional forty (40) working days established as agreed upon mutual agreement between the Employer Company and the Union. If at any time prior Such lists shall be posted in each department and shall be revised every six months and copies sent in triplicate to the completion of the sixty-five (65) work day probationary period the employee's work performance is unsatisfactory, the employee may be dismissed by the Employer during this period without recourse of appeal by the Union. Probationary employees who are absent shall work additional days equal to the number of days absent and such employees shall not have completed their probationary period until these additional days have been worked.
B. Seniority shall be defined as the length of unbroken continuous service with the District within each job classification. It shall be calculated from the date of hire, but under no circumstances shall seniority accrue until an employee has served his/her probationary period. If the probationary period is satisfactory, seniority shall be retroactive to the date of hire as a regular employee. 4.05 In the event that two or more employees have equal seniority a tie shall be broken by starting seniority from date of application for employment.
C. An employee shall lose all seniority should he/she retire, resign or be discharged for just cause.
D. Should the District determine the need for any lay-off of personnel, or reduction in work hours, seniority shall be within each job classification. The District shall provide fifteen (15) days of advance notice. The requirement of fifteen (15) days' advance notice of layoff is waived; a five (5) day notice will be given should the student(s) for whom the employee is employed leave the District or perish.
E. Within each job classification, probationary personnel shall be the first laid off; those with the least seniority shall be next laid off until the reductions have been completed.
F. Employees who transfer to another job classification shall retain seniority in their initial classification, and shall begin accruing seniority in the new classification from the date of transfer. In the event an employee's job is eliminated, that employee shall have the option to "bump" any employee with less seniority within that employee's job classification, providing they are qualified.
G. Should vacancies occur in any job classification, laid off employees shall be recalled in reverse order cases of lay-off, the employees with the exception least length of secretariesservice in the plant shall be first laid-off, subject to the provisions of article 4.02.
H. Notice 4.06 In recalling employees to work after lay-off, they shall be recalled in inverse order to that in which they were laid off, subject to article 4.02.
4.07 Seniority shall be terminated if:
a) An employee quits voluntarily.
b) An employee is discharged for cause and the discharge is not reversed through the grievance procedure.
c) An employee overstays a leave of absence, given in writing, unless he has a satisfactory explanation which was communicated to the Company at least twenty-four (24) hours prior to his scheduled return unless beyond the control of the employee.
d) Laid off for a period exceeding 18 months or length of seniority at time of lay off, which ever is less.
e) Someone who does not accept a recall after seven (7) days of being recalled without satisfactory reason.
4.08 It is understood that with reference to article 4.07 above:
a) Extenuating circumstances may be taken into consideration by the Company and extended time limits may be granted;
b) Employees who may be rehired by the Company after any of the above breaks in continuous service will be rehired as new employees;
c) Notices shall be sent out by certified mail registered mail.
d) It shall be the duty of employees to notify the individual's last known Company of any change of their address. If any employee shall fail to do this, the individual does Company will not report be responsible for failure of notice to work within ten (10) work days reach such employee.
4.09 If an employee is transferred to a Supervisory position or to any other position out of receipt of this noticethe Bargaining Unit, he/she and is subsequently transferred back into the Bargaining Unit, he shall be considered credited with his former Seniority status, plus up to six (6) months of the service spent in the Supervisory position.
4.10 In case of lay-offs, employees to be a voluntary quitlaid off shall be notified three (3) days in advance of such lay-off or receive three (3) days' pay in lieu thereof. If practicable, the Company will give as much additional notice as possible. The foregoing will not apply in the event that the lay-off is due to fires, storms, floods, power or major mechanical failures. Where The Ontario Employment Standards Act applies, such regulations will be observed.
I. Employees 4.11 In cases of resignation or severance, employees will give the Company two (2) clear working days' notice. The Union will endeavour to have employees give such notice.
4.12 If an employee is recalled on a temporary basis where the Company is of the opinion that the job will not last for five (5) working days, such employee shall have the right to decline such recall without loss of his Seniority position. However, in the event that after calling employees on lay-off shall accrue no seniorityoff, but shall have their seniority frozenjunior to the first employee called, the Company finds that none are available the first employee when called a second time must return to work in accordance with article 4.7 to retain his Seniority standing and the Company will notify the Chief Xxxxxxx of employees so notified before the Company calls the first employee the second time. The Company may recall by telephone under the above conditions of recall to a temporary job. The normal recall procedure will not apply as set out in article 4.7.
J. An agreed4.13 In the event of re-to seniority list hiring after a lay-off, the Chief Xxxxxxx shall be made given a list of all employees who are to be recalled.
4.14 In case of a full plant closure, the Company shall make $250.00 per employee with seniority available to towards the Industrial Adjustment Service Committee.
4.15 In case of a full plant closure the company shall give each employee covered by this Agreement on or about July 1 written notice of each year. Such list shall contain date of hire, employee's location and classification.
K. Employees on lay-off shall retain their seniority or pay-in- lieu of notice equal to one-half week’s notice for purposes each full year of recall for service to a period maximum of two years, and thereafter lose any rights under this agreement.
L. A laid-off employee shall upon application, and at his/her option, be granted priority status within classification on the substitute list according to his/her seniority.
M. Laid-off employees may continue their health, dental and life insurance benefits by making scheduled monthly payments for the group rate premium for such benefits to the Employer within the rules and regulations of the carrier and COBRA. Failure to make any monthly payment will result in cancellation of benefits.twenty six
Appears in 1 contract
Samples: Collective Agreement
SENIORITY, LAY-OFF AND RECALL. A. A newly hired 4.01 Where it is necessary to curtail production due to lack of work in a department, or in the plant as a whole, the Company will discuss the matter with the Union with a view to reaching an agreement as to whether a lay-off should occur, or whether a shorter work week should be established.
4.02 There shall be no lay-off of any employee with Seniority status before all probationary employees have been laid off, subject to the following provision which shall apply to all employees: "That the Company must be allowed to maintain a working force of employees who are qualified and willing to do the work which is available". In the event of a layoff the Company agrees to retain the Unit Chairperson and Committee-person, provided that they can perform the remaining work.
4.03 An employee shall be considered on a probationary status probation and shall not be placed on the Seniority lists until he has been employed by the Company for sixty-five (65) working days taken 120 calendar days. His Seniority will count from and including the first day date of employment. The probationary period may his employment with the Company.
4.04 Seniority lists, based upon the date on which employees commenced to work for the Company, shall be extended an additional forty (40) working days established as agreed upon mutual agreement between the Employer Company and the Union. If at any time prior Such lists shall be posted in each department and shall be revised every six months and copies sent in triplicate to the completion of the sixty-five (65) work day probationary period the employee's work performance is unsatisfactory, the employee may be dismissed by the Employer during this period without recourse of appeal by the Union. Probationary employees who are absent shall work additional days equal to the number of days absent and such employees shall not have completed their probationary period until these additional days have been worked.
