Common use of Xxxxxx and Recall Clause in Contracts

Xxxxxx and Recall. ‌ 12:01 Where by reason of a shortage of work or funds, or the abolition of a position or material changes in duties or organization, the Employer determines that a lay off(s) is necessary, the Employer shall determine the classification(s) from which the lay-off(s) are to take place. 12:02 The Employer shall determine the group of employees concerned within each classification from which employees are to be laid off. 12:03 Where the lay-off(s) of employee(s) is necessary, the Employer shall provide the Union with written notice not less than thirty (30) days prior to the date of lay off(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected. 12:04 Employees selected for lay-off shall receive four (4) weeks’ notice or payment in lieu. No notice is required for term employees who are released at the end of their term. The Union shall be provided with a copy of all lay-off notices issued. 12:05 In determining the order of lay-off of employees, seniority shall be the determining factor. This Article is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will be required to perform. Term employees with less than two (2) years of continuous service shall first be considered for lay-off. 12:06 An employee identified for lay-off may exercise an option to bump an employee with less seniority in the same, equivalent or lower classification, subject to the following: (a) Where an employee is identified for lay-off, the Employer may identify a vacant suitable placement that is at the same or an equivalent classification and the same annual hours of work where the employee is deemed to have the qualifications and ability to perform the duties. The employee may only decline the placement opportunity if the position would require change of work location from one community to another community outside of a twenty (20) kilometer radius measured from the employee’s current work location. (b) If no vacant suitable placement is identified by the Employer, or the employee declines the opportunity under subsection (a), the employee may exercise an option to bump, into another positon of same, equivalent or lower classification, and the employee shall notify the Administrator in writing of the employee’s intention to bump, within five (5) working days of being identified for lay-off, subject to the following: (i) The Employer will create a list of potential position(s) and share it with the Union: (ii) The employee must have the qualifications and ability to perform the work of the position they are seeking to bump into; (iii) The employee will bump the most junior employee in the positon; (iv) A term employee laid off prior to the expiry of his/her term may only bump another term employee with the same scheduled expiry date. 12:07 An employee who is bumped pursuant to Article 12:06 shall be given notice of lay-off and may, in turn exercise a bumping option as set out in Article 12:06. The process will continue in this manner until there are no bumping opportunities. 12:08 An employee who is entitled to bump into another position in accordance with the provisions of this Article shall have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the necessary qualifications and ability to enable the employee to bump another employee. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable, and non discriminatory manner. The onus of proof rests with the Employer in any dispute over the application of qualifications and ability to perform the duties which the remaining employees will be required to perform.

Appears in 1 contract

Samples: Collective Agreement

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Xxxxxx and Recall. a) When there is a reduction in the working force the following procedure shall be used: 12:01 Where by reason of a shortage of work or funds1) Probationary employees shall be laid off first, or the abolition of a position or material changes in duties or organization, the Employer determines that a lay off(s) is necessary, the Employer shall determine the classification(s) from which the lay-off(s) are to take placeexcepting skilled trades journeymen. 12:02 The Employer shall determine 2) Employees will be laid off according to inverse seniority, provided there are available employees who are able to do the group work of the employee or employees concerned within each classification from which employees are to be laid off. 12:03 Where b) Whenever the lay-off(s) question of employee(s) is necessaryability becomes a dispute during a layoff or recall, the Employer following procedure shall provide the Union with written notice not less than thirty (30) days prior to the date of lay off(s)apply. The parties employee or employees involved in such a dispute shall then meet be placed on the job in dispute and shall be given up to discuss a ten (10) work day trial period to prove that he is able or not able of doing the steps to be taken to assist the employees affectedwork. 12:04 Employees selected for lay-off shall receive four (4) weeks’ notice or payment 13:2 When there is an increase in lieu. No notice is required for term the working force after a layoff, employees who are released at the end of their term. The Union shall be recalled to work according to their seniority, provided with a copy of all lay-off notices issued. 12:05 In determining the order of lay-off of employees, seniority shall be the determining factor. This Article is subject to the requirement that the employees who are retained must have to be recalled can do the qualifications and ability to perform work. 13:3 When there is a reduction in the dutiesworking force, which the remaining names of employees so affected will be required supplied to performthe Committee Chairman. 13:4 Notwithstanding his seniority status, a member of the Committee in the event of a layoff, shall be continued at work as long as work is available in his classification which he is able to do and thereafter, shall be continued at other work in the plant as long as other work is available which he is able to do. 14:1 Provided an employee has clocked out and has left the Company premises and is called back to the plant for work he shall receive a minimum of two (2) hours pay at the straight time rate for such time worked plus applicable overtime. Term employees with In addition he will receive two (2) hours pay at the straight time rate as a call back premium. 14:2 Industrial Technicians called in on an emergency basis will receive two (2) hours at their straight time rate as a call in premium, and applicable overtime for the work performed. In addition, where the work is less than two (2) years of continuous service shall first be considered hours long the Company will pay at the straight time hourly rate the difference between time worked and two (2) straight hours. This provision is to cover the Saturday afternoon shift and Sunday afternoon shift for lay-offunscheduled breakdowns and is to supplement overtime required by the Industrial Technicians Department, not replace it. 12:06 An employee identified for lay-off may exercise an option to bump an employee with less seniority in the same, equivalent or lower classification, subject to the following: (a) Where an employee is identified for lay-off, the Employer may identify a vacant suitable placement that is at the same or an equivalent classification and the same annual hours of work where the employee is deemed to have the qualifications and ability to perform the duties. 14:3 The employee may only decline the placement opportunity if the position would require change of work location from one community to another community outside of a twenty (20) kilometer radius measured from the employee’s current work location. (b) If no vacant suitable placement is identified by the Employer, or the employee declines the opportunity under subsection (a), the employee may exercise an option to bump, into another positon of same, equivalent or lower classification, and the employee shall notify the Administrator in writing of the employee’s intention to bump, within five (5) working days of being identified for lay-off, subject to the following: (i) The Employer will create a list of potential position(s) and share it with the Union: (ii) The employee must have the qualifications and ability to perform the work of the position they are seeking to bump into; (iii) The employee will bump the most junior employee in the positon; (iv) A term employee laid off prior to the expiry of his/her term may only bump another term employee with the same scheduled expiry date. 12:07 An employee who is bumped pursuant to Article 12:06 shall be given notice of lay-off and may, in turn exercise a bumping option as set out in Article 12:06. The process will continue in this manner until there are no bumping opportunities. 12:08 An employee who is entitled to bump into another position in accordance with the provisions of this Article shall have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the necessary qualifications and ability to enable the employee to bump another employee. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall determine qualifications, and the ability selection of employees to perform the duties which the remaining employees be called in or called back will be required to perform, based on the criteria established in a fair, reasonable, and non discriminatory manner. The onus of proof rests with the Employer in any dispute over the application of qualifications and ability to perform the duties which the remaining employees will be required to perform.Article 26:4

Appears in 1 contract

Samples: Collective Agreement

Xxxxxx and Recall. ‌ 12:01 Where by reason of a shortage of work or funds, or the abolition of a position or material changes in duties or organization, SECTION 1. When the Employer determines that a lay off(s) layoff or job abolishment is necessary, the Employer shall determine notify the classification(saffected Employee(s) from which and the lay-off(sUnion at least fourteen (14) are to take place. 12:02 The Employer shall determine days in advance of the group effective date of employees concerned within each classification from which employees are to be laid off. 12:03 Where such layoff or job abolishment. If the lay-off(s) of employee(s) is necessaryUnion requests, the Employer shall provide the Union with written notice not less than thirty (30) days prior to the date of lay off(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected. 12:04 Employer’s action. Employees selected for lay-off whose jobs are abolished shall receive four (4) weeks’ notice or payment in lieu. No notice is required for term employees who are released at the end of their term. The Union shall be provided with a copy of all lay-off notices issued. 12:05 In determining the order of lay-off of employees, seniority shall be the determining factor. This Article is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will be required to perform. Term employees with less than two (2) years of continuous service shall first be considered for lay-off. 12:06 An employee identified for lay-off may exercise an option to bump an employee with less seniority in the same, equivalent or lower classification, subject to the following: (a) Where an employee is identified for lay-off, the Employer may identify same rights as a vacant suitable placement that is at the same or an equivalent classification and the same annual hours of work where the employee is deemed to have the qualifications and ability to perform the duties. The employee may only decline the placement opportunity if the position would require change of work location from one community to another community outside of a twenty (20) kilometer radius measured from the employee’s current work location. (b) If no vacant suitable placement is identified by the Employer, or the employee declines the opportunity under subsection (a), the employee may exercise an option to bump, into another positon of same, equivalent or lower classification, and the employee shall notify the Administrator in writing of the employee’s intention to bump, within five (5) working days of being identified for lay-off, subject to the following: (i) The Employer will create a list of potential position(s) and share it with the Union: (ii) The employee must have the qualifications and ability to perform the work of the position they are seeking to bump into; (iii) The employee will bump the most junior employee in the positon; (iv) A term employee laid off prior to the expiry of his/her term may only bump another term employee with the same scheduled expiry date. 12:07 An employee who is bumped pursuant to Article 12:06 shall be given notice of lay-off and may, in turn exercise a bumping option as set out in Article 12:06. The process will continue in this manner until there are no bumping opportunities. 12:08 An employee who is entitled to bump into another position Employee in accordance with the provisions of this Article Article. SECTION 2. The Employer shall determine when a layoff will occur. Affected Employees will be laid off in accordance with their established seniority. Bargaining unit Employee(s) with the least seniority will be laid off first, in the following order: a) Temporary Employees; b) Part-time Employees; c) New hires who have not completed their probationary period; d) Employees who have completed their probationary period. In the event that more than one Employee has the same date of hire, the Employee with the lowest last four (4) digits of his/her Social Security number shall have preference in seniority. SECTION 3. Employees who are laid off shall be placed on a familiarization recall list for a period of twelve (12) months. If there is a recall, Employees who are still on the recall list shall be recalled in reverse order of their layoff. SECTION 4. Notice of recall shall be sent to the Employee by certified or registered mail. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice, return receipt requested, to the last mailing address provided by the Employee. SECTION 5. The recalled Employee shall have five (5) calendar days following the date of receipt of the recall notice to notify the Employer of his/her intention to return to work and shall have seven (7) calendar days following the receipt of the recall notice in which to report for duty, unless a different date for returning to work is otherwise specified in the new positionnotice. SECTION 6. The purpose Employer shall maintain an up-to-date seniority list which shall be posted on the bulletin board once each year. Said list shall remain posted for a fourteen (14) calendar day period and shall include the Employee’s name, initial date of hire, and position within the Department as it relates to seniority. After posting the list, any valid errors brought to the attention of the familiarization period is to allow the employee to become oriented to the specific duties Employer shall be corrected within thirty (30 days of the positionposting. The familiarization period It is not intended the Employee’s responsibility to be a period during which an employee acquires check these lists for accuracy and have the necessary qualifications and ability errors corrected. If the Employee fails to enable do so, the employee to bump another employee. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capability. The EmployerEmployer may rely upon such information without liability until notified, in making a decision with respect to determining which employees are to be retained and which employees are to be laid offwriting, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable, and non discriminatory manner. The onus of proof rests with the Employer in any dispute over the application of qualifications and ability to perform the duties which the remaining employees will be required to performsuch error(s).

