Common use of SENIORITY, LAYOFFS AND RECALL Clause in Contracts

SENIORITY, LAYOFFS AND RECALL. 6.1 A seniority list shall be compiled no less than once per month and each permanent employee shall be placed on the list upon completion of their probationary period in accordance with their term of continuous service with the Corporation from the employee's last starting date. Copies of this seniority list will be forwarded to the Recording Secretary of the Union. A listing of Temporary employees and a listing of Temporary-2 employees showing name, work location, and most recent hire date will be forwarded to the Recording Secretary of the Union no less than once every two months. Where more than one individual has a common seniority date, the greater seniority shall be determined by date of hire full time / a random lot draw supervised and conducted by the Union at the time of introduction to the seniority list. 6.2 Seniority shall govern within the respective Division provided that the employees affected are of equal skill, qualifications and ability. In the event of a layoff, permanent employees shall be laid off by classification within their division in the inverse order of their seniority. "Laid off by classification" shall be understood to mean that when the employer finds it necessary to lay off a classification in the division, then the least senior employee(s) in the classification in the division shall be the first to be laid off. When necessary to re- call, they shall be recalled in the reverse order in which they were laid off. Employees who are retained within the division in the event of a layoff must have the necessary skills, qualifications and ability to perform the work required. 6.3 A full-time employee who is laid off may exercise their bumping rights into any job classification in the Bargaining Unit having a rate of pay the same as theirs or lower, providing they are bumping a full-time employee with less seniority and they presently possess the required skill, qualification and ability to perform the job they are bumping into with a three (3) working day orientation period and no training. An employee may bump into a higher-paid job provided the employee has the essential qualifications for the position into which they wish to bump. 6.4 a) A full-time employee who is laid off may displace a temporary or part-time employee provided that the laid off employee accepts all of the terms and conditions of employment applicable to the temporary or part-time position and is presently possessed of the required skill, qualifications and ability to perform the job. A full-time employee's recall rights shall not be affected by the fact they have displaced a temporary or part-time employee.

SENIORITY, LAYOFFS AND RECALL. 6.1 A 7.1 Employees of the Gas Section of the former Kitchener Public Utilities Commission and the former Kitchener Water Commission, shall not lose their seniority as a result of the Act to establish the Regional Municipality of Waterloo, Xxxx 167. Such seniority will be counted and included as seniority for the purpose of this Agreement. 7.2(A) The Corporation shall post a seniority list shall be compiled no less than once per month in January of each year, and each permanent employee shall will be placed on the list upon completion of their probationary period thereon in accordance with their term of continuous service with the Corporation Utilities Division of Infrastructure Services Department from the employee's ’s last starting date. Copies , and shall send a copy of this seniority such list will be forwarded to the Recording Secretary of the Union. A listing of Temporary employees and a listing of Temporary-2 employees showing name, work location, and most recent hire date will be forwarded to the Recording Secretary of the Local Union no less than once every two months. Where more than one individual has Business Representative. 7.2(B) Employees hired having a common seniority datedate after April 1, 1995, the greater seniority shall be determined by date of hire full time / a random lot draw supervised and conducted by the Union at the time of introduction to the seniority list. 6.2 Seniority shall govern within the respective Division provided that the employees affected are of equal skill, qualifications and ability. (A) In the event of a layoff, permanent employees planned layoff the Corporation shall discuss with the Union the job classification(s) to be laid off by classification within their division at least twenty (20) working days before the effective date of the layoff. (B) The last employee hired in the inverse order of their seniority. "Laid off by classification" shall be understood to mean that when the employer finds it necessary to lay off a classification in the division, then the least senior employee(s) in the classification in the division shall be the first to be employee laid off. When necessary to re- call, they off in that classification and the last employee laid off in that classification shall be recalled the first employee rehired subject to Clause 7.7. 7.4 Subject to Clause 7.5, if a permanent employee is absent from work because of layoff or authorized leave of absence, the employee shall not lose seniority but shall not accumulate seniority after the first thirty (30) calendar days of such layoff or authorized leave of absence. 