Common use of FORCE REDUCTION Clause in Contracts

FORCE REDUCTION. 1. Cutbacks shall follow the lines established in the progression charts, demotions being made in the reverse order in which promotions would have occurred under the chart. a. If more than one line of progression exists in a seniority section, an employee who reached a job classification through one of the established lines shall cut back through the same line. b. In some instances changes in progression charts have occurred which resulted in deletions of former progression lines and establishment of new progression lines. An employee who did not reach his job classification through any of the established lines shall cut back through that line in which the lowest ranking individual occupies the top job classification. c. An employee who has been displaced from his line of progression will compete by seniority for promotion within another line of progression in his seniority section with any other employee not holding line or job equity in that line of progression. d. An employee who has been displaced from an established line of progression and assigned work in another line of progression in the same seniority section, shall hold seniority standing in his regular job classification; however, when work in his established line of progression to which the employee is entitled by seniority becomes available for a workweek or more, he shall be scheduled to such job classification and/or work assignment. 2. An employee whose assignment is eliminated or is temporarily discontinued in a job classification or who is cut back to such a job classification, due to a force reduction, may replace for the remainder of the workweek the employee on turn having the least seniority. Such employee, however, may claim assignment preference within the job classification on the basis of seniority provided no less than a scheduled workweek is known to be available for such assignment prior to the posting of the workweek schedule, subject to other terms and conditions of this Agreement, including Article XIII. 3. Employees cut back from their regular seniority section shall be referred to the Employment Department for reassignment or layoff. Such employees assigned to Employment Reserve shall displace other employees with less seniority who are working on regular job classifications through Employment Reserve. 4. Nothing in this Article shall deprive employees with greater seniority of the opportunity to be placed in a regular job classification in the event of force reductions in preference to employees with less seniority. Not later than Thursday of the second week following the week in which the force reduction occurs, a sufficient number of employees with less seniority shall be displaced from their regular job classification or their regular seniority sections, if necessary, to provide opportunities to be placed in a regular job classification for employees with greater seniority. A displacement date shall be established in order to designate by seniority the employees necessary to be displaced from their regular seniority sections; however, such action shall not require the displacement of employees in any seniority section to the extent such displacement would result in undue dilution of experienced employees in such seniority section. An employee who meets a displacement date and is referred to Employment Reserve for reassignment and, while included in a displacement date, is assigned to his seniority section will forfeit his seniority entitlement in that section for the duration of the assignment. It is understood this procedure does not apply to any employee who meets a displacement date and is retained in his seniority section to avoid dilution. 5. Any cutback employee assigned to Employment Reserve not included in a displacement date shall be returned to his regular seniority section when a week of scheduled work (known at the time of posting of the work schedule for such workweek) to which the employee is entitled becomes available. 6. When two or more employees are assigned through Employment Reserve at the same time on the same turn to the same seniority section, assignments to the higher job classification shall be made, where practicable and reasonable, on the basis of seniority. No changes in such assignments on that turn shall be required by later assignments of employees to that seniority section. 7. In the application of the foregoing paragraphs of this Section, it is recognized that the attainment of the overall objective, as stated in paragraph 4, is intended rather than the placement of individual employees to specific job classifications and/or work assignments. The Company shall have the right to designate the specific job classification and/or work assignments on which an employee shall be placed, and to displace and reassign to provide work for employees with greater seniority. 8. When the Company reduces forces and gives notice of layoffs, it shall establish a layoff date. Employees shall be laid off and called back in accordance with their seniority, using the layoff date which has been established. When the Company, in its judgement, decides to temporarily layoff employees, employees may request voluntary layoff status in accordance with the following procedures. a. An employee must notify the Company in writing of his/her request to participate in the voluntary layoff program. b. The Company will process the request for voluntary layoff promptly. The Company may take into consideration factors such as technical training, experience, or special education in the review of the request. c. The Company may revoke or recall an employee from voluntary layoff status at its discretion. d. An employee who has been granted voluntary layoff status will notify the Company seven (7) days prior to his/her election to return to work. Upon the receipt of the written request the Company will return the employee to active work status no later than the second full week of available work, consistent with the provisions of this Agreement. e. An employee who is on voluntary layoff status will return to work after notification to report has been sent by certified mail or telegram to the employee’s last address as it appears on the records of the Company. f. An employee who is granted voluntary layoff is entitled to SUB benefits, if otherwise eligible. The Company, when there is a need, may exclude from layoff or may call back from layoff, employees with technical training and experience or special education, irrespective of seniority service. Within seven calendar days of such exclusion from layoff, the appropriate representatives of the parties will meet to develop alternate solutions. If no agreed upon solution is reached within 30 days, the Union may file a grievance in Step II of the grievance procedure. 9. An employee laid off because of a force reduction shall retain his relative seniority status in his regular seniority section. 10. In making force reductions in a seniority section, the employees affected and their Union ▇▇▇▇▇▇▇ and the Union business office shall be notified, and whenever possible, be given one week’s advance notice of such reductions. 11. In the application of the provisions of this Section, the Company will provide to the Union the date established for layoff and displacement purposes and a list of the employees involved.