Common use of FORCE REDUCTION Clause in Contracts

FORCE REDUCTION. A. Except as otherwise provided herein, when a regular assigned position is to be abolished, the employee occupying the position will be given not less than five (5) working days' notice prior to the effective date of the abolishment of the position. Copy of such notice of abolition of position will be furnished all employees in active service on the seniority district involved. The provisions of this rule with respect to notice of abolishment of positions will not apply to employees who are filling temporary vacancies of less than thirty (30) calendar days' duration, or to employees who are filling temporary positions of less than thirty (30) calendar days' duration; such employees may be laid off without such notice. B. No advance notices of the abolition of positions will be required under emergency conditions, such as flood, snow storm, hurricane, tornado, earthquake, fire or labor dispute other than as covered by paragraph C below, provided that such conditions result in suspension of a Carrier's operations in whole or in part. Such force reduction will be confined solely to those work locations affected by any suspension of operations. It is further understood and agreed that notwithstanding the foregoing, any employee who is affected by an emergency force reduction and reports for work for his position without having been previously notified not to report, shall receive four (4) hours' pay at the applicable rate for his position. If an employee works any portion of the day he will be paid in accordance with existing rules. C. Advance notice before positions are abolished or forces are reduced is not required where a suspension of a Carrier's operations in whole or in part is due to a labor dispute between said Carrier and any of its employees. D. When force is reduced, positions abolished or an employee is laid off or displaced by a senior employee, the affected employee, if not the junior employee of a seniority class, shall have the right to displace any junior employee of the same seniority class, and he must exercise such displacement rights within ten (10) calendar days of date of receipt of notice or secure a leave of absence, and failing to do so shall forfeit all seniority rights. E. A junior employee of a seniority class who is displaced or whose position is abolished, or who is laid off, shall have the right to displace any junior employee in the next lower seniority class, and he must exercise such displacement rights within ten (10) calendar days of date of receipt of notice or secure a leave of absence, and failing to do so shall forfeit all seniority rights. F. An employee unable to hold a position by reason of force reduction who desires to retain his seniority rights, must within ten (10) calendar days of date so affected, file his name and address with the Carrier with copy to the General Chairman. He must advise in writing of any subsequent changes of address. G. Employees changed to a lower seniority class by reason of being displaced through the exercise of seniority by senior employee or by the abolition of position, shall continue to accumulate seniority in the seniority class or classes from which displaced. Such employee must return in the order of his seniority to such higher class or classes when vacancies or new positions of thirty (30) calendar days' duration or more occur in such higher class or classes unless granted leave of absence. An employee failing to comply with these provisions will forfeit all seniority rights in such higher class or classes. H. When new positions of thirty (30) calendar days' or more duration occur, employees laid off by force reduction who have complied with paragraph E of this rule will be returned in the order of their seniority. An employee who fails to comply with paragraph E of this rule or who fails to return to service within ten (10) calendar days after date of notice sent to his last known address, unless extension is granted, shall forfeit all seniority rights.