Common use of Layoff and Recall Clause in Contracts

Layoff and Recall. In cases of layoff and recall from layoff, seniority shall govern, providing the remaining employees have the qualifications to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation is more favourable to the employees, the Corporation shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior to the effective date of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping process.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Layoff and Recall. In cases For the purposes of layoff and recall from layoffrecall, seniority shall governis defined as length of continuous service in the job classification in the Office Area. For layoff because of lack of work, providing the remaining employees have employee with the qualifications to perform least seniority in the work available. It is understood that probationary employees Office Area shall be first selected provided that an employee scheduled for layoff may be retained where he/she is performing duties which no more senior qualified employee is able to perform. Recall to their Office Area of employees who are laid off will be made on the basis of greatest seniority. An employee who is laid off and recalled to his/her Office Area within four years shall regain the seniority he/she had and shall be credited with the sick leave to which he/she is entitled at the time he/she was laid off. Unless legislation An employee who is not recalled within four years shall be considered terminated. When two or more favourable employees with an identical seniority date in the bargaining unit are scheduled for layoff or recall, a lottery drawing shall be held to determine selection of the employees, the Corporation shall notify the Union and the employees who are employee to be laid off thirty (30) calendar days prior or recalled. The Union representative shall be present at the lottery drawing. Only one such lottery drawing shall be necessary to determine seniority for the list. An employee while on layoff from an Office Area shall be offered assignment to an opening in his/her title in any other Office Areas in the borough before any new applicants are assigned. An employee on layoff who accepts such assignment to another Office Area shall begin to earn Office Area seniority from the effective date of any layoff which is expected that assignment, and shall maintain recall rights back to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond original Office Area in accordance with the recall provision of this Article. For purposes of seniority the elementary, junior high and intermediate schools in each district shall constitute a separate Office Area. For the high schools each borough shall constitute a separate Office Area and for the warehouse and distribution locations the Warehouse and Distribution Section shall constitute a single Office Area. If an hourly senior school lunch helper is laid off, the employee shall regain seniority in his/her or the Corporation’s control. Employees who have been laid off from their jobs prior job classification and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to bump those employees in the position from which they were laid off or displaced for lower classification with less seniority provided the employee previously held a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to performlower title. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution be given ten days notice of layoff, except for any laid off employees prior to going through the bumping processcompelling reasons. The Union will be given twenty days notice of a mass layoff at a work location, except for compelling reasons.

