SENIORITY & LAYOFFS Clause Samples
SENIORITY & LAYOFFS. 11.01 Seniority of employees shall be considered as their length of employment from date of (re)hire specific to each Employer.
11.02 Seniority lists shall be maintained at all times by each Employer and shall be available to the union.
11.03 Seniority rights shall cease and an employee shall be deemed to be terminated if he:
a. voluntarily quits the employ of the Employer;
b. is discharged and such discharge be not reversed through the Grievance Procedure;
c. fails to report on the first day following the expiration of a leave of absence, unless he has a justifiable reason;
d. is laid off for a continuous period of more than six (6) consecutive months and has less than two (2) years of seniority;
11.04 Where a reduction in the work force is inevitable, students and temporary employees shall be laid off first. Thereafter, provided that the Employer shall retain a competent workforce and that the employees affected have substantially equal skill, competence, efficiency, ability and qualifications, layoffs shall be determined by seniority so that the last hired shall be the first laid off. Recalls shall be conducted in the same manner but in reverse.
11.05 The Employer agrees to notify the Union of any need for layoffs once reasonably known.
11.06 In case of layoff, an employee shall be given at least a one (1) hour notice or one (1) hour's pay in lieu thereof.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements acceptable to the Employer to return.
11.08 Any appeal in regard to a layoff must be taken up under the first step of the Grievance Procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.09 Whenever the Employment Insurance (EI) Record of Employment is not given to the employees at the time of layoff, they shall be sent by his Employer to the employee by registered mail to his last known address within twenty-four (24) hours from the time of layoff.
SENIORITY & LAYOFFS. 1. The Company will determine the necessity of reducing work time and the extent of the reduction required. Before any layoff or part timing, contractors performing work normally done by bargaining unit employees will be laid off. It is understood that certain work is not within the scope of bargaining unit employees such as work for which employees are not equipped or trained.
2. Layoffs need not apply to all Job Titles at the same time, but contract workers in any Job Title shall be laid off before any employees in that Job Title.
3. The Company will notify the Union and employees designated for layoff thirty (30) calendar days before the work force reduction occurs.
4. Employees laid off under the provisions of this Article will be offered the same medical and dental insurance coverage they had at the time of the work force reduction announcement. This coverage will extend to the end of the month in which the employee's last day worked occurs.
5. An employee, who is about to be laid off in the ▇▇▇▇▇▇ District may request a reassignment in the ▇▇▇▇▇▇ District of the same or dissimilar job title providing all of the following qualifications are met. The Company will consider, but cannot guarantee, transfer requests outside of the ▇▇▇▇▇▇ District.
a. The job is vacant and at the Company's option will be filled or the incumbent employee has less company service than the transferring employee. Company service is defined as the System Service date reflected in the employee's current HR record.
b. Bumping may only occur on a lateral or downward basis as determined by the maximum wage rates for the wage schedules involved.
c. The bumping employee has previously held the title in the job to be filled and was fulfilling the basic requirements of the job when he/she previously vacated the position. The bumping employee can perform, in the judgment of the Company, the requirements of the new job with a minimum of on the job training (defined as 40 hours or less) and without physical restriction.
d. In all cases, the most senior employee requesting transfer must displace the least senior employee in the job title and location to which he/she is requesting transfer. Multiple requests to displace the same incumbent shall be granted on a seniority basis providing all elements of Section 5 are met by all employees requesting transfer.
6. Employees affected by layoff, who elect not to transfer, shall be separated without loss of recall rights and severance pay.
7. Employ...
SENIORITY & LAYOFFS. 9.1. The Medical Center and the Association recognize that seniority shall prevail as set forth herein giving due regard to qualifications. All RNs shall accrue house-wide seniority from the date of their most recent employment with the Medical Center after successful completion of the probationary period contained herein. Seniority is defined as Hours Worked, PAL Hours Paid, Low Census Hours, and Long-Term Illness Paid.
9.2. Any RN promoted out of the Bargaining Unit will retain, but not accumulate, seniority attained up to the time of the transfer out of the Bargaining Unit. If an employee is hired for a position within the Bargaining Unit, seniority will commence from the date the RN is employed within the Bargaining Unit. RNs working TPD in a position outside the Bargaining Unit will retain their seniority, but not accumulate seniority for the hours worked outside the Bargaining Unit. RNs who work in a position, in which time is split between work within the Bargaining Unit and work outside of the Bargaining Unit, will accumulate seniority as follows:
a) Seniority will accrue for hours worked in the Bargaining Unit only.