Appears in 1 contract

Samples: Cooks, Laundry, & Custodial Workers’ Contract

Xxxxxx and Recall. ‌ 12:01 Where by reason a. If, in the sole discretion of the Board, it is determined that a shortage of work or funds, or the abolition of a position or material changes in duties or organizationlayoff is necessary for any reason, the Employer determines following procedures shall govern such layoff. a.1.1 Affected employees shall be laid off according to seniority within the job classification, with the least senior employee laid off first. b. Seniority shall be as defined in Chapter 3, Article 1.01. c. The following classifications shall be used for the purpose of defining classification in the event of layoff: ● Bus Drivers ● Mechanics ● Maintenance ● Secretaries ● Cooks ● Custodians ● Aides d. The Board shall determine in which classifications the layoff shall occur and the number of employees to be laid off. In the classification of layoff, employees with the least seniority shall be laid off first. However, full time employees within a given classification shall not be laid off when part time employees are working. e. A full time employee who is being laid off in his/her current job classification may transfer his/her seniority into another job classification if that a lay off(semployee worked in that job classification for Fairfield Local Schools and is qualified (or licensed, if required) is necessaryto work in that job classification at the time of the layoff notification. He/she will be placed at the salary step commensurate with his/her experience in that classification. f. At least seven (7) calendar days prior to the effective date of layoffs, the Employer Board shall determine prepare and share via email a list containing the classification(s) from which the lay-off(s) are to take place. 12:02 The Employer shall determine the group names, seniority dates and classifications of those employees concerned within each classification from which employees who are to be laid off. 12:03 Where the lay-off(s) . A copy of employee(s) is necessary, the Employer shall provide the Union with written notice not less than thirty (30) days prior to the date of lay off(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected. 12:04 Employees selected for lay-off shall receive four (4) weeks’ notice or payment in lieu. No notice is required for term employees who are released at the end of their term. The Union this posting shall be provided with to the FEA. Employees laid off shall be paid for all earned but unpaid overtime and vacation days (if the employee desires or so requests) no later than fourteen (14) calendar days following the layoff. g. For the classification in which the layoff occurs, the Board shall prepare a copy reinstatement list and the names of all lay-employees who have been laid off notices issuedshall be placed on a reinstatement list in the reverse order of layoff. 12:05 In determining h. After complying with Chapter 3, Article 1.04, recalls which occur in the order classification of lay-off of employees, seniority layoff shall be the determining factor. This Article is subject offered to the requirement that senior most employee in said classification by certified mail to the employees employee's last known address. Any employee who are retained must have declines reinstatement or fails to respond within fourteen (14) calendar days of receipt of notice of recall shall be removed from the qualifications reinstatement list and ability to perform shall be considered terminated. If the dutiesnotice is refused, which unclaimed or not deliverable, the remaining employees employee will be required deemed to perform. Term employees with less than have declined reinstatement and to have terminated his/her employment fourteen (14) calendar days after postal delivery by certified mail was attempted. i. The employee shall remain on the reinstatement list for a period of two (2) years of continuous service shall first be considered for lay-off. 12:06 An employee identified for lay-off may exercise an option to bump an employee with less seniority in the same, equivalent or lower classification, subject to the following: (a) Where an employee is identified for lay-off, the Employer may identify a vacant suitable placement that is at the same or an equivalent classification and the same annual hours of work where the employee is deemed to have the qualifications and ability to perform the duties. The employee may only decline the placement opportunity if the position would require change of work location from one community to another community outside of a twenty (20) kilometer radius measured from the employee’s current work location. (b) effective date of layoff. If no vacant suitable placement is identified by the Employerreinstated from layoff during this period, or the employee declines the opportunity under subsection (a), the employee may exercise an option to bump, into another positon of same, equivalent or lower classification, and the such employee shall notify the Administrator in writing of the employee’s intention to bump, within five (5) working days of being identified for lay-off, subject to the following: (i) The Employer will create a list of potential position(s) and share it with the Union: (ii) The employee must have the qualifications and ability to perform the work of the position they are seeking to bump into; (iii) The employee will bump the most junior employee in the positon; (iv) A term employee laid off prior to the expiry of his/her term may only bump another term employee with the same scheduled expiry dateretain all previously accumulated seniority. 12:07 An employee who is bumped pursuant to Article 12:06 shall be given notice of lay-off and may, in turn exercise a bumping option as set out in Article 12:06. The process will continue in this manner until there are no bumping opportunities. 12:08 An employee who is entitled to bump into another position in accordance with the provisions of this Article shall have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the necessary qualifications and ability to enable the employee to bump another employee. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable, and non discriminatory manner. The onus of proof rests with the Employer in any dispute over the application of qualifications and ability to perform the duties which the remaining employees will be required to perform.

Appears in 1 contract

Samples: Master Contract

Xxxxxx and Recall. 12:01 Where by reason of a shortage of work or funds, or the abolition of a position or material changes in duties or organization, the Employer determines that a lay off(s) is necessary, the Employer shall determine the classification(s) from which the lay-off(s) are to take place. 12:02 The Employer shall determine the group of employees concerned within each classification from which employees are to 31.01 Regular Employees may be laid off. 12:03 Where the lay-off(s) of employee(s) is necessary, the Employer shall provide the Union with written notice not less than thirty (30) days prior to the date of lay off(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected. 12:04 Employees selected for lay-off shall receive four (4) weeks’ notice or payment in lieu. No notice is required for term employees who are released at the end of their term. The Union shall be provided with a copy of all lay-off notices issued. 12:05 In determining the order of lay-off of employees, seniority shall be the determining factor. This Article is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will be required to perform. Term employees with less than two (2) years of continuous service shall first be considered for lay-off. 12:06 An employee identified for lay-off may exercise an option to bump an employee with less seniority in the same, equivalent or lower classification, subject to the following: (a) Where an employee is identified for lay-off, the Employer may identify a vacant suitable placement that is at the same or an equivalent classification and the same annual hours of work where the employee is deemed to have the qualifications and ability to perform the duties. The employee may only decline the placement opportunity if the position would require change of work location from one community to another community outside of a twenty (20) kilometer radius measured from the employee’s current work location. (b) If no vacant suitable placement is identified by the Employer, or the employee declines the opportunity under subsection (a), the employee may exercise an option to bump, into another positon of same, equivalent or lower classification, and the employee shall notify the Administrator in writing of the employee’s intention to bump, within five (5) working days of being identified for lay-off, subject to the following: (i) The Employer will create a list of potential position(s) and share it with the Union: (ii) The employee must have the qualifications and ability to perform the work of the position they are seeking to bump into; (iii) The employee will bump the most junior employee in the positon; (iv) A term employee laid off prior to the expiry of his/her term may only bump another term employee with the same scheduled expiry date. 12:07 An employee who is bumped pursuant to Article 12:06 shall be given notice of lay-off and may, in turn exercise a bumping option as set out in Article 12:06. The process will continue in this manner until there are no bumping opportunities. 12:08 An employee who is entitled to bump into another position in accordance with the provisions of this Article shall have a familiarization period in Article. 31.02 For the new position. The purpose of this Article the familiarization period is following definitions shall apply: (a) lay-off - a separation from employment as a result of lack of work, or a reduction in hours to allow full-time or part-time Employees. (b) seniority" - the employee to become oriented to length of continuous employment at the specific duties site. 31.03 Except in circumstances beyond the reasonable control of the position. The familiarization period is not intended to Employer, the notice of layoff of the Employees shall be a period during which an employee acquires the necessary qualifications as follows: (a) fourteen (14) calendar days for full-time and ability to enable the employee to bump another employeepart-time Employees. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees 31.04 When Employees are to be laid off, the Employer shall determine qualificationslayoff such Employees in the affected classification in reverse order of their seniority. 31.05 The time spent by probationary Employees on layoff will be added to the probationary period at the time of recall. 31.06 When an Employee has been given notice of lay-off or notice of position abolishment, the Employee has the option of: (a) accepting a vacant position for which she is qualified based upon applicable classification if available; (b) working·as a casual Employee; or (c) bumping a less senior Employee in a position based upon applicable classification. 31.07 Seniority is lost, all rights are forfeited, and the ability Employer shall not be obliged to recall an Employee: (a) when the Employee resigns or employment is properly terminated; or (b) when the Employee does not return to work on recall within three (3) working days of employees to perform the duties which stated reporting date, or the remaining employees will Employee cannot be required to perform, in a fair, reasonable, and non discriminatory manner. The onus located after reasonable effort on the part of proof rests with the Employer in any dispute over to recall the application Employee; or (c) upon the expiry of qualifications and ability twelve (12) months following layoff during which time the Employee has not been recalled to perform work. 31.08 This Article does not apply to temporary Employees whose employment is terminated at the duties which the remaining employees will be required to performend of a specific term of employment.