B. Seniority shall be defined as the length of unbroken continuous service with the District within each job classification. It shall be calculated from the date of hire, but under no circumstances shall seniority accrue until an employee has served his/her probationary period. If the probationary period is satisfactory, seniority shall be retroactive to the date of hire as a regular employee. 4.05 In the event that two or more employees have equal seniority a tie shall be broken by starting seniority from date of application for employment.
C. An employee shall lose all seniority should he/she retire, resign or be discharged for just cause.
D. Should the District determine the need for any lay-off of personnel, or reduction in work hours, seniority shall be within each job classification. The District shall provide fifteen (15) days of advance notice. The requirement of fifteen (15) days' advance notice of layoff is waived; a five (5) day notice will be given should the student(s) for whom the employee is employed leave the District or perish.
E. Within each job classification, probationary personnel shall be the first laid off; those with the least seniority shall be next laid off until the reductions have been completed.
F. Employees who transfer to another job classification shall retain seniority in their initial classification, and shall begin accruing seniority in the new classification from the date of transfer. In the event an employee's job is eliminated, that employee shall have the option to "bump" any employee with less seniority within that employee's job classification, providing they are qualified.
G. Should vacancies occur in any job classification, laid off employees shall be recalled in reverse order cases of lay-off, the employees with the exception least length of secretariesservice in the plant shall be first laid- off, subject to the provisions of article 4.02.
H. Notice 4.06 In recalling employees to work after lay-off, they shall be recalled in inverse order to that in which they were laid off, subject to article 4.02.
4.07 Seniority shall be terminated if:
a) An employee quits voluntarily.
b) An employee is discharged for cause and the discharge is not reversed through the grievance procedure.
c) An employee overstays a leave of absence, given in writing, unless he has a satisfactory explanation which was communicated to the Company at least twenty-four (24) hours prior to his scheduled return unless beyond the control of the employee.
d) Laid off for a period exceeding 18 months or length of seniority at time of lay off, which ever is less.
e) Someone who does not accept a recall after seven (7) days of being recalled without satisfactory reason.
4.08 It is understood that with reference to article 4.07 above:
a) Extenuating circumstances may be taken into consideration by the Company and extended time limits may be granted;
b) Employees who may be rehired by the Company after any of the above breaks in continuous service will be rehired as new employees;
c) Notices shall be sent out by certified mail registered mail.
d) It shall be the duty of employees to notify the individual's last known Company of any change of their address. If any employee shall fail to do this, the individual does Company will not report be responsible for failure of notice to work within ten (10) work days reach such employee.
4.09 If an employee is transferred to a Supervisory position or to any other position out of receipt of this noticethe Bargaining Unit, he/she and is subsequently transferred back into the Bargaining Unit, he shall be considered credited with his former Seniority status, plus up to six (6) months of the service spent in the Supervisory position.
4.10 In case of lay-offs, employees to be a voluntary quitlaid off shall be notified three (3) days in advance of such lay-off or receive three (3) days' pay in lieu thereof. If practicable, the Company will give as much additional notice as possible. The foregoing will not apply in the event that the lay-off is due to fires, storms, floods, power or major mechanical failures. Where The Ontario Employment Standards Act applies, such regulations will be observed.
I. Employees 4.11 In cases of resignation or severance, employees will give the Company two (2) clear working days' notice. The Union will endeavour to have employees give such notice.
4.12 If an employee is recalled on a temporary basis where the Company is of the opinion that the job will not last for five (5) working days, such employee shall have the right to decline such recall without loss of his Seniority position. However, in the event that after calling employees on lay-off shall accrue no seniorityoff, but shall have their seniority frozenjunior to the first employee called, the Company finds that none are available the first employee when called a second time must return to work in accordance with article 4.7 to retain his Seniority standing and the Company will notify the Chief Xxxxxxx of employees so notified before the Company calls the first employee the second time. The Company may recall by telephone under the above conditions of recall to a temporary job. The normal recall procedure will not apply as set out in article 4.7.
J. An agreed4.13 In the event of re-to seniority list hiring after a lay-off, the Chief Xxxxxxx shall be made given a list of all employees who are to be recalled.
4.14 In case of a full plant closure, the Company shall make $250.00 per employee with seniority available to towards the Industrial Adjustment Service Committee.
4.15 In case of a full plant closure the company shall give each employee covered by this Agreement on or about July 1 written notice of each year. Such list shall contain date of hire, employee's location and classification.
K. Employees on lay-off shall retain their seniority or pay-in-lieu of notice equal to one-half week’s notice for purposes each full year of recall for service to a period maximum of two years, and thereafter lose any rights under this agreementtwenty six (26) weeks.
L. A laid-off employee shall upon application, and at his/her option, be granted priority status within classification on the substitute list according to his/her seniority.
M. Laid-off employees may continue their health, dental and life insurance benefits by making scheduled monthly payments for the group rate premium for such benefits to the Employer within the rules and regulations of the carrier and COBRA. Failure to make any monthly payment will result in cancellation of benefits.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY, LAY-OFF AND RECALL. A. A newly hired Seniority is defined as the length of the service of the employee within the bargaining unit. All employer responsibility to the employee on the basis of seniority is as hereinafter set forth. Seniority within the bargaining unit shall commence on the date of the employee's satisfactory completion of her/his probationary period as defined in sections B and C of this Article.
B. Employees shall be on regarded as probationary employees until they have satisfactorily completed a probationary status for sixty-five sixty (6560) working days taken from and including the first work day of employment. The probationary period may be extended an additional forty (40) working days upon mutual agreement between of employment within the Employer and the Unionbargaining unit. If at any time prior to the completion of the sixty-five sixty (6560) work day workday probationary period of employment the employee's work performance is unsatisfactoryunsatisfactory to the employer, the employee may be dismissed discharged by the Employer employer during this period without recourse of appeal by the UnionAssociation. Probationary There shall be no further responsibility for the re-employment of such probationary employees who if they are laid-off during this period.
C. In order to acquire or accumulate seniority, the employee must work sixty (60) workdays of employment uninterrupted by lay-off or leave of absence. In the event a probationary employee is temporarily laid-off and reinstated, or in the event such employee is absent on scheduled work days, said employee shall work additional days equal to the number of days absent and such employees the employee was absent. Such employee shall not have completed their probationary period until these additional days have been worked.
B. Seniority shall be defined as . Upon satisfactory completion of the length of unbroken continuous service with the District within each job classification. It shall be calculated from the date of hire, but under no circumstances shall seniority accrue until an employee has served his/her probationary period. If , the probationary period is satisfactory, employee's seniority shall be retroactive to the date of hire as a regular employee. established.
D. In the event that two (2) or more employees have equal satisfactorily complete their probationary period within the bargaining unit on the same date, their seniority a tie shall be broken determined by starting seniority from date adding the last four digits of application for employmentthe affected employees' social security number. The highest combination of the last four digits shall result in that employee having the higher seniority.
C. E. Seniority lists shall be established and maintained by the employer and made available to the Association designee no later than the fourth (4th) Friday of each school year. Any objections must be submitted in writing within seven (7) workdays from the Association designee's receipt of such list. Thereafter, the seniority list shall be considered final and accurate and the District shall incur no liability for relying upon the accuracy of the seniority list.
