Common use of Termination or Lay-off for Operational Reasons Clause in Contracts

Termination or Lay-off for Operational Reasons. 11.2.1 The College may lay-off or terminate the employment of an employee for operational reasons including budgetary exigencies, or program termination, modification or substitution. In the event the lay-off or termination involves a regular employee, the remaining provisions of this Clause shall apply. 11.2.2 When an employee's position is identified as redundant, the College shall notify the Union and form a joint layoff committee comprised of four (4) members, two (2) designated by the Union and two (2) designated by the College. The committee shall consider the alternatives to a layoff and explore all possible options as follows: 11.2.2.1 identify regular vacancies in the bargaining unit for which the employee is qualified; 11.2.2.2 determine whether any future temporary or part-time positions will be occurring for which the employee is qualified; 11.2.2.3 identify the position in the bargaining unit which the employee is qualified to occupy and for which the employee is able to use their seniority rights to displace another employee; or 11.2.2.4 determine if any other employee is eligible for early retirement. The committee will meet within two (2) weeks of the notice of redundancy and present the options to the President within two (2) weeks of their meeting. 11.2.3 Once the committee has issued their report, the employee will be given a notice of layoff and the options identified by the committee. The employee will be given a minimum of five (5) months notice of termination which, for other than unexpected budgetary changes, shall be given on or before February 28th. 11.2.4 Within thirty (30) calendar days of the notice of layoff the employee may advise the College that they wish to exercise their seniority rights to displace another employee in which case: 11.2.4.1 the employee shall identify the position within the bargaining unit occupied by a person with lesser seniority whom they intend to displace; 11.2.4.2 the employee must be qualified and able to perform the job of the less senior person, with or without a period of in-service training considered sufficient by the College up to a maximum of one (1) month or employee initiated training up to a maximum period of six

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

AutoNDA by SimpleDocs

Termination or Lay-off for Operational Reasons. 11.2.1 The College may lay-off or terminate the employment of an employee for operational reasons including budgetary exigencies, or program termination, modification or substitution. In the event the lay-off or termination involves a regular employee, the remaining provisions of this Clause shall apply. 11.2.2 When an employee's position is identified as redundant, the College shall notify the Union and form a joint layoff committee comprised of four (4) members, two (2) designated by the Union and two (2) designated by the College. The committee shall consider the alternatives to a layoff and explore all possible options as follows: 11.2.2.1 identify regular vacancies in the bargaining unit for which the employee is qualified; 11.2.2.2 determine whether any future temporary or part-time positions will be occurring for which the employee is qualified; 11.2.2.3 identify the position in the bargaining unit which the employee is qualified to occupy and for which the employee is able to use their his/her seniority rights to displace another employee; or 11.2.2.4 determine if any other employee is eligible for early retirement. The committee will meet within two (2) weeks of the notice of redundancy and present the options to the President within two (2) weeks of their meeting. 11.2.3 Once the committee has issued their report, the employee will be given a notice of layoff and the options identified by the committee. The employee will be given a minimum of five (5) months notice of termination which, for other than unexpected budgetary changes, shall be given on or before February 28th. 11.2.4 Within thirty (30) calendar days of the notice of layoff the employee may advise the College that they wish he/she wishes to exercise their his/her seniority rights to displace another employee in which case: 11.2.4.1 the employee shall identify the position within the bargaining unit occupied by a person with lesser seniority whom they intend he/she intends to displace; 11.2.4.2 the employee must be qualified and able to perform the job of the less senior person, with or without a period of in-service training considered sufficient by the College up to a maximum of one (1) month or employee initiated training up to a maximum period of six

Appears in 1 contract

Samples: Collective Agreement

Termination or Lay-off for Operational Reasons. 11.2.1 The College may lay-off or terminate the employment of an employee for operational reasons including budgetary exigencies, or program termination, modification or substitution. In the event the lay-off or termination involves a regular employee, the remaining provisions of this Clause shall apply. 11.2.2 When an employee's position is identified as redundant, the College shall notify the Union and form a joint layoff committee comprised of four (4) members, two (2) designated by the Union and two (2) designated by the College. The committee shall consider the alternatives to a layoff and explore all possible options as follows: 11.2.2.1 identify regular vacancies in the bargaining unit for which the employee is qualified; 11.2.2.2 determine whether any future temporary or part-time positions will be occurring for which the employee is qualified; 11.2.2.3 identify the position in the bargaining unit which the employee is qualified to occupy and for which the employee is able to use their his seniority rights to displace another employee; or 11.2.2.4 determine if any other employee is eligible for early retirement. The committee will meet within two (2) weeks of the notice of redundancy and present the options to the President within two (2) weeks of their meeting. 11.2.3 Once the committee has issued their report, the employee will be given a notice of layoff and the options identified by the committee. The employee will be given a minimum of five (5) months notice of termination which, for other than unexpected budgetary changes, shall be given on or before February 28th28. 11.2.4 Within thirty (30) calendar days of the notice of layoff the employee may advise the College that they wish he wishes to exercise their his seniority rights to displace another employee in which case: 11.2.4.1 the employee shall identify the position within the bargaining unit occupied by a person with lesser seniority whom they intend he intends to displace; 11.2.4.2 the employee must be qualified and able to perform the job of the less senior person, with or without a period of in-service training considered sufficient by the College up to a maximum of one (1) month or employee initiated training up to a maximum period of sixsix (6) months. In the latter case, the College will cover the cost of the training up to the maximum of the employee's severance entitlement; 11.2.4.3 where the displacement involves the relocation, the employee shall bear the entire cost of such relocation; 11.2.4.4 the employee shall retain his salary placement on scale and seniority. 11.2.5 The employee may opt for early retirement provided he is eligible to do so under the applicable pension plan, in which case he shall be entitled to additional pensionable service equivalent in value, as determined by the Superannuation Commissioner, to the severance pay compensation stipulated in Article 11.2.6 below. Benefits under this provision shall not exceed the time that would be required for the employee to reach his maximum retirement age. 11.2.6 The employee may opt for severance pay on the basis of one (1) month's current pay for each completed year of service with the College, up to a maximum of six (6) months' current basic pay. Benefits under this provision shall not exceed the time that would be required for the employee to reach his maximum retirement age. 11.2.7 Where the employee opts for and receives severance pay, he shall be placed on the recall list for a twenty-four (24) month period, effective the date of severance. Where the employee is rehired through the recall process during the period covered by severance pay, he shall repay to the College the proportionate amount of severance pay he received. Recall of employees shall be to positions within the Bargaining Unit and shall be in order of seniority, provided the employee to be recalled is qualified and able to do the work available and provided he is available to commence work when requested. An employee so recalled shall retain the seniority he accrued prior to layoff. 11.2.8 Where the employee exercises his seniority rights to displace another employee in a position that they are qualified to perform, the employee to be displaced must have less seniority. The employee so displaced shall have the right to displace another employee with less seniority. The employee laid off as a result of displacement shall be given a minimum of two (2) months' notice of termination. 11.2.9 The employee displacing another employee shall be on probation as per Article