Appears in 1 contract

Samples: Collective Agreement

Xxxxxx and Recall. ‌ 12:01 Where by reason 19:01 In the event of a shortage of work or fundslayoff, or the abolition of a position or material changes in duties or organization, the Employer determines that a lay off(s) is necessary, the Employer shall determine the classification(s) from which the lay-off(s) are to take place. 12:02 The Employer shall determine the group of employees concerned within each classification from which employees are to be laid off. 12:03 Where the lay-off(s) of employee(s) is necessary, the Employer shall provide the Union with written notice not less than thirty (30) days prior to the date of lay off(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected. 12:04 Employees selected for lay-off shall receive notice or pay in lieu of notice as follows: (a) Less than five (5) years’ service, a minimum of four (4) weeks’ notice or payment in lieu. No notice is required for term employees who are released at the end ; (b) At least five (5) years and less than ten (10) years of their term. The Union service, six (6) weeks; or (c) At least ten (10) years of service, eight (8) weeks. 19:02 Employees shall be provided with a copy laid off in reverse order of all lay-off notices issuedseniority. 12:05 In determining the order of lay-19:03 An employee who is laid off of employees, seniority shall be entitled to exercise their seniority to bump into any classification within the determining factor. This Article is subject to scope of this Agreement with the requirement that the employees who are retained must have same or lower salary range, provided they possess the qualifications and ability sufficient to perform the dutiesrequired work, or they may choose to accept layoff. Any employee thus displaced shall have the same rights. 19:04 Notice of layoff shall be given by personal service or by registered mail to the employee and a copy of the notice will be provided to the Union. 19:05 An employee who is on layoff shall not be entitled to notice of layoff when they return to work on an incidental basis. 19:06 No new employee shall be hired to fill vacancies when employees who are eligible for recall are qualified, able and available to fill the vacancy. 19:07 Employees on layoff are to be recalled in order of seniority. Such recall shall be made by registered mail, and shall provide for a minimum of one (1) weeks’ notice to report back to work. The employee is required to contact the Employer within one (1) week of such notice, confirming their intention to return to work as scheduled. The employee shall return to work within fourteen (14) days of receipt of the notification. An employee who declines to return to a position comparable to that held prior to layoff, without reasonable cause, shall be considered terminated. 19:08 An employee recalled to work in a different classification from which they were laid off shall have the remaining right to return to the position they held prior to the layoff should it become vacant within one (1) year of being called back and such vacancy shall not be subject to the job posting procedure. 19:09 To be eligible for recall, prior to the employee’s last shift worked, the employee must provide the Employer with their current address, and further, must inform the Employer of any address changes. 19:10 An employee who exercises their seniority rights shall be entitled to a four (4) week familiarization period. In the event that the employee cannot function effectively in the position at the conclusion of the familiarization period, they shall be placed directly onto layoff status and the person originally displaced from the position shall, if not yet recalled, be returned to the position. 19:11 Laid off employees will shall be entitled to apply for job vacancies other than those to which they have recall rights. 19:12 Accumulated vacation entitlement shall be paid out at time of layoff, unless the parties agree otherwise. 19:13 Employees who are absent from work due to an approved leave of absence shall be advised of layoff in accordance with this Agreement and shall be required to perform. Term employees comply with less than two (2) years all provisions of continuous service this Agreement except that they shall first not be considered for lay-off. 12:06 An employee identified for lay-off may exercise an option expected to bump an employee with less seniority in the same, equivalent or lower classification, subject return to the following: (a) Where an employee is identified for lay-off, the Employer may identify a vacant suitable placement that is at the same or an equivalent classification and the same annual hours of work where the employee is deemed to have the qualifications and ability to perform the duties. The employee may only decline the placement opportunity if the position would require change of work location from one community to another community outside of a twenty (20) kilometer radius measured from the employee’s current work location. (b) If no vacant suitable placement is identified by the Employer, or the employee declines the opportunity under subsection (a), the employee may exercise an option to bump, into another positon of same, equivalent or lower classification, and the employee shall notify the Administrator in writing of the employee’s intention to bump, within five (5) working days of being identified for lay-off, subject to the following: (i) The Employer will create a list of potential position(s) and share it with the Union: (ii) The employee must have the qualifications and ability to perform the work of the position they are seeking to bump into; (iii) The employee will bump the most junior employee in the positon; (iv) A term employee laid off prior to the expiry of his/her term may only bump another term employee with the same scheduled expiry datetheir leave of absence. 12:07 An 19:14 Where an employee who is bumped pursuant to Article 12:06 shall be given notice of lay-off and may, in turn exercise a bumping option as set out in Article 12:06. The process will continue in this manner until there are no bumping opportunities. 12:08 An employee who is entitled to bump into another position alleges that the employee’s layoff has not been in accordance with this Agreement, the provisions of grievance procedure set forth in this Article Agreement shall have a familiarization period in apply except that the new position. The purpose grievance shall be initiated at the second step of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the necessary qualifications and ability to enable the employee to bump another employeeprocedure. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable, and non discriminatory manner. The onus of proof rests with the Employer in any dispute over the application of qualifications and ability to perform the duties which the remaining employees will be required to perform.

Appears in 1 contract

Samples: Collective Agreement

Xxxxxx and Recall. ‌ 12:01 Where by reason A. In the event of a shortage layoff, employees shall be laid off in the reverse order of work or funds, or the abolition of a position or material changes in duties or organization, the Employer determines that a lay off(s) is necessary, the Employer shall determine the classification(s) from which the lay-off(s) are to take placetheir seniority within their classification. 12:02 The Employer shall determine the group of B. Laid off employees concerned within each classification from which can bump junior employees are to be laid off. 12:03 Where the lay-off(s) of employee(s) is necessary, the Employer shall provide the Union with written notice not less than thirty (30) days prior to the date of lay off(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected. 12:04 Employees selected for lay-off shall receive four (4) weeks’ notice or payment in lieu. No notice is required for term employees who are released at the end of their term. The Union shall be provided with a copy of all lay-off notices issued. 12:05 In determining the order of lay-off of employees, seniority shall be the determining factor. This Article is subject to the requirement that the employees who are retained must they have the qualifications and ability to perform the duties, which the remaining employees will be required to perform. Term employees with less than two (2) years of continuous service shall first be considered for lay-off. 12:06 An employee identified for lay-off may exercise an option to bump an employee with less seniority in the same, equivalent or lower classification, subject to the following: (a) Where an employee is identified for lay-off, the Employer may identify a vacant suitable placement that is at the same or an equivalent classification and the same annual hours of work where the employee is deemed to have the qualifications and ability to perform the duties. The employee may only decline the placement opportunity if the position would require change of work location from one community to another community outside of a twenty (20) kilometer radius measured from the employee’s current work location. (b) If no vacant suitable placement is identified by the Employer, or the employee declines the opportunity under subsection (a), the employee may exercise an option to bump, into another positon of same, equivalent or lower classification, and the employee shall notify the Administrator in writing of the employee’s intention to bump, within five (5) working days of being identified for lay-off, subject to the following: (i) The Employer will create a list of potential position(s) and share it with the Union: (ii) The employee must have the qualifications and ability to perform the work of the position they are seeking to bump into; (iii) The employee will bump the most junior employee in the positon; (iv) A term employee laid off prior to the expiry of his/her term may only bump another term employee with the same scheduled expiry date. 12:07 An employee who is bumped pursuant to Article 12:06 shall be given notice of lay-off and may, in turn exercise a bumping option as set out in Article 12:06. The process will continue in this manner until there are no bumping opportunities. 12:08 An employee who is entitled to bump into another position in accordance with the provisions of this Article shall have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the necessary qualifications and the ability to enable the employee to bump another employeeperform such job. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capability. C. The Employer, in making a decision with respect to determining which employer shall notify employees are to be retained and which employees who are to be laid off, ten (10) working days prior to the effective day of layoff, or award pay in lieu thereof, unless a greater period of notice is required by legislation, in which case, such greater period of notice or pay in lieu thereof shall determine qualificationsbe given. D. Employees shall be recalled in order of their seniority, where jobs become available, provided they have the qualifications and the ability of employees to perform the duties which the remaining employees will be required to perform, in such jobs following a fair, reasonable, and non discriminatory mannertrial or training period. The onus employer shall give notice of proof rests recall by registered mail to the last recorded address of the employee. The employee shall return to work within seven (7) working days from the time that he/she receives notice of recall unless, on reasonable grounds, he/she is unable to do so. An employee who has been given notice of recall may refuse to exercise such right without prejudicing his/her right to recall in the future should the recall be for part-time or temporary. Recall rights shall lapse if the lay-off lasts more than eighteen (18) consecutive months without the Employee returning to work with the Employer pursuant to recall. E. No new employees shall be hired until those laid off have been given the opportunity of recall. Laid-off employees who wish to be notified of job vacancies, other than those to which they have recall rights, may signify their desire in any dispute over writing prior to layoff and shall be entitled to apply for such jobs. A copy of the application employee’s request shall be given to the employer and sent to the Union. F. In the event of qualifications and ability a layoff, employees affected shall have the right to perform continue coverage of benefits, as permissible by the duties which Plan, by making 100% of the remaining employees will be required payment directly to performthe Town.

Appears in 1 contract

Samples: Collective Agreement

Xxxxxx and Recall. ‌ 12:01 Where by reason of a shortage of work or funds, or the abolition of a position or material changes in duties or organization, SECTION 1. When the Employer determines that a lay off(s) layoff or job abolishment is necessary, the Employer shall determine notify the classification(saffected Employee(s) from which and the lay-off(sUnion at least fourteen (14) are to take place. 12:02 The Employer shall determine days in advance of the group effective date of employees concerned within each classification from which employees are to be laid off. 12:03 Where such layoff or job abolishment. If the lay-off(s) of employee(s) is necessaryUnion requests, the Employer shall provide the Union with written notice not less than thirty (30) days prior to the date of lay off(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected. 12:04 Employer’s action. Employees selected for lay-off whose jobs are abolished shall receive four (4) weeks’ notice or payment in lieu. No notice is required for term employees who are released at the end of their term. The Union shall be provided with a copy of all lay-off notices issued. 12:05 In determining the order of lay-off of employees, seniority shall be the determining factor. This Article is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will be required to perform. Term employees with less than two (2) years of continuous service shall first be considered for lay-off. 12:06 An employee identified for lay-off may exercise an option to bump an employee with less seniority in the same, equivalent or lower classification, subject to the following: (a) Where an employee is identified for lay-off, the Employer may identify same rights as a vacant suitable placement that is at the same or an equivalent classification and the same annual hours of work where the employee is deemed to have the qualifications and ability to perform the duties. The employee may only decline the placement opportunity if the position would require change of work location from one community to another community outside of a twenty (20) kilometer radius measured from the employee’s current work location. (b) If no vacant suitable placement is identified by the Employer, or the employee declines the opportunity under subsection (a), the employee may exercise an option to bump, into another positon of same, equivalent or lower classification, and the employee shall notify the Administrator in writing of the employee’s intention to bump, within five (5) working days of being identified for lay-off, subject to the following: (i) The Employer will create a list of potential position(s) and share it with the Union: (ii) The employee must have the qualifications and ability to perform the work of the position they are seeking to bump into; (iii) The employee will bump the most junior employee in the positon; (iv) A term employee laid off prior to the expiry of his/her term may only bump another term employee with the same scheduled expiry date. 12:07 An employee who is bumped pursuant to Article 12:06 shall be given notice of lay-off and may, in turn exercise a bumping option as set out in Article 12:06. The process will continue in this manner until there are no bumping opportunities. 12:08 An employee who is entitled to bump into another position Employee in accordance with the provisions of this Article Article. SECTION 2. The Employer shall determine when a layoff will occur. Affected Employees will be laid off in accordance with their established seniority. Bargaining unit Employee(s) with the least seniority will be laid off first, in the following order: a) Temporary Employees; b) Part-time Employees; c) New hires who have not completed their probationary period; d) Employees who have completed their probationary period. In the event that more than one Employee has the same date of hire, the Employee with the lowest last four (4) digits of his/her Social Security number shall have preference in seniority. SECTION 3. Employees who are laid off shall be placed on a familiarization recall list for a period of twelve (12) months. If there is a recall, Employees who are still on the recall list shall be recalled in reverse order of their layoff. SECTION 4. Notice of recall shall be sent to the Employee by certified or registered mail. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice, return receipt requested, to the last mailing address provided by the Employee. SECTION 5. The recalled Employee shall have five (5) calendar days following the date of receipt of the recall notice to notify the Employer of his/her intention to return to work and shall have seven (7) calendar days following the receipt of the recall notice in which to report for duty, unless a different date for returning to work is otherwise specified in the new positionnotice. SECTION 6. The purpose Employer shall maintain an up-to-date seniority list which shall be posted on the bulletin board once each year. Said list shall remain posted for a fourteen (14) calendar day period and shall include the Employee’s name, initial date of hire, and position within the department as it relates to seniority. After posting the list, any valid errors brought to the attention of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to Employer shall be a period during which an employee acquires the necessary qualifications and ability to enable the employee to bump another employee. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable, and non discriminatory manner. The onus of proof rests with the Employer in any dispute over the application of qualifications and ability to perform the duties which the remaining employees will be required to perform.corrected within thirty