F. An employee shall be terminated and lose her/his seniority within all seniority should he/she retire, resign or be discharged for just cause.classifications if:
D. Should the District determine the need for any lay-off of personnel, or reduction in work hours, seniority shall be within each job classification1. The District shall provide fifteen (15) days of advance noticeemployee quits;
2. The requirement employee is discharged and not reinstated;
3. The employee is absent for three (3) consecutive working days without prior notice to the Assistant Superintendent of fifteen (15) days' advance Human Resources or the Director of Food Service;
4. The employee fails to report for work upon notice of layoff is waived; a five (5) day notice will be given should the student(s) for whom the employee is employed leave the District or perish.
E. Within each job classificationrecall from layoff, probationary personnel shall be the first laid off; those with the least seniority shall be next laid off until the reductions have been completed.
F. Employees who transfer to another job classification shall retain seniority in their initial classification, and shall begin accruing seniority in the new classification from the date of transfer. In the event an employee's job is eliminated, that employee shall have the option to "bump" any employee with less seniority within that employee's job classification, providing they are qualified.
G. Should vacancies occur in any job classification, laid off employees shall be recalled in reverse order of lay-off, with the exception of secretaries.
H. Notice of recall shall be sent by certified mail to the individual's last known address, unless she/he notifies the Director of Food Service within three (3) working days, exclusive of days when no mail deliveries are made;
5. If The employee fails to report for work on the individual does not first regularly scheduled workday following a leave of absence, or fails to secure an approved extension of a leave of absence;
6. The employee falsifies personnel records, medical history, fails to report to work within ten (10) work days a criminal record, or falsifies the reason for a leave of receipt absence;
7. The employee is employed elsewhere during a leave of this notice, he/she shall be considered to be a voluntary quit.absence without the knowledge of the employer;
I. Employees on lay-8. The employee is laid off shall accrue no seniority, but shall have their seniority frozen.
J. An agreed-to seniority list shall be made available to each employee covered by this Agreement on or about July 1 of each year. Such list shall contain date of hire, employee's location and classification.
K. Employees on lay-off shall retain their seniority for purposes of recall for a period of two (2) years; or
9. If an employee has been granted a leave of absence for a period of one (1) school year or less, the employee shall have the right to return to the same position she/he vacated without loss of seniority. If the employee has been granted a leave of absence for the subsequent school year, then she/he shall have the right to return to a similar position within the bargaining unit. After two (2) school years of prolonged absence, the employee shall then lose all seniority and thereafter lose any employment rights under with the District. The employer may, however, in its sole discretion, decide to extend the employee's absence beyond two (2) school years. Such an extension, if granted, will be considered to be an exception to this agreementsubsection and will not constitute a practice for extensions for prolonged absences in other leave situations.
L. A X. Xxx-Offs
1. The word "lay-off" means a reduction in the work force due to a decrease of work or lack of operating funds.
2. In the event it becomes necessary to temporarily reduce the working force, employees shall be laid-off and recalled according to seniority, provided the senior employee has the ability and the qualifications to perform the job. On lay-offs, probationary employees shall upon applicationbe laid-off first. It shall be further understood that in the event of a lay-off, the Association and management will meet and discuss all aspects of the lay- off to make sure the contract is adhered to and an orderly lay-off process is followed. The seniority list will be updated at this point for lay-off purposes.
3. Employees to be laid off shall have at least two (2) weeks’ notice of the lay-off. The local Association President shall receive a list, from the employer, of the employees being laid off on the date the notices are issued to the employees.
4. Anything above notwithstanding, and regardless of their positions on the seniority list, the Association President and Secretary shall, in that order, in the event of a lay- off, be continued at work on the first open job in the unit which they can perform.
5. Employees who are displaced because of job elimination or lay-off shall have the right to replace other workers with less seniority. Employees who are displaced by a reduction in force or bid time is reduced or job title eliminated, he or she shall therefore be entitled to exercise his/her option, be granted priority status within classification on the substitute list according to his/her seniorityseniority by reducing a lesser seniority employee.
M. Laid-off employees may continue their health, dental and life insurance benefits by making scheduled monthly payments for the group rate premium for such benefits to the Employer within the rules and regulations of the carrier and COBRA. Failure to make any monthly payment will result in cancellation of benefits.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAY-OFF AND RECALL. A. A newly hired employee 10.1 For the purpose of this article, seniority shall be defined as length of service calculated from the date the employee was appointed to the Brantford Fire Department and will accumulate from that date. Seniority is lost if:
(a) An employee resigns;
(b) An employee is discharged and not re-instated;
(c) An employee is laid off and fails to return to work within seven (7) calendar days after receipt of the notice by registered mail sent to the last registered address of the employee;
(d) An employee fails to return to work within fourteen (14) calendar days of notifying the Corporation of his/her intention to return to work. It is the obligation of the employee to keep the Corporation informed at all times of an address to which registered mail can be received by the employee or on his/her behalf;
(e) Employees with up to three (3) years department seniority are laid off for more than twelve (12) months and employees with three (3) or more years department
10.2 Should a probationary status lay-off or organizational demotion of a full-time fire fighter be affected it is recognized that seniority shall govern provided the personnel who are not laid off shall have the ability and are willing to efficiently perform the work to be done. It will result in the last full-time fire fighter to be promoted to an officer rank to be the first to be demoted. In the event of re-call, the fire fighters shall be recalled in the inverse order of their lay-off. Employees shall be restored to their respective former ranks in the inverse order of their demotion from those ranks where organizational needs were dictated. It is understood that those employees who are demoted will be paid at the rate of the classification in which they are performing their duties.
(a) The Corporation shall notify the employees who are laid off thirty (30) calendar days before the lay-off is to be effective, if possible.
(b) The benefits for sixty-five (65) working days taken from and including employees laid off shall continue, provided the employee deposits with the Corporation Human Resources Department on or before the first day of employment. The probationary period may be extended each month an additional forty (40) working days upon mutual agreement between the Employer and the Union. If at any time prior to the completion of the sixty-five (65) work day probationary period the employee's work performance is unsatisfactory, the employee may be dismissed by the Employer during this period without recourse of appeal by the Union. Probationary employees who are absent shall work additional days amount equal to the number of days absent and such employees shall not have completed their probationary period until these additional days have been worked.
B. Seniority shall be defined as the length of unbroken continuous service with the District within each job classification. It shall be calculated from the date of hire, but under no circumstances shall seniority accrue until an employee has served his/her probationary period. If the probationary period is satisfactory, seniority shall be retroactive to the date of hire as a regular employee. In the event that two or more employees have equal seniority a tie shall be broken by starting seniority from date of application for employment.
C. An employee shall lose all seniority should he/she retire, resign or be discharged for just cause.
D. Should the District determine the need for any lay-off of personnel, or reduction in work hours, seniority shall be within each job classification. The District shall provide fifteen (15) days of advance notice. The requirement of fifteen (15) days' advance notice of layoff is waived; a five (5) day notice will be given should the student(s) for whom the employee is employed leave the District or perish.
E. Within each job classification, probationary personnel shall be the first laid off; those with the least seniority shall be next laid off until the reductions have been completed.
