Seniority Transfers Promotions Layoffs and Job Sharing Sample Clauses

Open Split View

Download

Share

Cite

Seniority Transfers Promotions Layoffs and Job Sharing 

Sample 1

Save

Copy

Related to Seniority Transfers Promotions Layoffs and Job Sharing

• Transfer and Seniority Outside the Bargaining Unit (a) It is understood that an employee shall not be transferred by the Hospital to a position outside the bargaining unit without his consent except in the case of temporary assignments not exceeding six (6) months. Such employees on temporary assignments shall remain members of the bargaining unit. (b) An employee who is transferred to a position outside the bargaining unit shall not, subject to (c) below, accumulate seniority. In the event the employee is returned by the Hospital to a position in the bargaining unit within twenty-four (24) months of the transfer he or she shall be credited with the seniority held at the time of transfer and resume accumulation from the date of his or her return to the bargaining unit. An employee not returned to the bargaining unit within 24 months shall forfeit bargaining unit seniority. (c) In the event an employee transferred out of the bargaining unit under (b) above is returned to the bargaining unit within a period of six (6) calendar months, he shall accumulate seniority during the period of time outside the bargaining unit."

• SENIORITY AND LAYOFFS 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment. 11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction. 11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasons: a. if the employee voluntarily quits his employment; b. if the employee is discharged for a just cause and the discharge is not reversed through the grievance procedure; c. for failure to report to work following a layoff pursuant to the terms of Article 11.07; d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given; e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply; f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein; g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted. 11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations: a. seniority standings of the employees; b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off. 11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff. 11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place. 11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return. 11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen

• LAYOFFS AND RECALL 16.01 It is not the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employer. 16.02 In the event of lay-off, employees shall be laid off in reverse order of their seniority provided that those persons retained have the necessary skills, qualifications, and ability to perform the duties of those jobs maintained. a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to: i) Accept the lay-off and be recalled under the terms of the Collective Agreement or; ii) Displace the most junior permanent Educational Assistant in the Division. b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September. c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period. 16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job. 16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work. 16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof. 16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure. 16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours. 16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there. 16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.

• Labour Management Meetings The committee meeting shall normally be held every second month however, either party may call a meeting of the Joint Labour Management Committee. The meeting shall be held at a time and place fixed by mutual agreement but no later than fourteen (14) calendar days after the initial request, unless mutually agreed.

• LAYOFFS AND RECALLS (a) Employees will be laid off in reverse order of seniority whenever there is a reduction of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site. (b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire. (c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall. (d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client. (e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately. (f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.

• Transitional Arrangements 1. Subject to the provisions of paragraphs 2, 3 and 4, no Member shall be obliged to apply the provisions of this Agreement before the expiry of a general period of one year following the date of entry into force of the WTO Agreement. 2. A developing country Member is entitled to delay for a further period of four years the date of application, as defined in paragraph 1, of the provisions of this Agreement other than Articles 3, 4 and 5. 3. Any other Member which is in the process of transformation from a centrally-planned into a market, free-enterprise economy and which is undertaking structural reform of its intellectual property system and facing special problems in the preparation and implementation of intellectual property laws and regulations, may also benefit from a period of delay as foreseen in paragraph 2. 4. To the extent that a developing country Member is obliged by this Agreement to extend product patent protection to areas of technology not so protectable in its territory on the general date of application of this Agreement for that Member, as defined in paragraph 2, it may delay the application of the provisions on product patents of Section 5 of Part II to such areas of technology for an additional period of five years. 5. A Member availing itself of a transitional period under paragraphs 1, 2, 3 or 4 shall ensure that any changes in its laws, regulations and practice made during that period do not result in a lesser degree of consistency with the provisions of this Agreement.