Appears in 1 contract

Samples: Cooks’, Laundry and Custodial Workers’ Contract

Xxxxxx and Recall. 18:01 A layoff shall be defined as a reduction in the work force or a reduction in an employee’s regular hours of work. 12:01 Where 18:02 Employees shall be laid-off in reverse order of seniority provided always that the employees to be retained possess the ability, skill, reliability and qualifications to perform the remaining work. 18:03 Employees who are laid-off shall be placed on a re-employment list. 18:04 Notification of recall following a lay-off shall be sent by reason certified letter to the last reported address of a shortage the employee. 18:05 No new employee shall be hired until those laid-off who meet the requirements of work or funds, or the abolition job have been given an opportunity of a position or material changes in duties or organizationrecall. 18:06 Unless legislation is more favourable to the employees, the Employer determines Agency shall give the employee written notice of the date upon which she is to be laid-off at least four (4) weeks before the date on which she is laid-off, and to the extent that a lay off(s) such minimum notice is necessarynot given, the Employer employee shall determine receive pay in lieu thereof. 18:07 Notification of recall following a lay-off shall be sent by certified letter to the classification(slast reported address of the employee. An employee who is recalled from lay- off shall be required to indicate within three (3) working days her/his intention to return to work. The employee shall be required to return to work within fourteen (14) calendar days, whenever possible, but in any case within thirty (30) calendar days of such notification. 18:08 Employees on continuous lay-off for a period of eighteen (18) months shall, at the end of that period, be considered terminated and their names shall be removed from which the recall list. 18:09 Grievances concerning layoffs and recalls shall be initiated at the Executive Director’s step of the Grievance Procedure. 18:10 When an employee is to be laid-off, he/she shall be allowed two (2) hours off during his/her last shift in order to attend to any personnel or pay related matters not yet settled. 18:11 To the extent that lay-offs may occur, the parties agree to meet as far in advance as possible to plan for resultant change, but in any case no less than one month before lay-off(s) are to take placeoccurs. 12:02 The Employer shall determine the group of employees concerned within each classification from which 18:12 Term employees are to be laid off. 12:03 Where the lay-off(s) of employee(s) is necessary, the Employer shall provide the Union with written notice not less than thirty (30) days prior to the date of lay off(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected. 12:04 Employees selected for lay-off shall receive four (4) weeks’ notice or payment in lieu. No notice is required for term employees who are released permitted bumping rights at the end of their terma term of employment. The Union shall be provided with Nothing in this agreement denies a copy of all lay-off notices issued. 12:05 In determining the order of lay-off of employees, seniority shall be the determining factor. This Article is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will be required to perform. Term employees with less than two (2) years of continuous service shall first be considered for lay-off. 12:06 An employee identified for lay-off may exercise an option to bump an employee with less seniority in the same, equivalent or lower classification, subject to the following: (a) Where an employee is identified for lay-off, the Employer may identify a vacant suitable placement that is at the same or an equivalent classification and the same annual hours of work where the employee is deemed to have the qualifications and ability to perform the duties. The employee may only decline the placement opportunity if the position would require change of work location from one community to another community outside of a twenty (20) kilometer radius measured from the employee’s current work location. (b) If no vacant suitable placement is identified by the Employer, or the employee declines the opportunity under subsection (a), the employee may exercise an option to bump, into another positon of same, equivalent or lower classification, and the employee shall notify the Administrator in writing of the employee’s intention to bump, within five (5) working days of being identified for lay-off, subject to the following: (i) The Employer will create a list of potential position(s) and share it with the Union: (ii) The employee must have the qualifications and ability to perform the work of the position they are seeking to bump into; (iii) The employee will bump the most junior employee in the positon; (iv) A term employee laid off prior the right to the expiry of his/her term may only bump another term employee with the same scheduled expiry dateapply for any vacancy to maintain employment security. 12:07 An employee who is bumped pursuant to Article 12:06 shall be given notice of lay-off and may, in turn exercise a bumping option as set out in Article 12:06. The process will continue in this manner until there are no bumping opportunities. 12:08 An employee who is entitled to bump into another position in accordance with the provisions of this Article shall have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the necessary qualifications and ability to enable the employee to bump another employee. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable, and non discriminatory manner. The onus of proof rests with the Employer in any dispute over the application of qualifications and ability to perform the duties which the remaining employees will be required to perform.