F. Employees who transfer to another job classification shall retain seniority in their initial classification, and shall begin accruing seniority in the new classification from the date of transfer. In the event an employee's job is eliminated, that employee shall have the option to "bump" any employee with less seniority within that employee's job classification, providing they are qualified.
G. Should vacancies occur in any job classification, laid off employees shall be recalled in reverse order of lay-off, with the exception of secretaries.
H. Notice of recall shall be sent by certified mail to the individual's last known address. If the individual does not report to work within ten (10) work days of receipt of this notice, he/she shall be considered to be a voluntary quit.
I. Employees on lay-off shall accrue no seniority, but shall have their seniority frozen.
J. An agreed-to seniority list shall be made available to each employee covered by this Agreement on or about July 1 of each year. Such list shall contain date of hire, employee's location and classification.
K. Employees on lay-off shall retain their seniority for purposes of recall for a period of two years, and thereafter lose any rights under this agreement.
L. A laid-off employee shall upon application, and at his/her option, be granted priority status within classification on the substitute list according to his/her seniority.
M. Laid-off employees may continue their health, dental and life insurance benefits by making scheduled monthly payments for the group rate premium for such benefits to the Employer within the rules and regulations cost of the carrier and COBRA. Failure to make any monthly payment will result in cancellation of benefitsbenefit premiums.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY, LAY-OFF AND RECALL. A. A newly hired employee shall be on a probationary status for sixty-five (65) working days taken from and including the first day of employment1. The probationary period may be extended an additional forty (40) working days upon mutual agreement between the Employer and the Union. If at any time prior to the completion of the sixty-five (65) work day probationary period the employee's work performance is unsatisfactory, the employee may be dismissed by the Employer during this period without recourse of appeal by the Union. Probationary employees who are absent shall work additional days equal to the number of days absent and such employees shall not have completed their probationary period until these additional days have been worked.
B. Seniority shall be defined as the uninterrupted length of unbroken continuous service with the Board. Seniority shall be based on continuous employment within the bargaining unit with the Xxxxxxxx City School District within each in any employment position. Seniority shall continue to accrue and shall not start-over when an employee moves into a new job classification. In the case of identical seniority, the individual with the earliest date of birth shall be considered the more senior. If identical seniority still remains, the Administration and the Association shall meet to determine a fair and equitable means of deciding which employee shall be laid off first.
2. Breaks in continuous service due to Board approved unpaid leaves other than 12 week leaves under the Family and Medical Leave Act, shall constitute a break in continuous service, and shall cause an adjustment in the initial date of employment of the employee. It is understood that an employee who is rehired or reinstated has a new effective date of employment for the purposes of seniority and seniority-determined benefits.
3. If it becomes necessary to reduce the number of clerical employees/educational assistants as a result of lack of work, funds, or to derive greater efficiency, lack of students, the administration will follow the following procedure: Seniority shall prevail and bumping rights shall be in accordance with this section.
4. In layoffs, seniority shall prevail and layoffs shall be by classification. A lay off list shall be established by classification.
5. If a lay off is necessary in a classification, employees in the classification shall have the right to bump the less senior (closes to his/her hours) in his/her classification series or a lower classification within the series. In order to bump within a classification series, the more senior employee must have had experience in the lower classification series. The employee(s) with the least seniority in the classification will be laid off by the Board of Education.
6. All persons with less than a permanent appointment shall be laid off first.
7. Permanent employees still on probation shall be laid off next in inverse order of their seniority.
8. When a lay off condition exists, new applicants will not be considered for employment until the last qualified employee has been recalled to work. Laid off employees shall have first consideration for work on a substitute basis. When re- employed, the employee receives seniority as of the date hired on a regular continuous basis by the Board of Education. Time lost due to layoff shall not be considered as a break in seniority if the employee reports to Board employment within two weeks of the notice of recall by the Board of Education.
9. If an employee is the least senior employee in an entire classification series, that employee may return to a formerly held classification, provided that employee worked in that classification; and that employee currently possesses the minimum requirements for that classification; and that employee has more seniority than the least senior employee in the classification to which they are returning to. An employee removed from a former classification for disciplinary action is not eligible to return to the former classification within one (1) year of the disciplinary action.
10. Laid off employees shall be placed on a recall list, by classification (s), in order of seniority, with the right of recall for two (2) years. As vacancies occur, those jobs will be offered to the senior employee remaining on the list. Each employee shall be given the right of refusal one time before being removed from this list. Declining work not similar in pay and duties to the job, which an employee is laid off from, shall not be considered a refusal. Such time on lay off shall not be counted towards experience credit in respect to the salary schedule. It shall be calculated from the date responsibility of hirethe employee to notify the Board of Education of changes of address, but under no circumstances shall seniority accrue until an employee has served his/her probationary periodphone number, etc.
11. If Classifications for the probationary period is satisfactory, seniority purpose of layoffs and recalls shall be retroactive to the date of hire as follows: ACCOUNTING DEPARTMENT Fiscal Specialist Secretary Data Application Specialist Clerk I/Enrollment Specialist Auxiliary Services Clerks Media Coordinator/Computer Lab Media Coordinator/Library Special Education Unit Assistants1 Educational Assistants 1 Defined as a regular employee. In the event that two or more employees have equal seniority a tie shall be broken by starting seniority from date of application for employmentpermanent placement to an identified unit.
C. An employee shall lose all seniority should he/she retire, resign or be discharged for just cause.
D. Should the District determine the need for any lay-off of personnel, or reduction in work hours, seniority shall be within each job classification. The District shall provide fifteen (15) days of advance notice. The requirement of fifteen (15) days' advance notice of layoff is waived; a five (5) day notice will be given should the student(s) for whom the employee is employed leave the District or perish.
E. Within each job classification, probationary personnel shall be the first laid off; those with the least seniority shall be next laid off until the reductions have been completed.
F. Employees who transfer to another job classification shall retain seniority in their initial classification, and shall begin accruing seniority in the new classification from the date of transfer. In the event an employee's job is eliminated, that employee shall have the option to "bump" any employee with less seniority within that employee's job classification, providing they are qualified.
G. Should vacancies occur in any job classification, laid off employees shall be recalled in reverse order of lay-off, with the exception of secretaries.
H. Notice of recall shall be sent by certified mail to the individual's last known address. If the individual does not report to work within ten (10) work days of receipt of this notice, he/she shall be considered to be a voluntary quit.
I. Employees on lay-off shall accrue no seniority, but shall have their seniority frozen.
J. An agreed-to seniority list shall be made available to each employee covered by this Agreement on or about July 1 of each year. Such list shall contain date of hire, employee's location and classification.
K. Employees on lay-off shall retain their seniority for purposes of recall for a period of two years, and thereafter lose any rights under this agreement.
L. A laid-off employee shall upon application, and at his/her option, be granted priority status within classification on the substitute list according to his/her seniority.