7.5 Seniority status once acquired by permanent employees, will be lost only for the following reasons: a) Voluntary resignation. b) Discharge for proper cause not reversed through the Grievance Procedure. c) Subject to the provisions of Clause 17.1 herein, continuous non-employment including layoff or any authorized leave of absence, but not including sickness or accident, for a period of time equal to one-half (1/2) of the length of their seniority at the time of lay off or leave, or for a period of twelve (12) months, whichever is the lesser. d) Continuous non-employment by reason of sickness or accident for a period of time equal to twenty-four (24) months, at the time the absence commenced. e) Failure to signify intention to return to work after recall from layoff within five (5) working days following proper notification by the Corporation by Registered Mail sent to the employee at the last address provided by the employee to the Corporation, and failure to return to work after an additional five (5) working days following such notification. If an employee notifies the Corporation within five (5) working days that they are unable to return to work within the prescribed time for a legitimate reason, their name will not be struck from the seniority list. These time limitations may be extended for valid reasons, such as sickness, death in the reverse order family, accident or other legitimate reasons. The employee’s name however will be passed over and the next in which they were laid off. Employees who are retained within the division in the event line of a layoff must have the necessary skills, qualifications and ability to perform the work requiredseniority will be recalled. 6.3 A full-time employee who is laid off may exercise their bumping rights into any job classification in the Bargaining Unit having f) Absence from work without justifiable excuse for a rate period of pay the same as theirs or lower, providing they are bumping a full-time employee with less seniority and they presently possess the required skill, qualification and ability to perform the job they are bumping into with a three (3) consecutive scheduled working day orientation period days. In the event that an employee has so lost their seniority status, they shall no longer be regarded as an employee covered by this Agreement and no trainingthe Corporation shall not be obligated to rehire the employee. 7.6 The Corporation shall notify employees who are to be laid off five (5) working days before the layoff is to be effective. If the employee laid off has not had the opportunity to work five (5) full days after notice of layoff, the employee shall be paid in lieu of work for that part of five (5) days during which work was not made available. An employee may bump into entitled to more than one (1) week’s notice under the Employment Standards Act will be dealt with in accordance with such Act. 7.7 Officers of the Union, namely the Local Chair, Vice Chair, the Recorder, and two (2) Stewards, during their terms of office, shall be the last persons laid off so long as full time work which, in the opinion of the Corporation, they are able to perform at their own or at a higher-paid lower wage level, is available. 7.8 An employee transferred or promoted to a position outside of the Bargaining Unit shall not lose seniority but shall not accrue seniority during the twelve (12) calendar months immediately succeeding such transfer or promotion. 7.9 If any employee becomes disabled and is unable to continue in their regular job, then preference will be given to the employee in fulfilling any other job provided for which the employee has the essential qualifications and abilities to fill at the prevailing rate for the position into which they wish to bumpnew job. 6.4 a) A full-time employee who is laid off may displace a temporary or part-time employee provided that the laid off employee accepts all of the terms and conditions of employment applicable to the temporary or part-time position and is presently possessed of the required skill, qualifications and ability to perform the job. A full-time employee's recall rights shall not be affected by the fact they have displaced a temporary or part-time employee.

SENIORITY, LAYOFFS AND RECALL. 6.1 A seniority list 7.1 Seniority shall be compiled no less than once per month and each permanent employee shall be placed on mean the list upon completion of their probationary period in accordance with their term employee’s length of continuous service with the Corporation Employer from his/her most recent date of hire in this bargaining unit, including time prior to the employee's last starting date. Copies effective date of this Agreement. 7.2 Probationary employees shall not acquire seniority list will be forwarded during their probationary period upon successful completion of the probationary period; such employees shall acquire seniority retroactive to the Recording Secretary first day of the Union. A listing probationary period. 7.3 For temporary employees who become regular, full-time employees as of Temporary employees and a listing of Temporary-2 employees showing nameJanuary 1, work location1998, and their most recent date of hire shall become their seniority date, except that they may not have a seniority date, which supersedes that of any full-time regular person in the same craft, who is on the payroll as of January 1, 1998. In such cases, the temporary employee shall be assigned a seniority date will be forwarded to the Recording Secretary of the Union no which is one day less than once every two monthsthe least senior full-time regular employee. Where more than one individual has a common If employees have the same seniority date, the greater tie will be broken by the last digit of the employees’ social security numbers, with the highest digit being the most senior. The second tie breaker will be the month and day of the employee’s birthdays, with the earliest month and day being the most senior. 7.4 An employee shall lose his/her seniority if: A. The employee is terminated for just cause, voluntarily quits or retires; B. The employee accepts a position with the Employer in management, or any other position not in this bargaining unit; provided that seniority shall not be determined by date lost if the employee is returned to a position in the bargaining unit within 12 months of hire full time / the initial reassignment out of the unit. C. The employee is on layoff for a random lot draw supervised period exceeding twelve consecutive months. 