Appears in 4 contracts

Samples: www.local372.org, afscmeatwork.org, www.local372.org

Layoff and Recall. In cases (a) The layoff employees shall be in reverse order of layoff and recall from layoff, seniority shall govern, providing the that employees remaining employees have the qualifications are qualified to perform the work availableavailable work. It is understood that probationary Probationary employees shall be first laid offoff first. Unless legislation is more favourable Full-Time layoffs shall be separate from Part-Time layoffs. Notwithstanding this provision, when Full-Time or Part-Time employees choose to bump and there are no employees with less seniority on the employeesapplicable Full-Time or Part-Time seniority list as the case may be, then the Corporation shall notify lists will be merged for purposes of bumping. Consistent with the Union and the opportunity to bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process. The decision of the employee to choose to bump must be laid off thirty given to the Employer in writing within seven (307) calendar days prior to the effective date following notification of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made availablelayoff. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified failing to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort do so will be made deemed to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or have accepted the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No agency or new employee hires will be hired to perform work that used when there is an employee on layoff is capable and provided that the employees on layoff are qualified to performperform the available work. Employees being recalled Recall to work from layoff a regular Part-Time or Full-Time position shall be in order of seniority. Notice of recall will be offered position vacancies sent by registered mail. An employee will respond within seven (7) calendar days and shall be available for which they are qualified work within fourteen (14) days unless otherwise agreed. The Home and Union will meet and discuss the layoffs at the same or lower level from earliest opportunity. This discussion will include the position they were laid off. Employees service which the Home will be required to accept recall to a position at undertake after the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processlayoff.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoff and Recall. In cases of layoff and recall from (a) A “short-term layoff, seniority shall govern, providing the remaining employees have the qualifications to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation is more favourable to the employees, the Corporation shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior to the effective date of mean any layoff which is expected not anticipated to exceed fifteen three (153) working daysmonths in length. If A “long-term layoff” shall mean any layoff which is not a short-term layoff. The layoff of employees have not had shall be in reverse order of seniority providing that employees remaining are qualified to perform the available work. Probationary employees shall be laid off first. Full-time lay-offs shall be separate from Part-time lay-offs. Notwithstanding this provision, when Full-time or Part-time employees choose to bump and there are no employees with less seniority on the applicable Full-time or Part-time seniority list as the case may be, then the lists will be merged for purposes of bumping. Consistent with the opportunity to work their regular scheduled work bump, all employees who are potentially impacted will be given notice of lay-off at the outset of the process. The decision of the employee to choose to bump must be given to the Employer in writing within 7 calendar days during following the said thirty (30) calendar days, they shall be paid for the days on which work was not made availablenotification of lay- off. Employees receiving notice of layoff may accept failing to do so will be deemed to have accepted the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to performlay-off. No employee shall bump into agency or be placed into a position that is a higher level than the position from which they have been laid off. Every effort new hires will be made to find alternative work for any employee who used when there is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid lay-off provided that they the employees on lay-off are fully qualified to perform the available work. Recall to a regular Part-time or Full-time position shall be in order of seniority. Notice of recall will be sent by registered mail. An employee will respond within 7 calendar days and shall be available for the positionwork within an additional 14 days unless otherwise agreed. In all cases of layoff the Corporation The Employer and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through meet and discuss the bumping processlayoffs at the earliest opportunity. This discussion will include the service which the Home will undertake after the lay-off.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoff and Recall. In cases The Employer may lay off one or more employees upon providing not less than forty-five (45) days notice, prior to the effective date of layoff and recall from the layoff, . The employee with the least seniority shall governbe the first to be laid off, providing provided that the remaining employees have next senior employee possesses the qualifications necessary knowledge, skills, qualifications, abilities and willingness to perform the work available. It is understood that probationary Subject to Article employees on layoff possessing the necessary knowledge, skills, qualifications, abilities and willingness to perform the work available, shall be first laid off. Unless legislation is more favourable to have the employees, the Corporation shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior to the effective date right of any layoff recall for positions which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days become available during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to performreverse order of layoff. No employee The right of recall shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from cease twelve (12) months after the date of their layoff and the employee shall lose all seniority and be deemed terminated. The Employer shall not participate in the cost of an employee’s benefits, including pension contributions, after the month in which the employee is laid off, provided that, subject to the conditions and the availability of the insurance benefits, the employee may seek to arrange to have his or her benefits continued solely at the employee's expense until recall or until the expiry of the period referred to in Article whichever first occurs. Where an employee is to be recalled, he or she shall be informed of the recall by written notice. A notice sent to the last known address of the employee as shown on the records of the Employer shall be deemed to be sufficient notice. It is the responsibility of each employee on layoff to keep the Employer informed of his or her current address. An employee receiving a recall notice shall advise the Employer, in writing, that within ten (10) days of the recall notice that he or she accepts the recall and will commence employment at the date and place specified in the notice. Upon expiration, after ten (10) days following the date of such recall notice, any and all employment and recall rights of an employee shall be terminate where the employee has not provided written acceptance of the recall. Other than the right of recall and the benefits provided in this Article, during the period of layoff. No new employee will be hired to perform work that , an employee on layoff is capable and qualified shall not be entitled to performany of the benefits in this Agreement. Employees being recalled to work from An employee on layoff will shall be offered position vacancies compensated for which they are qualified court attendance required as a result of the performance of police duties at straight time at the same or lower level from hourly rate the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees employee earned prior to going through the bumping processlay-off.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. In cases The Board may lay off one or more Employees upon providing not less than forty-five (45)work days', excluding Saturdays and Sundays, written notice prior to the effective date of layoff and recall from the layoff, . The Employee with the least seniority shall governbe the first to be laid off, providing provided that the remaining employees have next senior Employee retained has the qualifications necessary skills, qualifications, abilities, and willingness to perform the work available. Subject to Article Employees on layoff possessing the necessary skills, qualifications, abilities, and willingness to perform the work available shall have a right of recall for positions which become available during the layoff, in reverse order of layoff. The right of recall shall cease twelve (12) months after the date of layoff and the Employee shall lose all seniority and be deemed terminated. The Board shall not participate in the cost of an Employee's benefits, including pension contributions, after the month in which the Employee is laid off provided that, subject to the conditions and the availability of the insurance benefits, the Employee may seek to arrange to have his or her benefits continued solely at the Employee's expense until recall or until the expiry of the period referred to in Article whichever first occurs. Where an Employee is to be recalled, he or she shall be informed of the recall by written notice. A notice sent to the last known address of the Employee, as shown on the records of the Board, shall be deemed to be sufficient notice. It is understood the responsibility of each Employee on layoff to keep the Board informed of his or her current address. An Employee receiving a recall notice shall advise the Board, in writing, that probationary employees within ten days of the recall notice, he or she accepts the recall and will commence employment at the date and place specified in the notice. Upon expiration, after ten days following the date of such recall notice, any and all employment and recall rights of an Employee shall terminate where the Employee has not provided written acceptance of the recall. Other than the right of recall and the benefits provided in this Article, during the period of layoff an Employee on layoff shall not be entitled to any of the benefits in this Agreement. An Employee on layoff shall be first laid off. Unless legislation is more favourable to compensated for Court attendance required as a result of the employees, the Corporation shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior to performance of police duties in accordance with Article or before the effective date of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No an employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid offturn in all use of force equipment to Supervisor. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable shall not wear any clothing that identifies as a NAPS employee. Subject to an employee shall turn all of NAPS property and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter clothing, including notebooks, into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processSupervisor.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. In cases The Board may lay off one or more Employees upon providing not less than forty-five (45) work days’, excluding Saturdays and Sundays, written notice prior to the effective date of layoff and recall from the layoff, . The Employee with the least seniority shall governbe the first to be laid off, providing provided that the remaining employees have next senior Employee retained has the qualifications necessary skills, qualifications, abilities, and willingness to perform the work available. It is understood that probationary employees Subject to Article Employees on layoff possessing the necessary skills, qualifications, abilities, and willingness to perform the work available shall be first laid off. Unless legislation is more favourable to the employees, the Corporation shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior to the effective date have a right of any layoff recall for positions which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days become available during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to performreverse order of layoff. No employee The right of recall shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from cease twelve (12) months after the date of their layofflayoff and the Employee shall lose all seniority and be deemed terminated. No new employee will be hired to perform work that The Board shall not participate in the cost of an employee on layoff Employee’s benefits, including pension contributions, after the month in which the Employee is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that, subject to the conditions and the availability of the insurance benefits, the Employee may seek to arrange to have his or her benefits continued solely at the Employee’s expense until recall or until the expiry of the period referred to in Article whichever first occurs. Where an Employee is to be recalled, he or she shall be informed of the recall by written notice. A notice sent to the last known address of the Employee, as shown on the records of the Board, shall be deemed to be sufficient notice. It is the responsibility of each Employee on layoff to keep the Board informed of his or her current address. An Employee receiving a recall notice shall advise the Board, in writing, that they are fully qualified for within ten days of the positionrecall notice, he or she accepts the recall and will commence employment at the date and place specified in the notice. In Upon expiration, after ten (I0) days following the date of such recall notice, any and all cases employment and recall rights of an Employee shall terminate where the Employee has not provided written acceptance of the recall. Other than the right of recall and the benefits provided in this Article, during the period of layoff an Employee on layoff shall not be entitled to any of the Corporation and benefits in this Agreement. An Employee on layoff shall be compensated for Court attendance required as a result of the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping process.performance of police duties in accordance with Article

