Common use of Special rule: Refrigeration mechanic Clause in Contracts

Special rule: Refrigeration mechanic. a) An employer shall call back an employee who has been laid off within 15 working days of his layoff, provided the employee is able to per- form the work available. Proof of inability to perform the work is incumbent upon the em- ployer. b) This right to callback is acquired only after an employee has finished his probation period, in accordance with Article 14.01. c) An employee who is credited with more than 4,000 hours for the same employer is entitled to a callback period of 60 working days from the date of his layoff, provided he is able to perform the work available. Proof of inability to perform the work is incumbent upon the employer. d) For the purpose of implementing Paragraph c), the hours accumulated with the same employer are cancelled when the layoff extends for a pe- riod of 60 or more working days. e) An employee who is credited with more than 4,000 hours as a journeyman for the same em- ployer is entitled to a callback period of 120 working days from the date of his layoff, pro- vided he is able to perform the work available. Proof of inability to perform the work is incum- bent upon the employer. Regardless of Paragraph c), a refrigeration me- chanic who holds a journeyman competency certificate shall always have priority with re- spect to the right to callback. f) For the purpose of implementing Paragraph e), the hours accumulated with the same employer are cancelled when the layoff extends for a pe- riod of 120 or more working days. g) The employer shall not be required to call back an employee whose residence is located more than 120 kilometres from where the work is car- ried out. h) When a company ceases its operations, for any reason whatsoever, a regular employee shall retain the right to be called back by that em- ployer for a period of 12 months. When the employer resumes operations under the same name, under another name or as part of a new company, the employee shall be put back on the regular employee list with all the rights and privileges that were conferred to him when in the service of this employer.