7.5 The Employer and conducted by the Union at the time of introduction to the shall jointly maintain a seniority list. 6.2 Seniority , which shall govern within the respective Division provided that the employees affected are of equal skill, qualifications and abilitybe updated from time to time as required. In the event that more than one employee is hired on the same date, the company shall designate the order of hire for purposes of seniority. 7.6 The Employer retains the right to determine the circumstances that necessitate a layoff, permanent and to determine the number of employees who will be subject to layoff, the classifications in which layoffs will occur, and other conditions of the layoff. Any layoffs shall be laid off by classification within their division (trade) seniority in accordance with the other provisions of this Article. Affected employees and the union shall be provided no less than forty-five (45) days notice of the effective date of any layoffs under this section. 7.7 Whenever it becomes necessary because of lack of work or lack of funds or for other reasons permitted under this Agreement to reduce the work force, the Employer shall layoff in the inverse order of their seniorityfollowing order: 1. "Laid off by classification" Any temporary or seasonal part-time Employees within the classification shall be understood to mean that when the employer finds it necessary to lay off a classification in the division, then the least senior employee(s) in the classification in the division shall be the first to be laid off. 2. When necessary Any probationary Employees within the classification shall be next to re- callbe laid off. 3. Next to be laid off will be part-time Employees, they starting with Employees with the least seniority, within the classification affected. 4. Next to be laid off will be full-time Employees, starting with Employees with the least seniority, within the classification affected. 7.8 The Painter with the most seniority shall be recalled first, provided the employee is eligible for recall. Employees shall be recalled only for open positions in the reverse order in classification from which they were laid off. Employees who are retained within the division in the event of a layoff must have the necessary skills, qualifications and ability to perform the work required. 6.3 A full-time employee who is laid off may exercise their bumping rights into any job classification in the Bargaining Unit having a rate of pay the same as theirs or lower, providing they are bumping a full-time employee with less seniority and they presently possess the required skill, qualification and ability to perform the job they are bumping into with a three (3) working day orientation period and no training. An employee may bump into a higher-paid job provided the employee has the essential qualifications for the position into which they wish to bump. 6.4 a) A full-time employee who is laid off may displace a temporary or part-time employee provided that the laid off employee accepts all of the terms and conditions of employment applicable to the temporary or part-time position and is presently possessed of the required skill, qualifications and ability to perform the job. A full-time employee's recall rights shall not be affected by the fact they have displaced a temporary or part-time employee.

SENIORITY, LAYOFFS AND RECALL. 6.1 A seniority list shall be compiled no less than once per month and 12.1. On or about January 1 of each permanent employee shall be placed on the list upon completion of their probationary period in accordance with their term of continuous service with the Corporation from the employee's last starting date. Copies of this seniority list will be forwarded to the Recording Secretary of the Union. A listing of Temporary employees and a listing of Temporary-2 employees showing name, work location, and most recent hire date will be forwarded to the Recording Secretary of the Union no less than once every two months. Where more than one individual has a common seniority dateyear, the greater seniority Employer shall be determined by date of hire full time / post a random lot draw supervised and conducted by the Union at the time of introduction to list indicating the seniority listof each employee within the Utilities Division. 6.2 Seniority shall govern within the respective Division provided that the employees affected are of equal skill, qualifications and ability12.2. In the event of a layoff, permanent employees shall be laid off by classification within their division in the inverse order of their seniority. "Laid off by classification" shall be understood to mean that when the employer finds it necessary to lay off a classification in the division, then the least senior employee(s) in the classification in the division seniority and ability shall be the first to factors in determining which employees, within the affected classifications will be laid off. When necessary to re- callability is substantially equal, they seniority shall be recalled the determining factor. Seniority for layoff purposes shall be defined as the amount of continuous service an employee has spent in his/her current classification. No regular employee shall be laid off or demoted while there are extra help or probationary employees serving within the affected classification. Employees laid off shall be given two (2) weeks notice in writing or, at the Employer's option, two (2) weeks separation pay. 12.3. Employees receiving layoff notices by classification will have the right to bump down into the next lower previously held or lower classification that the Director has determined he/she is qualified. Ability and seniority shall be the determining factor for layoff. For purposes of seniority, all time employed within a higher classification as a regular employee shall be credited for seniority in previously held classification. 12.4. In the event of a recall, the County shall first attempt to rehire those employees who were laid off in the reverse order in which they were laid off. Employees who are retained of their layoff, within the division in the event of a layoff must have the necessary skillsaffected classification, qualifications and ability to perform the work required. 