Common use of Exceptions to Seniority Clause in Contracts

Exceptions to Seniority. At each layoff or recall following layoff, the Company may designate certain individual employees whose services are required under the special circumstances then existing. No such designation shall become effective until approved by the Manager, Human Resources and agreed by the Union. The fact that an employee has been so designated shall not affect regular seniority standing and shall resume the same as soon as the special reasons in case cease to exist. (Reference Letter No. for other Exceptions To Seniority). (a) Seniority shall not apply in the cases of employees temporarily laid off for periods not exceeding three (3) working days at any one time due to production interruptions, such as breakdowns of equipment, shortage of stock, power failure or other conditions beyond the Management's reasonable control, except with regard to jobs within a department which are regarded as being of a very comparable nature and there is no question of the ability of the longer service employee to satisfactorily perform the work of a shorter service employee whom may replace because of the circumstances then existing. This exception however, shall not apply unless the temporary layoff exceeds a half shift. If at the time an employee is to be temporarily laid off, there is available work in department, and such an employee makes intentions known to Supervisor or department head, prior to being laid off that work. When it is necessary to send an employee home due to a temporary condition of no work on job (including those caused by excess product inventory, whether foreseeable or not), and it is foreseeable that the duration of such no-work condition will exceed four (4) working days and management has not implemented the provisions of Section of this Article, the employee shall be permitted to exercise seniority rights according to the appropriate Sections on Seniority. The period of time above referred to may be extended by mutual agreement of the Company and the local union. The provision shall not be used for the purpose of avoiding seniority adjustments by scheduling a series of temporary layoffs to meet planned production needs. Layoffs for excess inventory, plant rearrangements, stock shortages, equipment breakdown, model change- over, or other conditions which are expected to be four (4) working days or more, but less than thirty (30) calendar days will be considered as inverse seniority layoffs. If less than all the employees in a department must be placed on layoff during such periods, employees with the affected classification will be laid off, for the duration of the period, in inverse seniority order (highest seniority first) unless they have made application to continue to work at least fourteen

Exceptions to Seniority. 158 At each layoff or recall following layoff, the Company may designate certain individual employees whose services are required under the special circumstances then existing. No such designation shall become effective until approved by the Manager, Human Resources and agreed by the Union. The fact that an employee has been so designated shall not affect his/her regular seniority standing and he/she shall resume the same as soon as the special reasons in his/her case cease to exist. (Reference Letter No. 92 for other Exceptions To Seniority). 159 7.16 (a) Seniority shall not apply in the cases of employees temporarily laid off for periods not exceeding three (3) working days at any one time due to production interruptions, such as breakdowns of equipment, shortage of stock, power failure or other conditions beyond the Management's ’s reasonable control, except with regard to jobs within a department which are regarded as being of a very comparable nature and there is no question of the ability of the longer service employee to satisfactorily perform the work of a shorter service employee whom he/she may replace because of the circumstances then existing. This exception however, shall not apply unless the temporary layoff exceeds a half shift. 160 If at the time an employee is to be temporarily laid off, there is available work in his/her department, and such an employee makes his/her intentions known to his/her Supervisor or department head, prior to being laid off that he/she wants to be considered for the work available, he/she will be retained on the same, provided there is no question as to his/her ability to perform the work required, and he/she is the most senior employee requesting such work. 161 (b) When it is necessary to send an employee home due to a temporary condition of no work on his/her job (including those caused by excess product inventory, whether foreseeable or not), and it is foreseeable that the duration of such no-work condition will exceed four (4) working days and management has not implemented the provisions of Section 7.16 (c) of this Article, the employee shall be permitted to exercise his/her seniority rights according to the appropriate Sections on Seniority. The period of time above referred to may be extended by mutual agreement of the Company and the local union. The provision shall not be used for the purpose of avoiding seniority adjustments by scheduling a series of temporary layoffs to meet planned production needs. Layoffs for excess inventory, plant rearrangements, stock shortages, equipment breakdown, model change- over, or other conditions which are expected to be four . (4c) working days or more, but less than thirty (30) calendar days will be considered as inverse seniority layoffs. If less than all the employees in a department must be placed on layoff during such periods, employees with the affected classification will be laid off, for the duration of the period, in inverse seniority order (highest seniority first) unless they have made application to continue to work at least fourteenTEMPORARY LAYOFF INVERSE SENIORITY AGREEMENT

Exceptions to Seniority. 162 At each layoff or recall following layoff, the Company may designate certain individual employees whose services are required under the special circumstances then existing. No such designation shall become effective until approved by the Manager, Human Resources and agreed by the Union. The fact that an employee has been so designated shall not affect his/her regular seniority standing and he/she shall resume the same as soon as the special reasons in his/her case cease to exist. (Reference Letter No. 97 for other Exceptions To Seniority). 163 7.16 (a) Seniority shall not apply in the cases of employees temporarily laid off for periods not exceeding three (3) working days at any one time due to production interruptions, such as breakdowns of equipment, shortage of stock, power failure or other conditions beyond the Management's ’s reasonable control, except with regard to jobs within a department which are regarded as being of a very comparable nature and there is no question of the ability of the longer service employee to satisfactorily perform the work of a shorter service employee whom he/she may replace because of the circumstances then existing. This exception however, shall not apply unless the temporary layoff exceeds a half shift. 164 If at the time an employee is to be temporarily laid off, there is available work in his/her department, and such an employee makes his/her intentions known to his/her Supervisor or department head, prior to being laid off that he/she wants to be considered for the work available, he/she will be retained on the same, provided there is no question as to his/her ability to perform the work required, and he/she is the most senior employee requesting such work. 165 (b) When it is necessary to send an employee home due to a temporary condition of no work on his/her job (including those caused by excess product inventory, whether foreseeable or not), and it is foreseeable that the duration of such no-work condition will exceed four five (45) working days and management has not implemented the provisions of Section 7.16 (c) of this Article, the employee shall be permitted to exercise his/her seniority rights according to the appropriate Sections on Seniority. The period of time above referred to may be extended by mutual agreement of the Company and the local union. The provision shall not be used for the purpose of avoiding seniority adjustments by scheduling a series of temporary layoffs to meet planned production needs. Layoffs for excess inventory, plant rearrangements, stock shortages, equipment breakdown, model change- over, or other conditions which are expected to be four (4) working days or more, but less than thirty (30) calendar days will be considered as inverse seniority layoffs. If less than all the employees in a department must be placed on layoff during such periods, employees with the affected classification will be laid off, for the duration of the period, in inverse seniority order (highest seniority first) unless they have made application to continue to work at least fourteen.