M. Laid-off employees may continue their health, dental and life insurance benefits by making scheduled monthly payments for the group rate premium for such benefits to the Employer within the rules and regulations of the carrier and COBRA. Failure to make any monthly payment will result in cancellation of benefits.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAY-OFF AND RECALL. A. A newly hired employee shall be on a probationary status for sixty-five (65) working days taken from and including the first day of employment. The probationary period may be extended an additional forty (40) working days upon mutual agreement between the Employer and the Union. If at any time prior to the completion of the sixty-five (65) work day probationary period the employee's work performance is unsatisfactory, the employee may be dismissed by the Employer during this period without recourse of appeal by the Union. Probationary employees who are absent shall work additional days equal to the number of days absent and such employees shall not have completed their probationary period until these additional days have been worked.
B. Seniority shall be defined as the length of unbroken continuous service with in the Walled Lake School District within each job classification. It and shall be calculated from begin on the date of hire, but under no circumstances shall seniority accrue until an on which the employee has served first assumes his/her probationary periodprofessional duties. If Seniority shall not accrue for unpaid leaves except those granted for the probationary period is satisfactoryJob Corps, seniority Teacher Corps, Peace Corps, military service (as defined in Article XIV) or sabbatical leaves. All teachers shall be retroactive ranked on a list in order of their seniority based on actual days worked. Such a list shall include each teacher's certification and present building assigned. This list will be given to the Association prior to November 15 of the current school year. Language that pertains to the seniority, lay-off and recall of non-tenured track teachers will be found in Appendix III of this agreement.
B. Teachers who have voluntarily severed their employment relationship with the district shall have their seniority determined by a new effective date of hire as a regular employeeemployment if they are later rehired. In cases of lay- off or unpaid leave, teachers so affected shall retain all seniority accumulated as of the event that two or more employees have equal seniority a tie shall be broken by starting seniority from effective date of application for employmentlay-off or leave.
C. An employee shall lose all seniority should he/she retire, resign or be discharged for just causeThe Board will give notice to the Association of the contemplated reduction.
D. Should The names of the District determine the need for any lay-teachers to be laid off of personnel, or reduction in work hours, seniority shall be within each job classification. The District shall provide fifteen (15) days of advance notice. The requirement of fifteen (15) days' advance notice of layoff is waived; a five (5) day notice will be given should provided to the student(s) for whom the employee is employed leave the District or perishAssociation.
E. Within each job classification, probationary personnel shall The Board will determine the programs to be the first laid off; those with the least seniority shall be next laid off until the reductions have been completedretained.
F. Employees Teachers who transfer are not covered by the provisions of the Michigan Teacher Tenure Act will be required to another job classification shall retain seniority in their initial classification, serve a probationary period not longer than that which is required of certified teachers under the Michigan Teacher Tenure Act. When this Agreement specifies “tenure teachers” such teachers who are not covered by the Act and shall begin accruing seniority in who have completed such a probationary period will be afforded the new classification from the date contract rights of transfer. In the event an employee's job is eliminated, that employee shall have the option to "bump" any employee with less seniority within that employee's job classification, providing they are qualifieda tenure teacher.
G. Should vacancies occur No teacher employed under this collective bargaining agreement shall acquire tenure in any job classification, laid off employees shall be recalled in reverse order of lay-off, with the exception of secretariescapacity other than as a general classroom teacher. Any tenure other than as a general classroom teacher previously acquired is hereby waived.
H. Notice The Board will determine the degree to which personnel and programs can be reinstated.
I. Laid-off tenure teachers shall be afforded all recall rights as provided by the Michigan Teacher Tenure Act and any subsequent interpretive rulings of the Michigan Teacher Tenure Commission.
J. Notification of recall shall be in writing with a copy to the Association. The notification shall be sent by certified mail to the individualteacher's last known address. If the individual does not report to work within ten (10) work days of receipt of this notice, he/she It shall be considered the responsibility of each teacher to be maintain a voluntary quitcurrent address in the personnel office in order to facilitate said notification.
I. Employees on K. All teachers who are in a laid off position effective with the end of a school year shall receive full fringe benefits during the months of July and August following the lay-off shall accrue no seniority, but shall have their seniority frozen.
J. An agreed-to seniority list shall be made available to each employee covered by this Agreement on or about July 1 of each year. Such list shall contain date of hire, employee's location and classification.
K. Employees on lay-off shall retain their seniority for purposes of recall for a period of two years, and thereafter lose any rights under this agreementnotification.
L. A laid-laid off employee shall upon application, and at teacher may continue his/her option, be granted priority status within classification on the substitute list according to his/her seniority.
M. Laid-off employees may continue their health, dental and life health insurance benefits by making scheduled prepaying monthly payments for the normal per subscriber group rate premium for such benefits to the Employer within Board. In the rules and regulations event of a recall, the carrier and COBRA. Failure to make Board shall reimburse the teacher for any monthly payment will result in cancellation unused portion of benefitssuch pre-paid premium.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAY-OFF AND RECALL. A. A newly hired employee shall be on a probationary status for sixty-five (65) working days taken from and including the first day of employment. The probationary period may be extended an additional forty (40) working days upon mutual agreement between the Employer and the Union. If at any time prior to the completion of the sixty-five (65) work day probationary period the employee's work performance is unsatisfactory, the employee may be dismissed by the Employer during this period without recourse of appeal by the Union. Probationary employees who are absent shall work additional days equal to the number of days absent and such employees shall not have completed their probationary period until these additional days have been worked.
B. Seniority shall be defined as the length of unbroken continuous service with in the Walled Lake School District within each job classification. It and shall be calculated from begin on the date of hire, but under no circumstances shall seniority accrue until an on which the employee has served first assumes his/her probationary periodprofessional duties. If Seniority shall not accrue for unpaid leaves except those granted for the probationary period is satisfactoryJob Corps, seniority Teacher Corps, Peace Corps, military service (as defined in Article XIV) or sabbatical leaves. All teachers shall be retroactive ranked on a list in order of their seniority based on actual days worked. Such a list shall include each teacher's certification and present building assigned. This list will be given to the Association prior to November 15 of the current school year.
B. Teachers who have voluntarily severed their employment relationship with the district shall have their seniority determined by a new effective date of hire employment if they are later rehired. In cases of lay- off or unpaid leave, teachers so affected shall retain all seniority accumulated as of the effective date of lay-off or leave.
C. The Board will give notice to the Association of the contemplated reduction.
D. The names of the teachers to be laid off will be provided to the Association.
E. When the Board has determined the need to lay off teachers, the individuals involved will be given a regular employeeminimum of thirty (30) school days notification. Ten (10) school days will be given in the case of an emergency situation. The official action of the Board shall constitute such notification, and the Board meeting will be scheduled on the last non-Friday day in April.
F. The Board will determine the programs to be retained. Teachers for the programs to be retained will be determined by their seniority, certification, and qualifications.
1. In the event that two or more employees have equal seniority a of identical seniority, certification and qualifications, the order of lay-off will be determined by utilizing the following criteria:
a. Areas of certification
b. If the factors considered remain equal, the tie shall will be broken by starting seniority from date of application for employmenta lottery arranged by the Personnel department at a time when all involved can be present.
