Common use of shall govern Clause in Contracts

shall govern. Unless otherwise agreed during negotiations undertaken pursuant to this Section, the following procedures will apply in the event of a reduction of positions: (1) Prior to the layoff of any bargaining unit employee, the College will lay off any temporary employees performing substantially similar work within the department affected. In addition, work regularly performed by casual employees in such department shall be reassigned to any bargaining unit employee who would otherwise be laid off if such employee agrees to perform such work, as scheduled, and is qualified to do so. The compensation and benefits of any bargaining unit employee who assumes the assignment, including work schedule, of a casual employee shall be consistent with the provisions of the collective bargaining agreement. If the work assignment(s) assumed is less than 20 hours per week, the employee shall be considered a casual employee within the meaning of Article 2.1(b) and shall remain entitled to the recall provisions of Section 4(e) of this Article. If the work assignment(s) assumed by the employee amounts to more than 20 hours work per week, the employee shall retain his or her bargaining unit status and seniority and shall be paid the applicable wage rate and benefits under the collective bargaining agreement for so long as the employee remains in those assignments or assumes another position within the bargaining unit. (2) An employee whose position is eliminated under this Article shall have the option of voluntary layoff, transferring into a vacant position for which he/she is qualified and for which there are no bidders with greater seniority, or bumping into the position of a less senior employee for which he/she is qualified. (3) Employees whose positions are eliminate and opt for voluntary layoff or for whom there are no other available bargaining unit positions, shall be entitled to: a. One (1) week of severance pay for each year of employment up to a maximum of ten (10) weeks’ pay. Employees with more than ten (10) years of service shall receive an additional week’s pay for every two (2) additional years of service. Severance pay shall be paid on a weekly basis. b. Payment by the College for the normal cost of a laid-off employee’s continued medical/dental coverage under COBRA for the severance paid period. Such payment will be made directly to the employee on a monthly basis following his/her election of COBRA continuation coverage. Payments shall be used by the employee exclusively for the payment of insurance premiums which will be billed directly to the employee. c. Payment of accumulated sick leave; d. Early retirement benefits without penalty for employees vested in the pension plan if they are 62 or older with any length of service and; e. Recall to any bargaining unit position in his/her job classification for which she or he is qualified, and for which there are no senior bidders, for a period of one (1) year from the date of layoff, with retention of seniority; provided, however, that upon recall and the reinstatement of medical/dental coverage, severance and COBRA payments shall cease. f. An employee who has been laid off by the College and who is recalled or otherwise reemployed by the College shall, in the event of a subsequent layoff, receive severance pay as provided for in section (a) above, reduced by any amount paid to the employee pursuant to section (a) as a result of the earlier layoff.