Appears in 1 contract

Samples: Collective Agreement

AutoNDA by SimpleDocs

Termination or Lay-off for Operational Reasons. 11.2.1 The College may lay-off or terminate the employment of an employee for operational opera- tional reasons including budgetary exigencies, or program termination, modification or substitution. In the event the lay-off or termination involves a regular employee, the remaining re- maining provisions of this Clause shall apply. 11.2.2 When an employee's position is identified as redundant, the College shall notify the Union and form a joint layoff committee comprised of four (4) members, two (2) designated des- ignated by the Union and two (2) designated by the College. The committee shall consider con- sider the alternatives to a layoff and explore all possible options as follows: 11.2.2.1 identify regular vacancies in the bargaining unit for which the employee is qualified; 11.2.2.2 determine whether any future temporary or part-time positions will be occurring oc- curring for which the employee is qualified; 11.2.2.3 identify the position in the bargaining unit which the employee is qualified to occupy and for which the employee is able to use their his/her seniority rights to displace dis- place another employee; or 11.2.2.4 determine if any other employee is eligible for early retirement. The committee com- mittee will meet within two (2) weeks of the notice of redundancy and present the options to the President within two (2) weeks of their meeting. 11.2.3 Once the committee has issued their report, the employee will be given a notice of layoff and the options identified by the committee. The employee will be given a minimum mini- mum of five (5) months notice of termination which, for other than unexpected budgetary changes, shall be given on or before February 28th28. 11.2.4 Within thirty (30) calendar days of the notice of layoff the employee may advise the College that they wish he/she wishes to exercise their his/her seniority rights to displace another employee em- ployee in which case: 11.2.4.1 the employee shall identify the position within the bargaining unit occupied occu- pied by a person with lesser seniority whom they intend he/she intends to displace; 11.2.4.2 the employee must be qualified and able to perform the job of the less senior sen- ior person, with or without a period of in-service training considered sufficient by the College up to a maximum of one (1) month or employee initiated training up to a maximum period of sixsix (6) months. In the latter case, the College will cover the cost of the training up to the maximum of the employee’s severance entitle- ment; 11.2.4.3 where the displacement involves the relocation, the employer shall bear the entire cost of such relocation; 11.2.4.4 the employee shall retain his/her salary placement on scale and seniority. 11.2.5 The employee may opt for early retirement provided he/she is eligible to do so under the applicable pension plan, in which case he/she shall be entitled to additional pensionable service equivalent in value, as determined by the Superannuation Commis- sioner, to the severance pay compensation stipulated in Article 11.2.6 below. Benefits under this provision shall not exceed the time that would be required for the employee to reach his/her maximum retirement age. 11.2.6 Effective July 1, 2001, the employee may opt for severance pay on the basis of: 11.2.6.1 One (1) month’s current pay for each year of seniority rounded upward to the nearest year to a maximum of six (6) months’ salary and: 11.2.6.2 One (1) additional month’s current pay for each additional five (5) years of seniority rounded upward to the nearest year to a maximum of four (4) months’ salary. 11.2.7 Where the employee opts for and receives severance pay, he/she shall be placed on the recall list for a twenty-four (24) month period, effective the date of severance. Where the employee is rehired through the recall process during the period covered by severance pay, he/she shall repay to the College the proportionate amount of severance pay he/she received. Recall of employees shall be to positions within the Bargaining Unit and shall be in order of seniority, provided the employee to be recalled is qualified and able to do the work available and provided he/she is available to commence work when requested. An employee so recalled shall retain the seniority he/she accrued prior to lay- off. 11.2.8 Where the employee exercises his/her seniority rights to displace another em- ployee in a position that they are qualified to perform, the employee to be displaced must have less seniority. The employee so displaced shall have the right to displace another employee with less seniority. The employee laid off as a result of displacement shall be given a minimum of two (2) months’ notice of termination. 11.2.9 The employee displacing another employee shall be on probation as per Article

Appears in 1 contract

Samples: Collective Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!