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. In cases the event of layoff and recall from a layoff, that employee within the particular department and within the particular occupation affected, who has the least seniority shall governas defined in Section 1, providing paragraph (a) above, will be laid off, provided the remaining employees in such department and occupation have the qualifications skill and ability to perform the required work of such occupation in a satisfactory manner without training or extra supervision. If a job opening occurs in an occupation within a particular department from which one or more employees have been laid off pursuant to the foregoing provision of this Section, then such employee with the then greatest seniority shall be recalled to such job provided he or she has the skill and ability to perform the job efficiently without any training or extra supervision. Employees of Dartmouth Dining Association covered by this Agreement shall be afforded an opportunity to apply for work in other departments during shut down periods in accordance with the following procedure. At least three (3) weeks prior to the shut down interested employees may apply at the Dining Hall Office by completing a form provided by the Employment Office indicating their availability for work during the shut down and the type of work for which they are qualified. The Employment Office will contact other departments to determine if work is available. Employees who have signed up by the deadline will be notified regarding positions, hours of work, job requirements and rate of pay for any positions available. Positions will be assigned on a seniority basis for all individuals who file forms at least three weeks prior to the shut down. In order to insure that the College can maintain proper staffing levels, employees who apply for and accept shut down work must perform the job assigned unless excused by the College for good reason. Other work which may become available during shut down will be assigned to qualified employees on a “first come first served” basis, however, the parties recognize that employees have an obligation to continue to make their availability known to the Employment Office should they wish a work assignment during any shut down. These shut down provisions provide for a procedure for employees to apply to work during shut downs but are not a guarantee that work will be available. The College reserves the right to reject any one who is not qualified for any temporary position. Wages for work performed during shut down as described in this article shall be at the rate of the job to which the employee is temporarily assigned. It is understood that probationary temporary employees shall will be first laid off. Unless legislation is more favourable subject to the employees, the Corporation shall notify the Union same attendance and the disciplinary policies as regular employees who are to be laid off thirty (30) calendar days prior to the effective date of when performing any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processtemporary assignment.