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

• VACANCIES, TRANSFERS AND PROMOTIONS A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a vacancy is defined as a newly created position or a current position in the bargaining unit which the Board intends to fill which has become open due to death, reassignment, retirement, resignation or dismissal of an employee. Such positions will not be posted until all teachers are assigned. 1. The above vacancies shall be posted online and via school email to all staff. 2. Positions as described above shall be posted at least ten (10) business days prior to being permanently filled, unless the vacancy occurs and is posted within ten (10) business days of the first official teacher work day of the school year. In that case, the posting period will be five (5) business days. 3. Any employee may apply for such positions by submitting a written letter to the Superintendent's Office. 4. After the last instructional day of the year, the Board shall post vacancies at the Superintendent’s Office. An employee with a request for a transfer on file under D. below or who has requested summer vacancy notices under C. below will be notified. B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee desiring to learn of position vacancies that occur during the summer shall leave self-addressed, stamped envelopes in the Personnel Office. Application for and filling of such summer vacancies shall follow the procedures in B. above. C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a request by an employee for transfer to a different building or position may be made at any time. Such request shall be made in writing to the Personnel Office with a copy to the Association President. The application shall set forth the school, grade or position sought, and the applicant's qualifications. Such request shall be reviewed twice each year to assure active consideration by the Board. In the event an employee is granted a transfer, the record of the transfer and any pertinent information related to the transfer shall be placed into the employee’s personnel file. No employee will be discriminated against because of a request to transfer.

• Labor Management Meetings Section 11.1. In the interest of sound labor/management relations, the parties agree to meet at agreeable dates and times for the purpose of discussing those issues outlined herein. Normally, meetings held pursuant to this Article will occur no more frequently than once every three (3) months, unless matters of an urgent nature require immediate attention. No more than three (3) employee representatives in pay status will attend such meetings. The Employer and OAPSE may have representatives as each deems necessary to address the issues. Section 11.2. The party requesting the meeting shall furnish an agenda and the names of the employees who will be attending, with the request for the meeting. Subjects that may be discussed at these meetings shall include but not be limited to the items listed below: A. Discuss the administration of this Agreement. B. Notify OAPSE of changes made by the Employer which may affect bargaining unit members. C. Discuss grievances which have not been processed beyond the final step of the Grievance Procedure when such discussions are mutually agreed to by the parties. D. Disseminate general information of interest to the parties. E. Give OAPSE representatives the opportunity to share the views of its members and/or make suggestions on subjects of interest to their members. F. Discuss ways to improve efficiency and work performance. Section 11.3. Written responses promised by either party shall be submitted to the other party within ten (10) work days after such meeting. Section 11.4. Labor/Management meetings are not intended to be negotiation sessions to alter or amend the basic agreement. Section 11.5. In the event of a change of duties of a position within the bargaining unit, or in the event that a new position is created within the Library, the Employer shall determine whether the new or changed position will be included in or excluded from the bargaining unit and shall so advise the Union in writing within thirty (30) calendar days. If the Union disputes the Employer's determination of bargaining unit status, the parties shall meet in an attempt to resolve their disagreement within seven (7) calendar days from the Union notification to the Employer. If the parties agree on the determination, it shall be implemented as agreed by the Employer and the Union and a joint petition for amendment of the bargaining unit shall be filed with the State Employment Relations Board (SERB). If the parties do not agree, the parties shall jointly petition SERB pursuant to Chapter 4117 of the Ohio Revised Code and the SERB Rules and Regulations for a determination of bargaining unit status.

• TRANSFERS AND PROMOTIONS 9.1 Notices for permanent full-time vacancies within this bargaining unit, including full-time entry level positions, shall be posted online though the district website posting system and an email will be sent out to every employee notifying them of the job opening, and a copy of each posting shall be sent to the Union Vice-President. Notices shall be posted five (5) working days prior to the application deadline, unless in an emergency the time frame may be reduced after consulting with the local Vice-President of the Union. No permanent appointment shall be made until after the deadline for filing applications. The positions will be filled, if possible, from those seeking a lateral transfer and if not possible, from those seeking promotion. Part-time employees will be given preference for full-time vacancies over outside applicants. Transfers will be honored according to seniority. Positions that will be or have been vacant for at least 6 months shall be posted within 10 days of the vacancy. Also all posted positions will be filled within 30 days of the vacancy. Vacancies means any permanent separation of employment and does not apply when positions are not being filled due to 7:5. 9.2 Service in a part-time position will be converted to full-time equivalency and used to determine seniority status in bidding for an upgraded position (i.e. four (4) hours per work day equals two (2) years full-time seniority). 9.3 The written notice of a vacancy shall contain: (a) type of vacancy; (b) position description; (c) location and shift; (d) starting date; (e) qualifications; (f) salary; and (g) other relevant information. 9.4 The written notice set forth for a particular position shall not be substantively changed after posting. 9.5 Employees who desire a transfer to a posted position may apply as specified in the posting notice. The decision on transfer requests shall be awarded to the most senior applicant, provided he or she is qualified for the position.