C. An employee shall lose all seniority should he/she retire, resign or be discharged for just cause.
D. Should 2. Teachers who are not covered by the District determine provisions of the need for any layMichigan Teacher Tenure Act (non-off of personnel, or reduction in work hours, seniority shall be within each job classification. The District shall provide fifteen (15tenured track) days of advance notice. The requirement of fifteen (15) days' advance notice of layoff is waived; a five (5) day notice will be given should required to serve a probationary period not longer than that which is required of certified teachers under the student(s) for whom Michigan Teacher Tenure Act. When this Agreement specifies “tenure teachers” such teachers who are not covered by the employee is employed leave Act and who have completed such a probationary period will be afforded the District or perish.
E. Within each job classification, probationary personnel shall be the first laid off; those with the least seniority shall be next laid off until the reductions have been completed.
F. Employees who transfer to another job classification shall retain seniority in their initial classification, and shall begin accruing seniority in the new classification from the date contract rights of transfer. In the event an employee's job is eliminated, that employee shall have the option to "bump" any employee with less seniority within that employee's job classification, providing they are qualifieda tenure teacher.
G. Should vacancies occur in any job classification, Non-tenured track teachers who are laid off employees shall be recalled in the reverse order of lay-offoff according to seniority, certification, qualifications to include majors, minors, experience, and program need and, beginning with those people hired in 1994-95, NCA standards. The Board will determine the exception of secretariesdegree to which personnel and programs can be reinstated.
H. Notice Failure to accept the Board's offer of a position within thirty (30) days of the postmark on said written offer shall be viewed as a voluntary severance of the employment relationship with the Walled Lake Schools. If the recall should occur during the school year and the laid off tenured teacher is under contract to another Michigan district, he/she may refuse the offered position without relinquishing rights to subsequent recall for the following school year. Once a laid-off non-tenured track teacher has refused this initial recall, the Board will no longer be required to consider the teacher for recall, until the terms of the teacher's one-year contractual commitment to the other district has expired. Should the laid off non-tenured track teacher refuse recall for the subsequent school year in which an appropriate vacancy exists, that refusal will be viewed as an abandonment of position and will sever the district's employment obligation to in the teacher.
I. Notification of recall shall be in writing with a copy to the Association. The notification shall be sent by certified mail to the individualteacher's last known address. If the individual does not report to work within ten (10) work days of receipt of this notice, he/she It shall be considered the responsibility of each teacher to be maintain a voluntary quitcurrent address in the personnel office in order to facilitate said notification.
I. Employees on J. All non-tenured track teachers who are in a laid off position effective with the end of a school year shall receive full fringe benefits during the months of July and August following the lay-off shall accrue no seniority, but shall have their seniority frozen.
J. An agreed-to seniority list shall be made available to each employee covered by this Agreement on or about July 1 of each year. Such list shall contain date of hire, employee's location and classificationnotification.
K. Employees on layA laid off non-off shall retain their seniority for purposes of recall for a period of two years, and thereafter lose any rights under this agreement.
L. A laid-off employee shall upon application, and at tenured track teacher may continue his/her option, be granted priority status within classification on the substitute list according to his/her seniority.
M. Laid-off employees may continue their health, dental and life health insurance benefits by making scheduled prepaying monthly payments for the normal per subscriber group rate premium for such benefits to the Employer within Board. In the rules event of a recall, the Board shall reimburse the teacher for any unused portion of such pre-paid premium.
L. Non-tenured track teachers who are laid off shall be recalled in the reverse order of lay-off according to seniority, certification, qualifications to include majors, minors, experience and regulations of the carrier program need, and COBRAbeginning with those people hired in 1994-95, NCA standards.
1. Failure to make any monthly payment will result in cancellation of benefits.Parent-Teacher Conferences
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAY-OFF AND RECALL. A. A newly hired employee 11.1 No later than sixty (60) days following the ratification of this agreement, and by every September 30 thereafter, the employer shall prepare a seniority list. Seniority is defined as length of unbroken service within the bargaining unit and shall be on a probationary status for sixty-five (65) working days taken computed from and including the employee’s first day of employmentwork. In the circumstance of more than one (1) individual having the same first day of work, all individuals so affected will participate in a drawing to determine placement on the seniority list.
11.2 The probationary period may seniority list shall be extended an additional forty (40) working days upon mutual agreement between prepared by the Employer and verified by the UnionAssociation. If at any time prior A copy of the list shall be available in all buildings of the district by November 1st of each year. A copy of the seniority list and subsequent revisions shall be forwarded to the completion Association. The School Administrative Unit Office will develop a list of employees separating the staff into the following categories:
A. Paraprofessionals: Tutors, Instructional Assistants, and Library Assistants
B. CustodiansBuildings and Grounds: custodial, mechanical, and grounds maintenance
C. SecretariesAdministrative Assistants
D. MaintenanceTrades
11.3 All seniority, excepting as provided below, is lost when employment is severed by resignation, retirement, or discharge. However, seniority is retained if severance of employment is due to layoff (RIF) or approved leaves of absence. In cases of layoff, employees so affected shall retain all seniority accumulated as of the sixty-five effective date of layoff or leave of absence.
(65A) work day probationary period When the employee's work performance is unsatisfactory, the employee may be dismissed by the Employer during this period without recourse of appeal by the Union. Probationary employees who are absent shall work additional days equal School Board makes a decision to reduce the number of days absent and such employees shall not have completed their probationary period until these additional days have been worked.
B. Seniority within one or more of the bargaining unit classifications, employees within that classification or classifications shall be defined laid off based on their seniority as described in 11.1 above, unless a less senior employee is demonstrably more qualified than the length of unbroken continuous service with the District within each job classification. It shall be calculated from the date of hire, but under no circumstances shall seniority accrue until an employee has served his/her probationary period. If the probationary period is satisfactory, seniority shall be retroactive to the date of hire as a regular senior employee. In the event case of paraprofessionals who are tutors, the evaluation of qualifications shall include an analysis of the student’s needs as set forth in the student’s IEP. Demonstrably more qualified will be defined and measured by evaluations, experience in the position within the job classification, and professional growth/development.
(B) Employees who have previously worked in another classification shall have the option to fill a vacant position in that two or more employees have equal seniority a tie classification instead of being laid off. He/she shall retain the right to be recalled to their original position for twenty-four (24) months.
11.5 Recall rights shall be broken by starting seniority consistent with the criteria established for layoffs.
A) Recall rights shall be for a period of twenty-four (24) months from the last date of application for employmentemployment in the district.
C. An B) To be eligible for recall, each employee shall lose all seniority should he/she retire, resign or be discharged responsible for just cause.
D. Should notifying the District determine district of their wish to remain on the need for any lay-off of personnel, or reduction in work hours, seniority shall be within each job classificationrecall list. The District shall provide attach the recall notice form to the employee layoff notice and the employee must return the form to the District within fifteen (15) days of advance notice. The requirement the notice of layoff.
11.6 Refusal of an offer from the Employer of a like position from which the employee was laid off or failure to respond within fifteen (15) days' advance notice days of layoff is waived; the receipt of a five (5) day notice will written offer of a position made by the Employer shall be given should the student(s) cause for whom the employee is employed leave the District or perishtermination of recall rights.