Appears in 1 contract

Samples: Collective Agreement

Xxxxxx and Recall. ‌ 12:01 Where by reason of a shortage The City, at its discretion, shall determine whether layoffs are necessary. Although not limited to the following, layoffs shall be for lack of work and/or lack of funds. If it is determined that layoffs are necessary, employees will be laid off in the following order: a) seasonal employees, b) temporary employees, c) any and all part-time employees, d) probationary employees in their original probationary period. In the event of further reductions in force, employees will be laid off from their affected classification in accordance with their (1) seniority as defined in Section 9.1 and (2) their skill and ability to perform the remaining work available without further training as determined by the City. When two or fundsmore employees have relatively equal experience, or skill, ability and qualifications to do the abolition of a position or material changes in duties or organizationwork without further training, the Employer determines that a lay off(s) is necessary, employee with the Employer shall determine the classification(s) from which the lay-off(s) are to take place. 12:02 The Employer shall determine the group of employees concerned within each classification from which employees are to least seniority will be laid off. 12:03 Where the layoff first. Such notice shall be provided at a minimum of forty-off(s) of employee(s) is necessary, the Employer shall provide the Union with written notice not less than thirty five (3045) days prior to the anticipated date of lay off(s)layoff. The parties shall then meet to discuss the steps to be taken to assist the employees affected. 12:04 Employees selected for lay-who are laid off shall receive four be placed on a recall list for a period of three (43) weeks’ notice or payment in lieuyears. No notice If there is required for term a recall, employees who are released at still on the end recall list shall be recalled in the inverse order of their termlayoff, provided they are qualified to perform the work in the job classification to which they are recalled without further training. The Union If an employee is recalled to a lower-rated job classification, the employee shall have the right to refuse the recall and to await recall for the employe’s past position for a period of up to one year after their right to refuse has been exercised. Employees who are eligible for recall shall be provided given five (5) calendar days' notice of recall and notice of recall shall be sent to the employee by certified or registered mail with a copy of all lay-off notices issued. 12:05 In determining the order of lay-off of employees, seniority shall be the determining factor. This Article is subject to the requirement Union, provided that the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will be required to perform. Term employees with less than two (2) years of continuous service shall first be considered for lay-off. 12:06 An employee identified for lay-off may exercise an option to bump an employee with less seniority in the same, equivalent or lower classification, subject to the following: (a) Where an employee is identified for lay-off, the Employer may identify a vacant suitable placement that is at the same or an equivalent classification and the same annual hours of work where the employee is deemed to have the qualifications and ability to perform the duties. The employee may only decline the placement opportunity if the position would require change of work location from one community to another community outside of a twenty (20) kilometer radius measured from the employee’s current work location. (b) If no vacant suitable placement is identified by the Employer, or the employee declines the opportunity under subsection (a), the employee may exercise an option to bump, into another positon of same, equivalent or lower classification, and the employee shall notify the Administrator in writing City Manager's office of the employee’s intention to bumpreturn within two (2) days after receiving the notice of recall. The City shall be deemed to have fulfilled its obligations by mailing the recall notice by registered mail, within five (5) working days of being identified for lay-offreturn receipt requested, subject to the following: (i) The Employer will create a list mailing address provided by the employee, it being the obligation and responsibility of potential position(s) and share it with the Union: (ii) The employee must have the qualifications and ability to perform the work of the position they are seeking to bump into; (iii) The employee will bump the most junior employee in the positon; (iv) A term employee laid off prior to the expiry of his/her term may only bump another term employee with the same scheduled expiry date. 12:07 An employee who is bumped pursuant to Article 12:06 shall be given notice of lay-off and may, in turn exercise a bumping option as set out in Article 12:06. The process will continue in this manner until there are no bumping opportunities. 12:08 An employee who is entitled to bump into another position in accordance with the provisions of this Article shall have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to provide the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the necessary qualifications and ability to enable the employee to bump another employee. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable, and non discriminatory manner. The onus of proof rests City Manager's Office with the Employer in any dispute over the application of qualifications and ability to perform the duties which the remaining employees will be required to performemployee’s latest mailing address.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Xxxxxx and Recall. 22.01 The Board agrees that in the event of lay off, no employee covered by this Agreement shall be treated in a manner, which is inconsistent with the terms of Article 22. 12:01 Where by reason of 22.02 The Board agrees that when a shortage of work or funds, or the abolition of a position or material changes in duties or organizationdecision is made to lay off, the Employer determines that a lay off(s) is necessaryBoard shall, the Employer shall determine the classification(s) from which the lay-off(s) are to take place. 12:02 The Employer shall determine the group of employees concerned within each classification from which employees are to be laid off. 12:03 Where the lay-off(s) of employee(s) is necessarywherever possible, the Employer shall provide the Union with written notice not no less than thirty (30) days prior to the date of lay off(s). The parties shall then meet to discuss the steps notice. 22.03 An employee who is to be taken to assist the employees affected. 12:04 Employees selected for lay-laid off shall receive four (4) weeks’ notice or payment in lieu. No notice is required for term employees who are released at the end of their term. The Union shall be provided with a copy of all lay-off notices issuedno less than thirty (30) days notice. 12:05 22.04 In determining the order event of lay-off of employeeslayoff, seniority shall be used in its reverse order, beginning with the determining factormost junior person, who shall be the first to be laid off. This Article In the event of recall, recall shall be in direct seniority order, starting with the most senior qualified person who has been laid off. Notwithstanding the foregoing, where a layoff would cause a qualified employee to be laid off and no senior qualified replacement employee exists, such employee may be retained out of seniority. No new employee shall be hired for a permanent position until all laid off employees who are qualified to perform the available work have been recalled. 22.05 In the event an employee is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will be required to perform. Term employees with less than two (2) years of continuous service shall first be considered for lay-off. 12:06 An employee identified for lay-off may exercise an option to bump an employee with less seniority in the same, equivalent or lower classification, subject to the following: (a) Where an employee is identified for lay-off, the Employer may identify a vacant suitable placement that is at the same or an equivalent classification and the same annual hours of work where the employee is deemed to have the qualifications and ability to perform the duties. The employee may only decline the placement opportunity if the position would require change of work location from one community to another community outside of a twenty (20) kilometer radius measured from the employee’s current work location. (b) If no vacant suitable placement is identified by the Employer, or the employee declines the opportunity under subsection (a)layoff, the employee may exercise an option to bump, into another positon of same, equivalent or lower classification, and the employee shall notify the Administrator in writing of the employee’s intention to bump, within five (5) working days of being identified for lay-off, subject be transferred to the following: (i) The Employer will create a list of potential position(s) and share it with the Union: (ii) The employee must have the qualifications and ability to perform the work of the position they are seeking to bump into; (iii) The employee will bump job held by the most junior employee in the positon;employee's Classification Group, provided the employee has the necessary seniority and is qualified. (iv) A term 22.06 If an employee has been informed, in writing, by the Board that the employee will be laid off prior because of redundancy or closure, the employee may exercise the employee's right to the expiry of his/her term may only bump another term employee be placed on a recall list with the same scheduled expiry date. 12:07 An employee who is bumped pursuant to Article 12:06 shall be given notice of lay-off and may, in turn exercise a bumping option as set out in Article 12:06. The process will continue in this manner until there are no bumping opportunities. 12:08 An employee who is entitled to bump into another position Board in accordance with this Article. 22.07 Recall rights will be for a period of twenty-four (24) months, effective date of lay off as per 11.04(d). 22.08 When a position becomes vacant, the provisions posting procedures outlined in Article 12, of the Collective Agreement will be implemented. 22.09 The final subsequent vacancy resulting from the completion of the posting process shall be offered to the most senior qualified person on the recall list. 22.10 If an employee on the recall list refuses, in writing, an offer of recall, the Board will have no further obligation to the employee under this Article Collective Agreement and the employee's name shall be removed from the recall list. 22.11 The Board shall not hire from outside the bargaining unit for permanent positions 22.12 Employees on the recall list will have a familiarization first opportunity to perform Casual work for the Board. 22.13 If an employee is recalled to the permanent staff from layoff within twenty-four (24) months of the date of lay off, the employee's seniority and previously accrued sick leave will be reinstated as if there was no interruption in service. 22.14 When the twenty-four (24) month recall period in has expired, the new position. The employee will accrue seniority for the purpose of Article 12 - Job Posting, in accordance with Appendix “F”. 22.15 It shall be the familiarization period is duty of all employees and/or laid off persons to allow notify the Human Resources Department promptly, in writing, of any change of address. Such change of address will be acknowledged, in writing, by the Board with a copy to the Union. If an employee or laid off person should fail to do this, the Board will not be responsible for failure of a notice to reach said employee and any notice sent by the Board by registered mail to the address which appears on the Board's personnel records, of telephoned to the telephone number which appears on the Board's personnel records, shall be conclusively deemed to have been received by the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the necessary qualifications and ability to enable the employee to bump another employeeor laid off person. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable, and non discriminatory manner. The onus of proof rests with the Employer in any dispute over the application of qualifications and ability to perform the duties which the remaining employees will be required to perform.

Appears in 1 contract

Samples: Collective Agreement

Xxxxxx and Recall. 16.01 The Employer has the right to determine the actual number of Employees required in each classification from time to time. 12:01 Where by reason of a shortage of work or funds16.02 Should the Employer, or the abolition of a position or material changes in duties or organizationafter reviewing all options, the Employer determines determine that a lay off(s) reduction in the bargaining unit is necessary, in the Employer application of the layoff and recall provisions of the agreement the Employees’ skill, competence, ability, experience, education and training and/or combination of equivalent education and experience shall determine be the classification(s) from which factors in determining whether an Employee is qualified to perform the lay-off(s) job available in case of layoff and recall. If the Employees’ skill, competence, ability, experience, education and training and/or combination of equivalent education and experience are to take placerelatively equal for the job in question, seniority shall govern. 12:02 16.03 The Employer shall determine the group of employees concerned within each classification from which employees are to be laid off. 12:03 Where the lay-off(s) of employee(s) is necessary, the Employer shall provide agrees that it will advise the Union with written notice not less than thirty (30) days prior to the date implementation of lay off(s)any lay-off. The parties shall then meet Employer/Employee Relations Committee may request a meeting with the Employer to discuss the steps to be taken to assist the employees affected. 12:04 Employees selected for lay-off shall receive four (4) weeks’ notice or payment in lieu. No notice is required for term employees who are released at the end of their term. The Union shall be provided with a copy of all lay-off notices issued. 12:05 In determining the order of lay-off of employees, seniority shall be the determining factor. This Article is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will be required to perform. Term employees with less than two (2) years of continuous service shall first be considered for pending lay-off. 12:06 An employee identified for lay16.04 Subject to Article 16.02, temporary and casual Employees, within the bargaining unit, shall be laid off ahead of full-off may exercise an option to bump an employee with less seniority in the same, equivalent or lower classification, subject to the following:time and regular part-time Employees. 16.05 Two types of layoffs are recognized; (a) Where A temporary layoff, with the Employee being so informed at the time of layoff. If an employee Employee is identified for lay-temporarily laid off, the Employer may identify a vacant suitable placement that is at the same or an equivalent classification and the same annual hours of work where layoff equals or exceeds thirty-five (35) consecutive weeks, the employee is deemed Employee may elect to have the qualifications and ability no longer to perform the duties. The employee may only decline the placement opportunity if the position would require change of work location from be temporarily laid off, but terminated or retain recall rights for up to one community to another community outside of a twenty (201) kilometer radius measured year from the employee’s current work locationcommencement of the temporary layoff. If the Employee elects to retain recall rights, termination pay shall be held in trust by the Employer, until the recall rights have been exhausted. If the Employee has not been given notice of termination in accordance with the Employment Standards Act, the Employee is entitled to termination pay calculated from the date of commencing the temporary layoff. (b) If A permanent layoff, with no vacant suitable placement is identified by the Employerindication of recall and notice, or the employee declines the opportunity under subsection pay in lieu of notice shall be given in accordance with Provincial Statutes. (a), the employee may exercise c) Should an option to bump, into another positon of same, equivalent or lower classificationEmployee be laid off, and the employee shall notify the Administrator in writing of the employee’s intention to bump, within layoff equals or exceeds thirty-five (535) working days of being identified for lay-offconsecutive weeks, subject to the following: (i) The Employer will create a list of potential position(s) and share it with the Union: (ii) The employee must have the qualifications and ability to perform the work of the position they are seeking to bump into; (iii) The employee will bump the most junior employee in the positon; (iv) A term employee laid off prior to the expiry of his/her term may only bump another term employee with the same scheduled expiry date. 12:07 An employee who is bumped pursuant to Article 12:06 Employee shall be given notice of lay-off and may, in turn exercise a bumping option as set out in Article 12:06. The process will continue in this manner until there are deemed no bumping opportunities. 12:08 An employee who is entitled to bump into another position in accordance with the provisions of this Article shall have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the necessary qualifications and ability to enable the employee to bump another employee. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are longer to be laid off, shall determine qualificationsbut terminated, and the ability subject to Article 16.06 (a). Should an Employee not have been given notice of employees to perform the duties which the remaining employees will be required to performtermination, in a fair, reasonable, and non discriminatory manner. The onus of proof rests accordance with the Employer Employment Standards Act, the Employee is entitled to termination pay in any dispute over lieu of notice as per the application of qualifications and ability to perform the duties which the remaining employees will be required to performEmployment Standards Act.