9.3. Subject to the foregoing, seniority shall be the governing factor in promotion, transfers within the Medical Center, layoff, and recall provided that qualifications are equal.
9.4. A lay-off is defined as a separation from the service because of shortage of funds or materials, abolishment of position or for other involuntary reasons not reflecting discredit on a RN. The RN and the Association shall be given written notice of a pending lay-off at least thirty (30) days before the effective date, stating the reasons for the lay-off. Prior to RN layoffs the PCC will be notified.
9.5. After the initial face-to-face meeting of official notice, an RN will be given two business days to exercise their bumping rights.
9.6. Laid off RNs with seniority will be given the opportunity to fill positions of the least senior RNs under the following criterion:
a) Same or within .2 of present FTE status, except by mutual agreement.
b) Same shift
c) If no options on the same shift, the RN may have the option to bump into another shift if they have equal qualification demonstrated by documented competencies within their department. Home departments are defined as follows: ICU, Peds, Med/Surg, NICU, M/B, L&D, Childbirth Education, RNU, ED, Ortho, OR, Endo, Radiology, Floats, PACU, PAT Clinic, Heart Center, and Wound Care.
d) Vacant positions may be ide...
SENIORITY & LAYOFFS. 1. For purposes of this article only, District seniority shall be defined as the total length of service the unit member has accrued in the Unit, adjusted for any breaks in service and/or unpaid leaves of absence. In the event the District reduces staff in the Association, the following rules should apply:
a. Temporary, casual, and substitute appointments will be laid off first in the applicable classification.
b. The least senior individual within the classification affected will be reduced first and remaining layoffs will be made in inverse order of seniority.
c. The District will notify the affected employee 30 calendar days prior to the layoff where possible.
d. A recall list will be established for each classification abolished. The order of the list will be based on total years of service in the Unit.
e. A unit member’s name will be removed from the recall list in the following circumstances: where he/she accepts the position in the same classification and with the same number of hours as the abolished position, or upon expiration of one year, or non-acceptance or non-responsive to a recall letter, as more fully outlined in letter f below.
f. The District will send notices of all full-time and part-time vacant positions to those unit members still on the recall list via certified mail, return receipt requested. Substitute, temporary and casual positions will not be offered to those unit members on the recall list. The employee will have one calendar week from the date of receipt to respond to the written notice of a vacant position. The employee’s failure to respond in writing within one calendar week to accept any vacant position will be construed as non-acceptance, the employee’s name will be immediately removed from the recall list, and the District has no other obligations to the employee. If the employee does not accept the recalled position at the time it is offered and that position is the same classification and the same numbers hours of the position laid off from, his/her name shall be immediately removed from the recall list.
g. This Article is not applicable to a voluntary reduction to a part-time position but is applicable to an involuntary reduction to part-time.
h. In the event of a forced layoff, the District shall make an effort to absorb the employees in other areas of the District.
2. Unit members employed in full-time positions (40 or more hours per week) on February 1, 1999 shall not be excessed or transferred to a lower wage posi...
SENIORITY & LAYOFFS. 12.01 Seniority is the ranking of employees in accordance with their length of employment with the Employer. Seniority and service shall be calculated on the basis that each one thousand nine hundred and fifty (1950) hours paid equals one (1) year.
12.02 The Employer shall maintain a seniority list and post copies in the workplace each January and July showing the date of hire and hours worked (including overtime) for all staff. A copy of this list shall also be emailed to the Union office. Seniority as posted shall be deemed to be final and not subject to complaint unless an employee brings to the attention of management an error or discrepancy on such lists in a reasonable timely manner but in any event no later than twenty (20) calendar days from the date of posting. Employees on a Leave of Absence or Parental Leave shall have the opportunity to bring forward any errors or discrepancies in the seniority list within twenty days of their return to work.
12.03 An employee's seniority rights shall cease to exist and employment shall be deemed terminated if an employee:
a. voluntarily quits the employ of the Employer;
b. is discharged and such discharge is not reversed through the grievance procedure;
c. fails to report on the first day following the expiration of a leave of absence, unless a justifiable reason is given;
d. laid off for a continuous period of more than twelve (12) months;
e. has been absent for three (3) consecutive working days without having notified the Employer, unless a justifiable reason is given;
f. retires;
g. is off work due to illness or accident for a period of twenty- four (24) months;
h. is unable to be reached by the Employer by normal means for a period of sixty (60) days. It is agreed and understood that the twenty-four (24) month period stated in (g) means the date from the first day of illness or accident, and any time the employee may work as a means of rehabilitation will not disturb the original date of illness or accident.