6.3 A full-time employee who is laid off may exercise their bumping rights into any job classification in the Bargaining Unit having a rate of pay the same as theirs or lower, providing if they are bumping a full-time employee available for work. Such rehired employees shall return with less county seniority and they presently possess for purposes of computing fringe benefits, except the required skill, qualification and ability to perform the job they are bumping into with a three (3) working day orientation period and no training. An employee may bump into a higher-paid job provided the employee has the essential qualifications for the position into which they wish to bump. 6.4 a) A full-time employee who is laid off may displace a temporary or part-time employee provided that the laid off employee accepts all of the terms and conditions of employment applicable to the temporary or part-time position and is presently possessed of the required skill, qualifications and ability to perform the job. A full-time employee's recall rights layoff shall not be affected counted. Laid off employees shall retain seniority for recall purposes for one (1) year following the effective date of the layoff. Fringe benefits shall include annual leave, sick leave and longevity. Employees’ sick leave balances shall be restored upon rehire or recall. 12.5. Employees laid off by the fact County who are desirous of reemployment in other departments, while on layoff from this Agreement, shall notify the county Human Resources Division and shall complete a Layoff Personnel Form identifying positions for which they have displaced are potentially qualified. Qualified employees shall receive consideration by individual departments prior to open recruitment and hiring of new employees for regular full time position vacancies. Laid off employees shall be eligible to receive such consideration for a temporary or part-time employeeperiod of one (1) year from their effective date of layoff.

SENIORITY, LAYOFFS AND RECALL. 6.1 A seniority list 7.1 Seniority shall be compiled no less than once per month and each permanent employee shall be placed on mean the list upon completion of their probationary period in accordance with their term employee’s length of continuous service with the Corporation Employer from his/her most recent date of hire in this bargaining unit, including time prior to the employee's last starting date. Copies effective date of this Agreement. 7.2 Probationary employees shall not acquire seniority list will be forwarded during their probationary period upon successful completion of the probationary period; such employees shall acquire seniority retroactive to the Recording Secretary first day of the Union. A listing probationary period. 7.3 For temporary employees who become regular, full-time employees as of Temporary employees and a listing of Temporary-2 employees showing nameJanuary 1, work location1998, and their most recent date of hire shall become their seniority date, except that they may not have a seniority date, which supersedes that of any full-time regular person in the same craft, who is on the payroll as of January 1, 1998. In such cases, the temporary employee shall be assigned a seniority date will be forwarded to the Recording Secretary of the Union no which is one day less than once every two monthsthe least senior full-time regular employee. Where more than one individual has a common If employees have the same seniority date, the greater tie will be broken by the last digit of the employees’ social security numbers, with the highest digit being the most senior. The second tie breaker will be the month and day of the employee’s birthdays, with the earliest month and day being the most senior. 7.4 An employee shall lose his/her seniority if: A. The employee is terminated for just cause, voluntarily quits or retires; B. The employee accepts a position with the Employer in management, or any other position not in this bargaining unit; provided that seniority shall not be determined by date lost if the employee is returned to a position in the bargaining unit within 12 months of hire full time / the initial reassignment out of the unit. C. The employee is on layoff for a random lot draw supervised period exceeding twelve consecutive months. 7.5 The Employer and conducted by the Union at the time of introduction to the shall jointly maintain a seniority list. 6.2 Seniority , which shall govern within the respective Division provided that the employees affected are of equal skill, qualifications and abilitybe updated from time to time as required. In the event that more than one employee is hired on the same date, the company shall designate the order of hire for purposes of seniority. 7.6 No employees will be laid off if subcontractors are performing work within the scope and capabilities of bargaining unit employees unless said subcontracting is occurring at sites currently referred to as Asset Management Properties (“AMPS”) that have demonstrated three (3) consecutive months of negative fiscal data or directives from the U.S. Department of Housing and Urban Development or legislative changes necessitate. If employees have been laid off, no subcontracting of work traditionally performed by the laid off employee’s craft shall occur at sites currently referred to as AMPS not meeting the definition as described above unless that subcontracting is due to work falling under modernization or capitally funded projects. 