shall govern. Unless otherwise agreed during negotiations undertaken pursuant to this Section, the following procedures will apply in the event of a reduction of positions: (1) Prior to the layoff of any bargaining unit employee, the College will lay off any temporary employees performing substantially similar work within the department affected. In addition, work regularly performed by casual employees in such department shall be reassigned to any bargaining unit employee who would otherwise be laid off if such employee agrees to perform such work, as scheduled, and is qualified to do so. The compensation and benefits of any bargaining unit employee who assumes the assignment, including work schedule, of a casual employee shall be consistent with the provisions of the collective bargaining agreement. If the work assignment(s) assumed is less than 20 hours per week, the employee shall be considered a casual employee within the meaning of Article 2.1(b) and shall remain entitled to the recall provisions of Section 4(e) of this Article. If the work assignment(s) assumed by the employee amounts to more than 20 hours work per week, the employee shall retain his or her their bargaining unit status and seniority and shall be paid the applicable wage rate and benefits under the collective bargaining agreement for so long as the employee remains in those assignments or assumes another position within the bargaining unit. (2) An employee whose position is eliminated under this Article shall have the option of voluntary layoff, transferring into a vacant position for which he/she is they are qualified and for which there are no bidders with greater seniority, or bumping into the position of a less senior employee for which he/she is they are qualified. (3) Employees whose positions are eliminate and opt for voluntary layoff or for whom there are no other available bargaining unit positions, shall be entitled to: a. One (1) week of severance pay for each year of employment up to a maximum of ten (10) weeks’ pay. Employees with more than ten (10) years of service shall receive an additional week’s pay for every two (2) additional years of service. Severance pay shall be paid on a weekly basis. b. Payment by the College for the normal cost of a laid-off employee’s continued medical/dental coverage under COBRA for the severance paid period. Such payment will be made directly to the employee on a monthly basis following his/her their election of COBRA continuation coverage. Payments shall be used by the employee exclusively for the payment of insurance premiums which will be billed directly to the employee. c. Payment of accumulated sick leave; d. Early retirement benefits without penalty for employees vested in the pension plan if they are 62 or older with any length of service and; e. Recall to any bargaining unit position in his/her their job classification for which she or he is qualified, and for which there are no senior bidders, for a period of one (1) year from the date of layoff, with retention of seniority; provided, however, that upon recall and the reinstatement of medical/dental coverage, severance and COBRA payments shall cease. f. An employee who has been laid off by the College and who is recalled or otherwise reemployed by the College shall, in the event of a subsequent layoff, receive severance pay as provided for in section (a) above, reduced by any amount paid to the employee pursuant to section (a) as a result of the earlier layoff.

shall govern. Unless otherwise agreed during negotiations undertaken pursuant to this Section, the following procedures will apply in the event of a reduction of positions: (1) Prior to the layoff of any bargaining unit employee, the College will lay off any temporary employees performing substantially similar work within the department affected. In addition, work regularly performed by casual employees in such department shall be reassigned to any bargaining unit employee who would otherwise be laid off if such employee agrees to perform such work, as scheduled, and is qualified to do so. The compensation and benefits of any bargaining unit employee who assumes the assignment, including work schedule, of a casual employee shall be consistent with the provisions of the collective bargaining agreement. If the work assignment(s) assumed is less than 20 hours per week, the employee shall be considered a casual employee within the meaning of Article 2.1(b) and shall remain entitled to the recall provisions of Section 4(e) of this Article. If the work assignment(s) assumed by the employee amounts to more than 20 hours work per week, the employee shall retain his or her bargaining unit status and seniority and shall be paid the applicable wage rate and benefits under the collective bargaining agreement for so long as the employee remains in those assignments or assumes another position within the bargaining unit. (2) An employee whose position is eliminated under this Article shall have the option of voluntary layoff, transferring into a vacant position for which he/she is qualified and for which there are no bidders with greater seniority, or bumping into the position of a less senior employee for which he/she is qualified. (3) Employees whose positions are eliminate and opt for voluntary layoff or for whom there are no other available bargaining unit positions, shall be entitled to: a. One (1) week of severance pay for each year of employment up to a maximum of ten (10) weeks’ pay. Employees with more than ten (10) years of service shall receive an additional week’s pay for every two (2) additional years of service. Severance pay shall be paid on a weekly basis. b. Payment by the College for the normal cost of a laid-off employee’s continued medical/dental coverage under COBRA for the severance paid period. Such payment will be made directly to the employee on a monthly basis following his/her election of COBRA continuation coverage. Payments shall be used by the employee exclusively for the payment of insurance premiums which will be billed directly to the employee. c. Payment of accumulated sick leave; d. Early retirement benefits without penalty for employees vested in the pension plan if they are 62 or older with any length of service and; e. Recall x. Xxxxxx to any bargaining unit position in his/her job classification for which she or he is qualified, and for which there are no senior bidders, for a period of one (1) year from the date of layoff, with retention of seniority; provided, however, that upon recall and the reinstatement of medical/dental coverage, severance and COBRA payments shall cease. f. An employee who has been laid off by the College and who is recalled or otherwise reemployed by the College shall, in the event of a subsequent layoff, receive severance pay as provided for in section (a) above, reduced by any amount paid to the employee pursuant to section (a) as a result of the earlier layoff.