Appears in 1 contract

Samples: Collective Agreement

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Xxxxxx and Recall. ‌ 12:01 Where by reason 19:01 In the event of a shortage of work or fundslayoff, or the abolition of a position or material changes in duties or organization, the Employer determines that a lay off(s) is necessary, the Employer shall determine the classification(s) from which the lay-off(s) are to take place. 12:02 The Employer shall determine the group of employees concerned within each classification from which employees are to be laid off. 12:03 Where the lay-off(s) of employee(s) is necessary, the Employer shall provide the Union with written notice not less than thirty (30) days prior to the date of lay off(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected. 12:04 Employees selected for lay-off shall receive notice or pay in lieu of notice as follows: (a) Less than five (5) years’ service, a minimum of four (4) weeks’ notice or payment in lieu. No notice is required for term employees who are released at the end ; (b) At least five (5) years and less than ten (10) years of their term. The Union service, six (6) weeks; or (c) At least ten (10) years of service, eight (8) weeks. 19:02 Employees shall be provided with a copy laid off in reverse order of all lay-off notices issuedseniority. 12:05 In determining the order of lay-19:03 An employee who is laid off of employees, seniority shall be entitled to exercise her seniority to bump into any classification within the determining factor. This Article is subject to scope of this Agreement with the requirement that the employees who are retained must have same or lower salary range, provided she possesses the qualifications and ability sufficient to perform the dutiesrequired work, or she may choose to accept layoff. Any employee thus displaced shall have the same rights. 19:04 Notice of layoff shall be given by personal service or by registered mail to the employee and a copy of the notice will be provided to the Union. 19:05 An employee who is on layoff shall not be entitled to notice of layoff when she returns to work on an incidental basis. 19:06 No new employee shall be hired to fill vacancies when employees who are eligible for recall are qualified, able and available to fill the vacancy. 19:07 Employees on layoff are to be recalled in order of seniority. Such recall shall be made by registered mail, and shall provide for a minimum of one (1) weeks’ notice to report back to work. The employee is required to contact the Employer within one (1) week of such notice, confirming her intention to return to work as scheduled. The employee shall return to work within fourteen (14) days of receipt of the notification. An employee who declines to return to a position comparable to that held prior to layoff, without reasonable cause, shall be considered terminated. 19:08 An employee recalled to work in a different classification from which she was laid off shall have the remaining right to return to the position she held prior to the layoff should it become vacant within one (1) year of being called back and such vacancy shall not be subject to the job posting procedure. 19:09 To be eligible for recall, prior to the employee’s last shift worked, the employee must provide the Employer with her current address, and further, must inform the Employer of any address changes. 19:10 An employee who exercises her seniority rights shall be entitled to a four (4) week familiarization period. In the event that the employee cannot function effectively in the position at the conclusion of the familiarization period, she shall be placed directly onto layoff status and the person originally displaced from the position shall, if not yet recalled, be returned to the position. 19:11 Laid off employees will shall be entitled to apply for job vacancies other than those to which they have recall rights. 19:12 Accumulated vacation entitlement shall be paid out at time of layoff, unless the parties agree otherwise. 19:13 Employees who are absent from work due to an approved leave of absence shall be advised of layoff in accordance with this Agreement and shall be required to perform. Term employees comply with less than two (2) years all provisions of continuous service this Agreement except that they shall first not be considered for lay-off. 12:06 An employee identified for lay-off may exercise an option expected to bump an employee with less seniority in the same, equivalent or lower classification, subject return to the following: (a) Where an employee is identified for lay-off, the Employer may identify a vacant suitable placement that is at the same or an equivalent classification and the same annual hours of work where the employee is deemed to have the qualifications and ability to perform the duties. The employee may only decline the placement opportunity if the position would require change of work location from one community to another community outside of a twenty (20) kilometer radius measured from the employee’s current work location. (b) If no vacant suitable placement is identified by the Employer, or the employee declines the opportunity under subsection (a), the employee may exercise an option to bump, into another positon of same, equivalent or lower classification, and the employee shall notify the Administrator in writing of the employee’s intention to bump, within five (5) working days of being identified for lay-off, subject to the following: (i) The Employer will create a list of potential position(s) and share it with the Union: (ii) The employee must have the qualifications and ability to perform the work of the position they are seeking to bump into; (iii) The employee will bump the most junior employee in the positon; (iv) A term employee laid off prior to the expiry of his/her term may only bump another term employee with the same scheduled expiry datetheir leave of absence. 12:07 An 19:14 Where an employee who is bumped pursuant to Article 12:06 shall be given notice of lay-off and may, in turn exercise a bumping option as set out in Article 12:06. The process will continue in this manner until there are no bumping opportunities. 12:08 An employee who is entitled to bump into another position alleges that the employee’s layoff has not been in accordance with this Agreement, the provisions of grievance procedure set forth in this Article Agreement shall have a familiarization period in apply except that the new position. The purpose grievance shall be initiated at the second step of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the necessary qualifications and ability to enable the employee to bump another employeeprocedure. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable, and non discriminatory manner. The onus of proof rests with the Employer in any dispute over the application of qualifications and ability to perform the duties which the remaining employees will be required to perform.

Appears in 1 contract

Samples: Collective Agreement

Xxxxxx and Recall. 15:01 Both parties to this Agreement recognize that job security should increase in proportion to length of service and therefore every effort will be made to ensure layoffs of full time regular staff is avoided, except under difficult circumstances. 12:01 Where by reason 15:02 If a reduction of full-time employees is necessary due to a shortage of work work, diminished business or funds, or for reasons beyond the abolition control of a position or material changes in duties or organization, the Employer determines that a lay off(s) is necessaryEmployer, the Employer shall determine the classification(s) from which the lay-off(s) are to take place. 12:02 The Employer shall determine the group of employees concerned within each classification from which employees are to be laid off. 12:03 Where the lay-off(s) of employee(s) is necessary, the Employer shall provide meet with and advise the Union with written notice not less than thirty (30of the proposed reduction and job(s) days affected prior to the date of lay off(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected. 12:04 Employees selected for lay-off shall receive four (4) weeks’ notice or payment in lieu. No notice is required for term employees who are released at the end of their term. The Union shall be provided with a copy of all lay-off layoff notices being issued. 12:05 In determining the order of lay-off of employees, seniority 15:03 Layoff notices shall be the determining factor. This Article is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will be required to perform. Term employees given in accordance with less than two (2) years of continuous service shall first be considered for lay-off. 12:06 An employee identified for lay-off may exercise an option to bump an employee with less seniority in the same, equivalent or lower classification, subject to the following: (a) Where For full-time employees - two (2) weeks prior to the effective date; (b) Each notice shall give the reasons for the layoff and its expected duration; (c) If an employee is identified has not had the opportunity to work the days as provided for layin Article 15:03 (a), he shall be paid for the days for which work was not made available; (d) For the purposes of this Article, pay in lieu under Article 15:03 (b) and 15:03 (c) for part-offtime employees shall be determined on the basis of the average number of hours they normally would have worked if layoffs would not have occurred which shall be calculated on the average basis of their accumulated number of hours in the preceding two (2) weeks prior to notice of layoff divided by two (2); (e) Notwithstanding Articles 15:03 (a), (b) and (c), where operational requirements warrant, employees on layoff may be recalled on a short term basis without the Employer may identify a vacant suitable placement that is necessary notice required at the same or end of the period of recall. 15:04 Employees laid off shall be placed on a re-employment list with a copy furnished to the Union, and shall be called back to work as required, beginning with the most senior employee and descending from there. (a) Notice of re-employment to an equivalent classification and employee who has been laid off shall be made by registered mail with A.R. Card to the same annual hours last known address of work where the such employee. If an employee is deemed fails to have the qualifications and ability to perform the duties. The employee may only decline the placement opportunity if the position would require change reply within one (1) week of work location from one community to another community outside receipt of a twenty (20) kilometer radius measured from such recall notice, the employee’s current work locationname shall be removed from the re-employment list. (b) If no vacant suitable placement is identified by the Employer, or the employee declines the opportunity under subsection Recall for employment shall be based on seniority (aseniority hours), the employee may exercise an option to bump, into another positon of same, equivalent or lower classification, and the employee shall notify the Administrator in writing of the employee’s intention to bump, within five (5) working days of being identified for lay-off, subject to the following: (i) The Employer will create a list of potential position(s) and share it with the Union: (ii) The employee must have the qualifications and ability to perform the work of the position they are seeking to bump into; (iii) The employee will bump the most junior employee in the positon; (iv) A term employee laid off prior to the expiry of his/her term may only bump another term employee with the same scheduled expiry date. 12:07 . An employee who is bumped pursuant recalled to Article 12:06 work shall be allowed two (2) weeks, from receipt of the notice to report to work, or such shorter or longer period of time as may be agreed between the Employer and the employee. Due to the nature of this work however, if the employee is unable to report immediately, the next person on the recall list will be given notice an opportunity to fill in for the period for which the recalled employee is unable to report for work. If an employee fails to return at the appropriate time, his name may be removed from the re-employment list, except for reason of lay-illness in which case the Employer may require a certificate from a qualified medical practitioner, or for other mitigating circumstances acceptable to the Employer (per Article 11:02 (d)). In cases where the Employer is unable to contact the next person on the list with respect to return to work or the individual is unable to report immediately, then the following name on the seniority list must be contacted. At this time, the Employer will notify the MGEU xxxxxxx immediately of the recall. 15:06 Notwithstanding Article 12, no new employee shall be hired until those laid off and may, in turn exercise a bumping option have been given an opportunity of recall provided that the laid off employee meets the requirements for the position as set out in Article 12:06. The process will continue in this manner until there are no bumping opportunitiesthe job description. 12:08 15:07 By written notice, an employee may elect to terminate his services at any time during layoff and thus waive his right to maintain his name on the re- employment list. 15:08 An employee who is entitled to bump into another position in accordance with shall automatically have his name removed from the provisions re- employment list after twelve (12) months of this Article shall have continuous layoff. 15:09 When a familiarization period in the new position. The purpose dispute arises concerning an employee’s layoff, he may grieve commencing at Step 2 of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the necessary qualifications grievance and ability to enable the employee to bump another employeearbitration procedure. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable, and non discriminatory manner. The onus of proof rests with the Employer in any dispute over the application of qualifications and ability to perform the duties which the remaining employees will be required to perform.