Appears in 2 contracts

Samples: Agreement, Agreement

Layoff and Recall. In cases the case of layoff and recall from layoffor recall, seniority shall govern, providing govern so long as it does not prevent the remaining employees have the qualifications to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation is more favourable to the employees, the Corporation shall notify the Union and the Company from maintaining a working force of employees who are qualified to do the work which is available, at the rate of pay applicable to the job. Employees who are in their last progression period in a training program will not be treated as trainees for layoff purposes. Employees to be laid off thirty shall be notified by Management as far in advance of the layoff as is practicable. In any event, employees will receive no less than three (30) calendar days 3)days notice prior to a layoff. In the effective date case of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the a layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall non-skilled employees may bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies skilled job for which they are qualified at providing they have the same or lower level from seniority to do so. In addition to the position they were preceding section above and in the circumstances outlined herein, when five (5)or more employees are being laid offoff in any given work week, the Company will provide training prior to the actual layoff, to no more than two (2) employees per department (for a maximum of nine (9) employees per layoff) in the classifications as outlined below, of those who would have been laid off and who would not be qualified to bump into any other classification in the plant. Employees In order to be afforded this opportunity, the employees to be laid off must have the seniority to bump the two (2) most junior incumbents in the classification for which the training will be provided. The training provided will be sufficient to qualify the employees to perform the requirements of the following classifications: Classification Press End Wrapper Litho Tin plate Sorter Can Assembly Bodymaker Feeder and/or Operator Operator and/or General Labour Maintenance Janitor but in any event such training will not extend beyond three (3)work days, during which time the employee must acquire adequate skills and demonstrate the ability to perform the job requirements to the degree of proficiency required to accept recall to a position at of other employees in the same level from which they were laid off provided that they are fully qualified for job. Departments Can Line Quality Assurance Shipping and Receiving Press and Shearing Machine Shop, Electrical, Stores and Litho Metal Closures Seniority An employee's continuous service shall be considered as having been terminated and all service forfeited if the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping process.employee:

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. In cases (a) As employees progress through transfer job posting, so shall they retrogress during times of layoff as per Article and recall from layoff, shall exercise their bumping rights into the last department where they had previously acquired seniority shall govern, providing the remaining employees have the qualifications provided they are able to perform the work availableavailable in that Department. It is understood Should an employee decide not to exercise his bumping rights, he shall then sign a notice of "Desire to Relinquish" his seniority in that probationary employees shall be first laid offdepartment thereby forfeiting his right to reinstatement in that department in future by reason of seniority. Unless legislation is more favourable Should any employee being recalled from layoff, wish to the employees, the Corporation shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior to the effective date of any layoff bypass a department in which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar daysseniority was previously acquired, they shall be paid for the days on which work was not made available. Employees receiving sign a notice of layoff may accept the layoff, bump the most junior employee "Desire to Relinquish" their seniority in that department thereby forfeiting their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall or reinstatement in that department in future by reason of seniority. If an employee is laid off and recalled based on seniority, will be reinstated in all Welfare Plans without loss of benefits due to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired until those employees who have been laid off have been given the opportunity of recall or applying for the new job posting provided the employee advised the Company, in writing, at the time of layoff of his intention to perform work that be recalled to another classification. It is the responsibility of the employee to advise the Company of their current address and telephone number. The Company shall notify the employees with more than one (1) year’s seniority of the new job posting. Where notice of permanent layoff has been issued to an employee and that employee has subsequently been on layoff is capable and qualified for a period in excess of six (6) consecutive months, then such an employee shall be permitted to performuse their seniority date (date of hire) to bump a more junior employee in a department where they had no departmental seniority. Employees being recalled to work from layoff The employee will be offered position vacancies for which they are qualified at bump the same or lower level from most junior employee the position they were laid off. Employees will be required to accept recall to a position at bargaining unit in the same level from which they were laid off provided that they are fully qualified for the position. In all cases non-skilled classifications of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processSchedule ’A’.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. 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 cases the event of layoff 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 more employees have relatively equal experience, skill, ability and qualifications to do the work without further training, the employee with the least seniority will be laid off first. Such notice shall be provided at a minimum of forty-five (45) days prior to the anticipated date of layoff. Employees who are laid off shall be placed on a recall from list for a period of three (3) years. If there is a recall, employees who are still on the recall list shall be recalled in the inverse order of their layoff, seniority shall govern, providing the remaining employees have the qualifications provided they are qualified to perform the work availablein the job classification to which they are recalled without further training. It If an employee is understood that probationary employees shall be first laid off. Unless legislation is more favourable recalled to the employeesa lower-rated job classification, the Corporation shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior to the effective date of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to refuse the recall and to the await recall for his past position from which they were laid off or displaced for a period of up to one year from the date of after their layoff. No new employee will be hired right to perform work that an employee on layoff is capable and qualified to performrefuse has been exercised. Employees being recalled who are eligible for recall shall be given five (5) calendar days' notice of recall and notice of recall shall be sent to work from layoff will be offered position vacancies for which they are qualified at the same employee by certified or lower level from registered mail with a copy to the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off Union, provided that they are fully qualified for the positionemployee notify the City Manager's office of his intention to return within two (2) days after receiving the notice of recall. In all cases The City shall be deemed to have fulfilled its obligations by mailing the recall notice by registered mail, return receipt requested, to the mailing address provided by the employee, it being the obligation and responsibility of layoff the Corporation and employee to provide the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processCity Manager's Office with his latest mailing address.