7.6.1 An AMP subcontracting pursuant to Article 7.6 can no longer subcontract under the provisions of that Article once that AMP has achieved positive year to date fiscal data. 7.7 The Employer will attempt to avoid layoffs, so long as the Employer determines that current levels of employment in the Bargaining Unit are consistent with available funding and effective and efficient operation of the agency. The Employer retains the right to determine that circumstances that necessitate a layoff, permanent and to determine the number of employees who will be subject to layoff, the classifications in which layoffs will occur, and other conditions of the layoff. Any layoffs shall be laid off by classification within their division seniority in accordance with the other provisions of this Article. 7.8 Whenever it becomes necessary because of lack of work or lack of funds to reduce the work force, the Employer shall layoff in the inverse order of their seniorityfollowing order: 1. "Laid off by classification" Any temporary or seasonal part-time Employees within the classification shall be understood to mean that when the employer finds it necessary to lay off a classification in the division, then the least senior employee(s) in the classification in the division shall be the first to be laid off. 2. When necessary Any probationary Employees within the classification shall be next to re- callbe laid off. 3. Next to be laid off will be part-time Employees, they starting with Employees with the least seniority, within the classification affected. 4. Next to be laid off will be full-time Employees, starting with Employees with the least seniority, within the classification affected. 7.8 The employee with the most seniority shall be recalled first, provided the employee is eligible for recall. Employees shall be recalled only for open positions in the reverse order in classification from which they were laid off. 7.9 Employees having seniority shall be eligible for re-employment for 12 months from the date of initial layoff. Employees who are retained within The Employer will notify the division employee entitled to re-employment and the union by certified mail sent to the last known address of the employee, as recorded in the event personnel files of a layoff must have the necessary skills, qualifications and ability Employer. If the employee refuses re-employment or fails to perform appear at the work required. 6.3 A fullEmployer’s premises for re-time employee who is laid off may exercise their bumping rights into any job classification in the Bargaining Unit having a rate of pay the same as theirs or lower, providing they are bumping a full-time employee with less seniority and they presently possess the required skill, qualification and ability to perform the job they are bumping into with a employment within three (3) working day orientation period and no training. An employee may bump into a higherbusiness days after receiving the Employer’s re-paid job provided employment notice, the employee has shall lose all seniority rights. It shall be the essential qualifications for the position into which they wish to bump. 6.4 a) A full-time employee who is laid off may displace a temporary or part-time employee provided that the laid off employee accepts all responsibility of the terms and conditions employee to provide the Employer with written notice of employment applicable to the temporary or part-time position and is presently possessed of the required skill, qualifications and ability to perform the job. A full-time employee's recall rights shall not be affected by the fact they have displaced a temporary or part-time employeehis/her current address.

SENIORITY, LAYOFFS AND RECALL. 6.1 A seniority list shall be compiled no less than once per month and each permanent employee shall be placed on the list upon completion of their probationary period in accordance with their term of continuous service with the Corporation from the employee's last starting date. Copies of this seniority list will be forwarded to the Recording Secretary of the Union. A listing of Temporary employees and a listing of Temporary-2 employees showing name, work location, and most recent hire date will be forwarded to the Recording Secretary of the Union no less than once every two months. Where more than one individual has a common seniority date, the greater seniority shall be determined by date of hire full time / a random lot draw supervised and conducted by the Union at the time of introduction to the seniority list. 6.2 Seniority shall govern within the respective Division provided that the employees affected are of equal skill, qualifications and ability. In the event of a layoff, permanent employees shall be laid off by classification within their division in the inverse order of their seniority. "Laid off by classification" shall be understood to mean that when the employer finds it necessary to lay off a classification in the division, then the least senior employee(s) in the classification in the division shall be the first to be laid off. When necessary to re- call, they shall be recalled in the reverse order in which they were laid off. Employees who are retained within the division in the event of a layoff must have the necessary skills, qualifications and ability to perform the work required. 6.3 A full-time employee who is laid off may exercise their bumping rights into any job classification in the Bargaining Unit having a rate of pay the same as theirs or lower, providing they are bumping a full-time employee with less seniority and they presently possess the required skill, qualification and ability to perform the job they are bumping into with a three (3) working day orientation period and no training. An employee may bump into a higher-paid job provided the employee has the essential qualifications for the position into which they wish to bump. 6.4 a) A full-time employee who is laid off may displace a temporary or part-time employee provided that the laid off employee accepts all of the terms and conditions of employment applicable to the temporary or part-time position and is presently possessed of the required skill, qualifications and ability to perform the job. A full-time employee's recall rights shall not be affected by the fact they have displaced a temporary or part-time employee.