Appears in 1 contract

Samples: Collective Agreement

Xxxxxx and Recall. ‌ 12:01 Where by reason 19:01 In the event of a shortage permanent layoff, employees shall receive notice or pay in lieu of work or funds, or the abolition notice as follows: (a) Less than five (5) years’ service - a minimum of a position or material changes in duties or organization, the Employer determines that a lay off(stwo (2) is necessary, the Employer shall determine the classification(sweeks, (b) from which the lay-off(sAt least five (5) are to take place. 12:02 The Employer shall determine the group of employees concerned within each classification from which employees are to be laid off. 12:03 Where the lay-off(s) of employee(s) is necessary, the Employer shall provide the Union with written notice not years and less than thirty ten (3010) days prior to the date years of lay off(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected.service – three (3) weeks, or 12:04 Employees selected for lay-off shall receive (c) At least ten (10) years of service – four (4) weeks’ notice or payment . 19:02 Where skills, ability and compatibility with the remaining clients in lieu. No notice is required for term the program are relatively equal, employees who are released at the end of their term. The Union shall be provided with laid off in reverse order of seniority. 19:03 Notice of permanent layoff shall be given by personal service or by email to the employee and a copy of all lay-off notices issuedthe notice will be provided to the Union. 12:05 In determining the order of lay-off of employees, seniority shall be the determining factor. This Article is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will be required to perform. Term employees with less than two (2) years of continuous service shall first be considered for lay-off. 12:06 An employee identified for lay-off may exercise an option to bump an employee with less seniority in the same, equivalent or lower classification, subject to the following: (a) Where an employee is identified for lay-off, the Employer may identify a vacant suitable placement that is at the same or an equivalent classification and the same annual hours of work where the employee is deemed to have the qualifications and ability to perform the duties. The employee may only decline the placement opportunity if the position would require change of work location from one community to another community outside of a twenty (20) kilometer radius measured from the employee’s current work location. (b) If no vacant suitable placement is identified by the Employer, or the employee declines the opportunity under subsection (a), the employee may exercise an option to bump, into another positon of same, equivalent or lower classification, and the employee shall notify the Administrator in writing of the employee’s intention to bump, within five (5) working days of being identified for lay-off, subject to the following: (i) The Employer will create a list of potential position(s) and share it with the Union: (ii) The employee must have the qualifications and ability to perform the work of the position they are seeking to bump into; (iii) The employee will bump the most junior employee in the positon; (iv) A term employee laid off prior to the expiry of his/her term may only bump another term employee with the same scheduled expiry date. 12:07 19:04 An employee who is bumped pursuant on layoff shall not be entitled to Article 12:06 notice of layoff when she returns to work on an incidental basis. 19:05 No new employee shall be given hired to fill vacancies when employees who are eligible for recall are qualified, able and available to fill the vacancy. 19:06 Employees on layoff are to be recalled in reverse order of layoff. Such recall shall be made by personal delivery or email, and shall provide for a minimum of one (1) weeks’ notice of lay-off to report back to work, unless the Employer and may, in turn exercise employee agree to a bumping option as set out in Article 12:06shorter period. The process will continue in this manner until there are no bumping opportunities. 12:08 employee is required to contact the Employer within one (1) week of such notice, confirming her intention to return to work as scheduled. The employee shall return to work within fourteen (14) calendar days of receipt of the notification. An employee who is entitled declines to bump into another return to a position in accordance comparable to that held prior to layoff, without reasonable cause, shall be considered terminated. Only employees compatible with the provisions of this Article shall have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended individual(s) to be supported will be called back. If such compatibility is unknown, a trial period during which an employee acquires the necessary qualifications and ability to enable the employee to bump another employee. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capabilitythree (3) weeks shall be implemented. The Employer, in making consultation with the individual(s) being supported shall assess compatibility. 19:07 An employee recalled to work in a decision different classification from which she was laid off shall have the right to return to the position she held prior to the layoff should it become vacant within one (1) year of being called back and such vacancy shall not be subject to the job posting procedure. 19:08 To be eligible for recall, prior to the employee’s last shift worked, the employee must provide the Employer with respect to determining which employees are to be retained her current address, including street and which employees are to be laid off, shall determine qualificationse-mail address if applicable, and further, must inform the ability Employer of any address changes. 19:09 Laid off employees shall be entitled to perform apply for job vacancies other than those to which they have recall rights. 19:10 Accumulated vacation entitlement shall be paid out at time of layoff, unless the duties which the remaining employees will parties agree otherwise. 19:11 Employees who are absent from work due to an approved leave of absence shall be advised of layoff in accordance with this Agreement and shall be required to performcomply with all provisions of this Agreement except that they 19:12 Where an employee alleges that the employee’s layoff has not been in accordance with this Agreement, the grievance procedure set forth in a fair, reasonable, and non discriminatory manner. The onus this Agreement shall apply except that the grievance shall be initiated at the second step of proof rests with the Employer in any dispute over the application of qualifications and ability to perform the duties which the remaining employees will be required to performprocedure.

Appears in 1 contract

Samples: Collective Agreement

Xxxxxx and Recall. ‌ 12:01 Where by reason Length of a shortage continuous employment with the Co-operative shall govern in cases of work or fundslayoffs and recall, or provided the abolition of a position or material changes in duties or organization, employee has the Employer determines that a lay off(s) is necessary, the Employer shall determine the classification(s) from which the lay-off(s) are to take place. 12:02 The Employer shall determine the group of employees concerned within each classification from which employees are to be laid off. 12:03 Where the lay-off(s) of employee(s) is necessary, the Employer shall provide the Union with written notice not less than thirty (30) days prior to the date of lay off(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected. 12:04 Employees selected for lay-off shall receive four (4) weeks’ notice or payment in lieu. No notice is required for term employees who are released at the end of their term. The Union shall be provided with a copy of all lay-off notices issued. 12:05 In determining the order of lay-off of employees, seniority shall be the determining factor. This Article is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will work required. Employees shall be required to performrecalled by classification as required. Term employees with less The foregoing shall not apply to: (1) Assistant Manager (not more than two (2)) years and Produce Manager, and (2) Employees hired to work on relief staff or replace employees who are absent due to vacations, sickness, accident or other leaves of continuous absence. Employees laid off in accordance with the above provisions by the Co-operative shall be recalled to work in order of length of service shall first be considered for laywith the Co-off. 12:06 An employee identified for lay-off may exercise an option to bump an employee with less seniority in the sameoperative, equivalent or lower classification, subject to the followingprovided: (a1) Where No more than six (6) months has elapsed since the last day worked by the employee; (2) For employees with one (1) year of service or more, then no more than twelve (12) months has elapsed since the last day worked by the employee; (3) The employee reports for duty with twenty-four (24) hours from time of recall. If an employee employee, when contacted, for proper and sufficient reason is identified for lay-offnot immediately available to commence work, the Employer may identify a vacant suitable placement that next employee on the list can be hired temporarily. If the contacted employee cannot report for work until three (3) working days later, they shall exchange their seniority with the next employee on the list who is immediately available for employment, until they are recalled, at which time they shall resume their original seniority status. If they do not report in one (1) calendar week from date of recall without proper or sufficient reason, they shall be dropped from the same or an equivalent classification and the same annual hours of work where the employee is deemed to have the qualifications and ability to perform the dutiesseniority list. The employee may only decline shall keep the placement opportunity if Co-operative informed of their current address and telephone number. If the position would require change of work location from one community Co-operative is unable to another community outside of a twenty (20) kilometer radius measured from the employee’s current work location. (b) If no vacant suitable placement is identified by the Employer, or contact the employee declines the opportunity under subsection (a), the employee may exercise an option to bump, into another positon of same, equivalent or lower classification, and the employee shall notify the Administrator in writing of the employee’s intention to bump, within five (5) working days days, or if the employee is contacted and refuses the employment without proper and sufficient reason by the end of being identified for lay-offthe five (5) day period, subject to the following:employee will be dropped from the seniority list. (i) The Employer will create a list of potential position(s) and share it with the Union: (ii4) The employee must have is capable of performing the qualifications and ability to perform work. Employees rehired within six (6) months of their layoff shall retain their previous length of service for the work of the position they are seeking to bump into; (iii) The employee will bump the most junior employee in the positon; (iv) A term employee laid off prior to the expiry of his/her term may only bump another term employee with the same scheduled expiry date. 12:07 An employee who is bumped pursuant to Article 12:06 shall be given notice of lay-off and may, in turn exercise a bumping option as set out in Article 12:06. The process will continue in this manner until there are no bumping opportunities. 12:08 An employee who is entitled to bump into another position in accordance with the provisions of this Article shall have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the necessary qualifications and ability to enable the employee to bump another employee. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, Section and competence. “Ability” refers to mental and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable, and non discriminatory manner. The onus of proof rests with the Employer in any dispute over the application of qualifications and ability to perform the duties which the remaining employees will be required to performSection 12.

Appears in 1 contract

Samples: Collective Agreement

Xxxxxx and Recall. ‌ 12:01 Where by reason of a shortage of work or funds, or the abolition of a position or material changes in duties or organization, SECTION 1. When the Employer determines that a lay off(s) layoff or job abolishment is necessary, the Employer shall determine notify the classification(saffected Employee(s) from which and the lay-off(sUnion at least fourteen (14) are to take place. 12:02 The Employer shall determine days in advance of the group effective date of employees concerned within each classification from which employees are to be laid off. 12:03 Where such layoff or job abolishment. If the lay-off(s) of employee(s) is necessaryUnion requests, the Employer shall provide the Union with written notice not less than thirty (30) days prior to the date of lay off(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected. 12:04 Employer’s action. Employees selected for lay-off whose jobs are abolished shall receive four (4) weeks’ notice or payment in lieu. No notice is required for term employees who are released at the end of their term. The Union shall be provided with a copy of all lay-off notices issued. 12:05 In determining the order of lay-off of employees, seniority shall be the determining factor. This Article is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will be required to perform. Term employees with less than two (2) years of continuous service shall first be considered for lay-off. 12:06 An employee identified for lay-off may exercise an option to bump an employee with less seniority in the same, equivalent or lower classification, subject to the following: (a) Where an employee is identified for lay-off, the Employer may identify same rights as a vacant suitable placement that is at the same or an equivalent classification and the same annual hours of work where the employee is deemed to have the qualifications and ability to perform the duties. The employee may only decline the placement opportunity if the position would require change of work location from one community to another community outside of a twenty (20) kilometer radius measured from the employee’s current work location. (b) If no vacant suitable placement is identified by the Employer, or the employee declines the opportunity under subsection (a), the employee may exercise an option to bump, into another positon of same, equivalent or lower classification, and the employee shall notify the Administrator in writing of the employee’s intention to bump, within five (5) working days of being identified for lay-off, subject to the following: (i) The Employer will create a list of potential position(s) and share it with the Union: (ii) The employee must have the qualifications and ability to perform the work of the position they are seeking to bump into; (iii) The employee will bump the most junior employee in the positon; (iv) A term employee laid off prior to the expiry of his/her term may only bump another term employee with the same scheduled expiry date. 12:07 An employee who is bumped pursuant to Article 12:06 shall be given notice of lay-off and may, in turn exercise a bumping option as set out in Article 12:06. The process will continue in this manner until there are no bumping opportunities. 12:08 An employee who is entitled to bump into another position Employee in accordance with the provisions of this Article Article. SECTION 2. The Employer shall determine when a layoff will occur. Affected Employees will be laid off in accordance with their established seniority. Bargaining unit Employee(s) with the least seniority will be laid off first, in the following order: a) Temporary Employees; b) Part-time Employees; c) New hires who have not completed their probationary period; d) Employees who have completed their probationary period. In the event that more than one Employee has the same date of hire, the Employee with the lowest last four (4) digits of his/her Social Security number shall have preference in seniority. SECTION 3. Employees who are laid off shall be placed on a familiarization recall list for a period of twelve (12) months. If there is a recall, Employees who are still on the recall list shall be recalled in reverse order of their layoff. SECTION 4. Notice of recall shall be sent to the Employee by certified or registered mail. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice, return receipt requested, to the last mailing address provided by the Employee. SECTION 5. The recalled Employee shall have five (5) calendar days following the date of receipt of the recall notice to notify the Employer of his/her intention to return to work and shall have seven (7) calendar days following the receipt of the recall notice in which to report for duty, unless a different date for returning to work is otherwise specified in the new positionnotice. SECTION 6. The purpose Employer shall maintain an up-to-date seniority list which shall be posted on the bulletin board once each year. Said list shall remain posted for a fourteen (14) calendar day period and shall include the Employee’s name, initial date of hire, and position within the department as it relates to seniority. After posting the list, any valid errors brought to the attention of the familiarization period is to allow the employee to become oriented to the specific duties Employer shall be corrected within thirty (30 days of the positionposting. The familiarization period It is not intended the Employee’s responsibility to be a period during which an employee acquires check these lists for accuracy and have the necessary qualifications and ability errors corrected. If the Employee fails to enable do so, the employee to bump another employee. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capability. The EmployerEmployer may rely upon such information without liability until notified, in making a decision with respect to determining which employees are to be retained and which employees are to be laid offwriting, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable, and non discriminatory manner. The onus of proof rests with the Employer in any dispute over the application of qualifications and ability to perform the duties which the remaining employees will be required to performsuch error(s).