E. Within each job classification, probationary personnel 11.7 Notifications of recall shall be the first laid off; those with the least seniority shall be next laid off until the reductions have been completed.
F. Employees who transfer to another job classification shall retain seniority in their initial classification, and shall begin accruing seniority in the new classification from the date of transferwriting. In the event an employee's job is eliminated, that employee shall have the option to "bump" any employee with less seniority within that employee's job classification, providing they are qualified.
G. Should vacancies occur in any job classification, laid off employees shall be recalled in reverse order of lay-off, with the exception of secretaries.
H. Notice of recall The notification shall be sent by certified mail to the individual's last employee’s last-known address. If the individual does not report to work within ten (10) work days of receipt of this notice, he/she It shall be considered the employee’s responsibility to be a voluntary quitnotify the Employer of any change of address.
I. Employees on lay-off shall accrue no seniority, but shall have their seniority frozen.
J. An agreed-to seniority list 11.8 Recalled employees shall be made available entitled to each employee covered by this Agreement on or about July 1 of each year. Such list shall contain date of hire, employee's location and classificationall benefits as provided herein.
K. Employees on lay-off shall retain their seniority for purposes of recall for a period of two years, and thereafter lose any rights under this agreement.
L. A laid-off employee shall upon application, and at his/her option, be granted priority status within classification on the substitute list according to his/her seniority.
M. Laid-off employees may continue their health, dental and life insurance benefits by making scheduled monthly payments for the group rate premium for such benefits to the Employer within the rules and regulations of the carrier and COBRA. Failure to make any monthly payment will result in cancellation of benefits.
Appears in 1 contract
Samples: Monadnock Education Support Staff Agreement (Messa)
SENIORITY, LAY-OFF AND RECALL. A. A newly hired employee 22.01 The Board shall be on maintain a probationary status for sixty-five (65) working days taken from and including the first day seniority list of employment. The probationary period may be extended an additional forty (40) working days upon mutual agreement between the Employer and the Union. If at any time prior to the completion all Members/Employees of the sixty-five (65) work day probationary period the employee's work performance is unsatisfactory, the employee may be dismissed by the Employer during this period without recourse of appeal by the UnionBargaining Unit. Probationary employees who are absent shall work additional days equal to the number of days absent and such employees shall not have completed their probationary period until these additional days have been worked.
B. Seniority shall be defined as the length of unbroken mean any Member’s/Employee's continuous service with the District within each job classificationBoard or predecessor Boards measured from the first day worked in the Bargaining Unit. It When addressing seniority issues, all ties shall be calculated from broken based on the following criteria in order:
22.01.01 Continuous service with the Board since the date of hirelast hiring measured from the first day worked.
22.01.02 Total non-continuous years of service with the Board.
22.01.03 By lot in the presence of the Bargaining Unit President (or designate) by placing in a hat the names of all Members/Employees who are tied. The Manager of Human Resources will draw the names. The first name drawn is to be most senior, but under no circumstances shall seniority accrue and so on, until an employee has served histhe names of all persons tied have been drawn.
22.02 A Seniority List of all Members/her probationary period. If the probationary period is satisfactory, seniority Employees and their job classifications shall be retroactive forwarded by the Manager of Human Resources to be posted in each work place by January 31 and brought up to date once yearly. Any questions related to the date accuracy of hire as a regular employee. In the event that two or more employees have equal seniority a tie shall list must be broken by starting seniority from date of application for employment.
C. An employee shall lose all seniority should he/she retire, resign or be discharged for just cause.
D. Should the District determine the need for any lay-off of personnel, or reduction submitted in work hours, seniority shall be writing within each job classification. The District shall provide fifteen thirty (1530) working days of advance notice. The requirement of fifteen (15) days' advance notice of layoff is waived; a five (5) day notice the posting, following which the dates will be given should the student(s) for whom the employee is employed leave the District or perish.
E. Within each job classification, probationary personnel shall be the first laid off; those with the least seniority shall be next laid off until the reductions have been completed.
F. Employees who transfer to another job classification shall retain seniority in their initial classification, and shall begin accruing seniority in the new classification from the date of transfer. In the event an employee's job is eliminated, that employee shall have the option to "bump" any employee with less seniority within that employee's job classification, providing they are qualified.
G. Should vacancies occur in any job classification, laid off employees shall be recalled in reverse order of lay-off, with the exception of secretaries.
H. Notice of recall shall be sent by certified mail to the individual's last known address. If the individual does not report to work within ten (10) work days of receipt of this notice, he/she shall be considered to be a voluntary quitcorrect. Copies of the seniority list will be supplied to the Union.
I. 22.03 New Members/Employees on lay-off shall accrue no seniority, but serve a probationary period of three (3) calendar months after which their continuous service shall have their seniority frozendate back to the first day worked.
J. An agreed-22.04 A member/Employee who is absent from work due to an approved leave of absence shall continue to accumulate seniority list shall be made available to each employee covered by this Agreement on or about July 1 during the period of each year. Such list shall contain date of hire, employee's location and classificationsuch absence.
K. Employees on lay22.05 Seniority will be considered to have been terminated when a members/Employees:
(i) Resigns or retires;
(ii) Is discharged and is not re-instated;
(iii) Fails to return to work upon being recalled in accordance with the provisions of this Agreement;
(iv) Is laid off shall retain their seniority for purposes of recall for a beyond the period of two years, and thereafter lose any rights under this agreementduring which the Member/Employee was entitled to be recalled.
L. A laid-off employee shall upon application, and at his/her option, be granted priority status within classification on the substitute list according to his/her seniority.
M. Laid-off employees may continue their health, dental and life insurance benefits by making scheduled monthly payments for the group rate premium for such benefits to the Employer within the rules and regulations of the carrier and COBRA. Failure to make any monthly payment will result in cancellation of benefits.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAY-OFF AND RECALL. A. A newly hired employee 20.01 The Board shall be on maintain a probationary status for sixty-five (65) working days taken from and including the first day seniority list of employment. The probationary period may be extended an additional forty (40) working days upon mutual agreement between the Employer and the Union. If at any time prior to the completion all employees of the sixty-five (65) work day probationary period the Bargaining Unit. Seniority shall mean any employee's work performance is unsatisfactory, the employee may be dismissed by the Employer during this period without recourse of appeal by the Union. Probationary employees who are absent shall work additional days equal to the number of days absent and such employees shall not have completed their probationary period until these additional days have been worked.
B. Seniority shall be defined as the length of unbroken continuous service with the District within each job classificationBoard or predecessor Boards measured from the first day worked in the Bargaining Unit. It When addressing seniority issues, all ties shall be calculated from broken based on the following criteria in order:
20.01.01 Continuous service with the Board since the date of hirelast hiring measured from the first day worked.
20.01.02 Total non-continuous years of service with the Board.
20.01.03 By lot in the presence of the Bargaining Unit President (or designate) by placing in a hat the names of all members who are tied. The Assistant Manager of Human Resources will draw the names. The first name drawn is to be most senior, but under no circumstances shall seniority accrue and so on, until an employee has served his/her probationary period. If the probationary period is satisfactory, seniority names of all persons tied have been drawn.