SENIORITY & LAYOFFS. 20.1 A seniority list of all employees covered by this Agreement showing name, position, and date of entering service will be prominently posted on appropriate bulletin boards accessible to all employees affected. The Authority will post and revise this roster semi-annually. The roster will be open to protest and correction for a period of thirty (30) days, upon proof of error, presented by an employee or his/her representative, such error shall be corrected.
SENIORITY & LAYOFFS.
13.01 Seniority is the exclusive right of the Union and shall be under the jurisdiction of the Union and governed by the Local 685 By-Laws. All employees shall have their seniority with their continuous employment with the Corporation. Should the union decide whether to grant seniority to its members shall be the exclusive right of the Union. Seniority shall be based on the date the employee has successfully completed their training program. If two or more employees are successful on the same date, seniority will be based on the date and time Human Resources received the application. The Offer of Employment shall have the application date and time shown and a copy of the offer of employment shall be provided to the Financial Secretary of the Union.
(a) The seniority of employees in these groups will commence: employee commences regular duties. This does not mean when the employee commences training, but after approval has been given, by the Manager, that the Operator is considered qualified to perform an Operator's duties. employee will be credited with the correct seniority.
13.02 The seniority list shall be compiled with each individual Full-Time employee placed in accordance with they/their term of continuous service in they/their particular group.
13.03 After discussions between the Union and the Corporation, when a Full-Time Operator has been approved for LTD benefits he/she may be placed on an inactive list and their Full-Time position shall be permanently filled from the Casual roster in accordance with article 3.04 (c).
SENIORITY & LAYOFFS. 1. Seniority shall mean an employee's length of continuous service with the Employer since his/her last date of hire. Approved leaves of absence shall not constitute a break in the employee's seniority.
2. Once a year, the Union Secretary and the Staff Representative shall be given an updated seniority list.
3. New employees shall serve a six (6) month probation period. Upon completion of probation, his/her name shall be entered on the seniority list and shall be considered as regular employment in determining vacation and sick leave privileges.
4. In the event that a part-time, substitute or temporary employee is appointed to a regular position, prior service shall be credited toward service of the six (6) month probation period. A part-time employee (average 20 hours a week) shall earn seniority pro-rata in relationship to other part-time employees, and separate from full-time employees.
5. The Employer on the basis of a temporary transfer may fill new jobs or vacancies in existing classifications initially. Vacancies will be filled in a timely manner on the basis of temporary until the current employee who holds that position vacates it, at which time it will be posted for bid. Employees will be notified by mail of such openings. The employee will have five (5) working days to apply for the position. A copy of said notice shall be furnished to the Union.
6. Such vacancies shall be filled within ten (10) working days. Employees desiring to transfer to said vacancy shall submit a written application to the Director of Human Resources. Transfers in assignments and/or promotions for custodians and custodian-engineers shall be made on the basis of seniority, giving due regard to ability, efficiency and reliability of the individual. If it becomes necessary to bypass an employee's seniority, reasons for said denial shall be given to the employee, in writing, with a copy to the Union.
7. Assignments to positions of supervisor at the Middle School School, Senior High School, Kennedy, Roosevelt, and District Maintenance shall be made by the School District with input from a Union-appointed representative of the bargaining unit, giving due regard to ability, efficiency, and reliability of the individual. If all factors are equal, then such transfer and/or promotions shall be made on the basis of seniority. In the event that an employee is removed from an appointed position, or resigns from an appointed position, his/her seniority shall apply in placing him/her in...
SENIORITY & LAYOFFS. Each of the parties hereto recognizes that employees are entitled to an equitable measure of security based on length of service. The term
SENIORITY & LAYOFFS. When it becomes necessary to reduce the work force, the following procedure shall be followed:
A. Probationary - Probationary employees covered by this Agreement are to be laid off fi rst.
B. Thereafter, employees covered by this Agreement with seniority status will be I.aid off starting at the bottom of the seniority list (those with less seniority). Employees that are to be laid off shall receive seven (7) calendar days notice prior to layoff. The Un ion shall be notified at the same time. Notice of layoff shall be in-writing.