Appears in 1 contract

Samples: Collective Bargaining Agreement

Xxxxxx and Recall. ‌ 12:01 Where by reason of a shortage of work or funds, or the abolition of a position or material changes in duties or organization, SECTION 1. When the Employer determines that a lay off(s) layoff or job abolishment is necessary, the Employer shall determine notify the classification(saffected Employee(s) from which and the lay-off(sUnion at least fourteen (14) days in advance of the effective date of such layoff. If the Union requests, the parties shall meet to discuss the Employer’s action. Employees whose jobs are abolished shall have the same rights as an employee involved in a layoff action who is on layoff due to take placereasons other than job abolishment. 12:02 SECTION 2. The Employer shall determine the group of when a layoff will occur. Affected employees concerned within each classification from which employees are to will be laid offoff in accordance with their established seniority. Bargaining unit employee(s) with the least seniority will be laid off first, in the following order: a) temporary employees; b) part-time employees; c) new hires who have not completed their probationary period; d) employees who have completed their probationary period. In the event that more than one employee has the same date of hire, seniority will be determined by alphabetical listing of their last name, with “A” being the highest and “Z” being the lowest in seniority on the initial date of hire. 12:03 Where SECTION 3. Employees who are laid off shall be placed on a recall list for a period of twelve (12) months. If there is a recall, employees who are still on the lay-off(srecall list shall be recalled in the inverse order of their layoff. Seniority will terminate after twelve (12) continuous months of employee(slayoff. Seniority will accrue during those twelve (12) is necessarymonths, however. SECTION 4. Notice of recall shall be sent to the employee by certified mail. The Employer shall provide be deemed to have fulfilled its obligations by mailing the Union with written recall notice not less than thirty by certified mail, return receipt requested, to the last mailing address provided by the employee. A copy of such notice shall be sent to the Union. SECTION 5. The recalled employee shall have seven (307) calendar days prior to following the date of lay off(s). The parties the receipt of the recall notice, as received by the Union or employee, to notify the Employer of the intention to return to work and shall then meet have three (3) additional calendar days to discuss the steps report for duty unless a later date for returning to be taken to assist the employees affected. 12:04 Employees selected for lay-off shall receive four (4) weeks’ notice or payment in lieu. No notice work is required for term employees who are released at the end of their term. The Union shall be provided with a copy of all lay-off notices issued. 12:05 In determining the order of lay-off of employees, seniority shall be the determining factor. This Article is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will be required to perform. Term employees with less than two (2) years of continuous service shall first be considered for lay-off. 12:06 An employee identified for lay-off may exercise an option to bump an employee with less seniority otherwise specified in the same, equivalent or lower classification, subject to the following: (a) Where an employee is identified for lay-off, the Employer may identify a vacant suitable placement that is at the same or an equivalent classification and the same annual hours of work where the employee is deemed to have the qualifications and ability to perform the duties. The employee may only decline the placement opportunity if the position would require change of work location from one community to another community outside of a twenty (20) kilometer radius measured from the employee’s current work locationnotice. (b) If no vacant suitable placement is identified by the Employer, or the employee declines the opportunity under subsection (a), the employee may exercise an option to bump, into another positon of same, equivalent or lower classification, and the employee shall notify the Administrator in writing of the employee’s intention to bump, within five (5) working days of being identified for lay-off, subject to the following: (i) The Employer will create a list of potential position(s) and share it with the Union: (ii) The employee must have the qualifications and ability to perform the work of the position they are seeking to bump into; (iii) The employee will bump the most junior employee in the positon; (iv) A term employee laid off prior to the expiry of his/her term may only bump another term employee with the same scheduled expiry date. 12:07 An employee who is bumped pursuant to Article 12:06 shall be given notice of lay-off and may, in turn exercise a bumping option as set out in Article 12:06. The process will continue in this manner until there are no bumping opportunities. 12:08 An employee who is entitled to bump into another position in accordance with the provisions of this Article shall have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the necessary qualifications and ability to enable the employee to bump another employee. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable, and non discriminatory manner. The onus of proof rests with the Employer in any dispute over the application of qualifications and ability to perform the duties which the remaining employees will be required to perform.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Xxxxxx and Recall. ‌ 12:01 Where by reason A. It is hereby specifically recognized that it is within the sole discretion of a shortage of work or funds, or the abolition of a position or material changes in duties or organizationBoard to reduce staff. In the event it is necessary to reduce staff, the Employer determines that a lay off(s) is necessaryfollowing procedure shall be implemented: 1. As soon as possible, the Employer shall determine the classification(s) from which the lay-off(s) are to take place. 12:02 The Employer shall determine the group of employees concerned within each classification from which employees are to be laid off. 12:03 Where the lay-off(s) of employee(s) is necessary, the Employer shall provide the Union with written notice but not less than thirty (30) days prior to the date of lay off(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected. 12:04 Employees selected for lay-off shall receive four (4) weeks’ notice or payment in lieu. No notice is required for term employees who are released at the end of their term. The Union shall be provided with a copy of all lay-off notices issued. 12:05 In determining the order of lay-off of employees, seniority shall be the determining factor. This Article is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will be required to perform. Term employees with less than two (2) years of continuous service shall first be considered for lay-off. 12:06 An employee identified for lay-off may exercise an option to bump an employee with less seniority in the same, equivalent or lower classification, subject to the following: (a) Where an employee is identified for lay-off, the Employer may identify a vacant suitable placement that is at the same or an equivalent classification and the same annual hours of work where the employee is deemed to have the qualifications and ability to perform the duties. The employee may only decline the placement opportunity if the position would require change of work location from one community to another community outside of a twenty (20) kilometer radius measured from the employee’s current work locationcalendar days, (excluding paid vacation time), notice shall be given prior to any layoff. 2. The Administration shall meet annually prior to March 15, with a representative of the Association to discuss the seniority list. The Association shall have the right to grieve the list for five (b5) calendar days after it is established. 3. If no vacant suitable placement is identified by it becomes necessary for a layoff, within the Employer, or the employee declines the opportunity under subsection affected classification (aSee Article 12-A-2), the following order of reduction shall take place; a. The district will not reduce hours across a classification to avoid individual layoffs. All temporary employees shall be laid off first, unless there is no qualified probationary or non-probationary employee may exercise to perform the work. b. Should further reduction be necessary, probationary employees shall be laid off, unless there is no qualified non-probationary employee to perform the work. c. If the reduction of personnel is still necessary, then non-probationary employees in the specific position being reduced or eliminated shall be laid off in inverse order of seniority provided another employee is qualified and available to perform the work. d. Employees whose positions have been eliminated, whose hours have been reduced, (excluding bus drivers) or who have been affected by a layoff, shall have the right to displace the least senior employee in the classification (see Article 12-A-2) in an option to bumpequivalent position, into another positon of same, equivalent or lower for which the employee is qualified. In the event no such position exists within the classification, and the employee shall notify have the Administrator right to displace the least seniored employee in writing another classification for which the employee is qualified, provided the employee has more seniority within the classification (see Article12-A-2). e. For purposes of this Agreement, qualified shall be defined as possessing the skills and requirements as listed on the job description and job posting. B. When the work force is increased after a layoff, or when a vacancy occurs, senior employees will be recalled on the basis of seniority (i.e., the more senior employee being recalled first), except where the senior employee lacks the necessary qualifications to perform the duties of the employee’s intention open position. 1. Notices of recall shall be sent by certified or registered mail to bump, within the last known address on the employer's records. The recall notice shall state the time and date on which the bargaining unit member is to report for work. 2. A recalled bargaining unit member shall be given five (5) working days from receipt of being identified notice to respond and shall report for lay-offwork within ten (10) days of notice unless an extension is granted by the employer. 3. The Board may fill the position on a temporary basis until the recalled member can report for work provided the bargaining unit member reports with the above ten (10) day period. 4. Bargaining unit members who are offered a position within the same classification at the time of notice of layoff are obligated to accept such work. A bargaining unit member who declines recall to equivalent work for which he/she is qualified shall forfeit his seniority and employment rights under this Agreement. 5. No bargaining unit member shall be required to accept upon recall, subject to a position in a lower paying classification, however, if the followingposition is accepted: (i) The Employer will create a list of potential position(s) and share it with the Union: (ii) The employee must have the qualifications and ability to perform the work of the position they are seeking to bump into; (iii) a. The employee will bump the most junior employee in the positon; (iv) A term employee laid off prior retain recall rights to the expiry of his/her term may only bump another term original classification as soon as a position becomes available; and b. The employee with the same scheduled expiry datewill accrue seniority in both classifications for a period not to exceed two (2) years. 12:07 An employee who is bumped pursuant c. Inability to Article 12:06 shall be given notice of lay-off and may, in turn exercise a bumping option as set out in Article 12:06. The process will continue in this manner until there are no bumping opportunities. 12:08 An employee who is entitled to bump into another position in accordance with properly perform the provisions of this Article shall have a familiarization period job in the new positionclassification shall result in the bargaining unit member being returned to layoff status. 6. It shall be the bargaining unit member's responsibility to keep the Board notified as to his/her current mailing address. 7. The purpose of recall list shall be maintained by the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be Board for a period during which an employee acquires the necessary qualifications and ability not to enable the employee to bump another employee. 12:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable, and non discriminatory manner. The onus of proof rests with the Employer in any dispute over the application of qualifications and ability to perform the duties which the remaining employees will be required to perform.exceed two

Appears in 1 contract

Samples: Collective Bargaining Agreement

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