20.02 A Seniority List of all employees and their job classifications shall be retroactive forwarded by the Assistant Manager of Human Resources to be posted in each work place by January 31 and brought up to date once yearly. Any questions related to the date accuracy of hire as a regular employee. In the event that two or more employees have equal seniority a tie shall list must be broken by starting seniority from date of application for employment.
C. An employee shall lose all seniority should he/she retire, resign or be discharged for just cause.
D. Should the District determine the need for any lay-off of personnel, or reduction submitted in work hours, seniority shall be writing within each job classification. The District shall provide fifteen thirty (1530) working days of advance notice. The requirement of fifteen (15) days' advance notice of layoff is waived; a five (5) day notice the posting, following which the dates will be given should the student(s) for whom the employee is employed leave the District or perish.
E. Within each job classification, probationary personnel shall be the first laid off; those with the least seniority shall be next laid off until the reductions have been completed.
F. Employees who transfer to another job classification shall retain seniority in their initial classification, and shall begin accruing seniority in the new classification from the date of transfer. In the event an employee's job is eliminated, that employee shall have the option to "bump" any employee with less seniority within that employee's job classification, providing they are qualified.
G. Should vacancies occur in any job classification, laid off employees shall be recalled in reverse order of lay-off, with the exception of secretaries.
H. Notice of recall shall be sent by certified mail to the individual's last known address. If the individual does not report to work within ten (10) work days of receipt of this notice, he/she shall be considered to be a voluntary quitcorrect. Copies of the seniority list will be supplied to the Union.
I. Employees on lay-off 20.03 New employees shall accrue no seniority, but serve a probationary period of three (3) calendar months after which their continuous service shall have their seniority frozendate back to the first day worked.
J. 20.04 An agreed-employee who is absent from work due to an approved leave of absence shall continue to accumulate seniority list shall be made available to each employee covered by this Agreement on or about July 1 during the period of each year. Such list shall contain date of hire, employee's location and classificationsuch absence.
K. Employees on lay20.05 Seniority will be considered to have been terminated when an employee:
(i) Resigns or retires;
(ii) Is discharged and is not re-instated;
(iii) Fails to return to work upon being recalled in accordance with the provisions of this Agreement;
(iv) Is laid off shall retain their seniority for purposes of recall for a beyond the period of two years, and thereafter lose any rights under this agreementduring which the employee was entitled to be recalled.
L. A laid20.06 Lay-off employee shall upon application, and at his/her option, be granted priority status within classification on the substitute list according to his/her seniority.
M. Laid-off employees may continue their health, dental and life insurance benefits by making scheduled monthly payments for the group rate premium for such benefits to the Employer within the rules and regulations of the carrier and COBRA. Failure to make any monthly payment will result in cancellation of benefits.off
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAY-OFF AND RECALL. A. A newly hired employee shall be on a probationary status for sixty-five (65) working days taken from and including the first day 12.1 No later than October 31st of employment. The probationary period may be extended an additional forty (40) working days upon mutual agreement between the Employer and the Union. If at any time prior to the completion of the sixty-five (65) work day probationary period the employee's work performance is unsatisfactoryeach school year, the employee may be dismissed by employer will develop a seniority list for the Employer during this period without recourse of appeal by the UnionSpecialists. Probationary employees who are absent shall work additional days equal to the number of days absent and such employees shall not have completed their probationary period until these additional days have been worked.
B. Seniority shall will be defined as the length of unbroken continuous uninterrupted service with within the District within each job classification. It district as a Specialist in the area for which they are licensed or certified and shall be calculated determined from the date of hire, but under no circumstances shall seniority accrue until an employee has served his/her probationary periodfirst day that the Specialist began work. If the probationary period is satisfactory, seniority shall be retroactive to the date of hire as Authorized leaves are not considered a regular employeebreak in service. In the event that two or more employees have equal seniority of a tie shall be broken by starting seniority from date of application for employment.
C. An employee shall lose all seniority should he/she retiretie, resign or be discharged for just cause.
D. Should a Specialist with prior employment within the District determine the need for district in any lay-off of personnel, or reduction in work hours, seniority shall be within each job classification. The District shall provide fifteen (15) days of advance notice. The requirement of fifteen (15) days' advance notice of layoff is waived; a five (5) day notice capacity will be given should the student(s) for whom the employee is employed leave the District or perishpreference. If such prior employment does not exist, then those individuals will participate in a drawing to determine seniority.
E. Within each job classification, probationary personnel shall be the first laid off; those with the least seniority shall be next laid off until the reductions have been completed.
F. Employees who transfer to another job classification shall retain seniority in their initial classification, and shall begin accruing seniority in the new classification from the date of transfer. 12.2 In the event an employee's job is eliminatedof a RIF, that employee shall have the option to "bump" any employee with less seniority within that employee's job classification, providing following criteria will be used:
a. Length of time in District as a Specialist in the area for which they are qualifiedlicensed/certified (seniority)
b. Satisfactory evaluations. Specialists with two consecutive unsatisfactory evaluations will be subjected to a RIF first.
G. Should vacancies occur in any job classification, laid off employees 12.3 Recall rights shall be as follows:
a. Recall rights shall extend for a period of twenty-four months following the Specialist’s last day of employment. Specialists shall be recalled in reverse order of lay-off, with the exception of secretarieslayoff.
H. Notice b. The Specialist concerned will be responsible for notifying the District of recall shall his/her current contact information no later than July 31st . This notification will be sent documented by certified mail receipt from an administrator at the SAU.
12.4 Refusal to accept an offer of “like” employment, defined as the same number of hours, at least the same hourly pay, and similar benefits aligned to the individual's last known addresscurrent agreement, from the District, or failure to respond to such notice within 72 hours from the time contact is made and acknowledgement of the offer is obtained, either verbally or electronically, will terminate all recall rights. If By acknowledging that the individual does not report person will take the position, the employee will be allowed up to work within ten (10) business days from the date of acknowledgement to work days out a notice if necessary. The employee will state that need at the time of receipt accepting the recall position.
12.5 In the case of this noticea RIF (layoff) , if the Specialist is recalled, he/she shall be considered to be a voluntary quit.
I. Employees on lay-off shall accrue no seniority, but shall have their will retain all seniority frozen.
J. An agreed-to seniority list shall be made available to each employee covered by this Agreement on or about July 1 and years of each year. Such list shall contain date of hire, employee's location and classification.
K. Employees on lay-off shall retain their seniority service (for purposes of recall for a period of two years, and thereafter lose any rights under this agreement.
L. A laid-off employee shall upon application, and at his/her option, be granted priority status within classification placement on the substitute list according to his/her seniority.
M. Laid-off employees may continue their health, dental and life insurance benefits by making scheduled monthly payments for the group rate premium for such benefits to the Employer salary schedule) within the rules and regulations District based on the effective date of the carrier and COBRA. Failure to make any monthly payment will result in cancellation of benefitslayoff.
Appears in 1 contract
Samples: Collective Bargaining Agreement