Appears in 1 contract

Samples: Agreement

Layoff and Recall. In cases Section When it is necessary to reduce the working force, probationary employees shall be laid off first. If further lay-offs are made, the employees shall be laid off in reverse order of layoff and recall from layoff, seniority shall govern, providing provided the remaining employees retained above have the qualifications ability and willingness to do the jobs required. The Company will continue its practise of giving advance notice of hours on lay-offs with the exception of break down or supply failure. Employees with be recalledto work in the reverse order of lay-offs provided the employees so recalled have the ability and willingness to do the jobs required. For purposes of this section, in an emergency the seniority list may be suspended for one day. ARTICLE TRANSFERS Section In permanenttransfers between departmentsto jobs within the Bargaining unit, employees will carry their seniority with them. Permanent transfers shall carry the job rate. Section It is the intention of the Company to keep the employeeupon his regular job whenever possible in accordance with seniority. When it becomes necessary to transfer employ- ees temporarily, employees having the least seniority within an effected classification and operational unit, shall be transferred subject to employees retained being able to perform the work available. Section Employees in the Bargaining Unit who are trans- ferred to positions outsidethe Bargaining Unit, such as xxxxxxx or any other Managerial position, shall hold seniority within the Bargaining Unit for four months only. Should the employee return within the four month period, he will take the available work. Should they wish to re-enterthe Bargaining Unit after the month period, they can do so only as new employees. Section Temporary transfers shall carry the higher rate whetherthat be job or employee rate. Employee rateshall mean the base rate or retained rate if employee That rateshall be paid for the period of time which the transfer is in effect. It is understood that probationary employees shall be first laid off. Unless legislation a temporary transfer will take effect where an employee is more favourable to the employees, the Corporation shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior to the effective date of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced higher-rated job for a period of one year from the date of their layoffhour or more during a day. No new temporary transfer takes effect where an employee is transferred to a lower ratedjob for theconvenience of the Company when his regular posted job is still available. Temporary transfers for employees not working in their posted positions will be hired administered in accordance with operational requirements and to the extent practical, seniority. Temporary transfers will not exceed one full shift. Where temporary transfer is assigned to an employee other than the mostsenior qualified employeewho was at work on the shift then that senior employee provided he has the ability and willingness to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff the job will be offered position vacancies for which they are qualified at also receive the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified rate for the position. In all cases period of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processtemporary transfer.

Appears in 1 contract

Samples: negotech.labour.gc.ca

Layoff and Recall. In cases (Note : For purposes of layoff and the operation of clause an identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee’s straight time hourly wage rate). An employee shall have opportunity of recall from layoffa lay-off to an available opening, seniority in order of seniority, provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall governnot apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, providing the remaining employees Hospital shall not act in an arbitrary or unfair manner, An employee recalled to work in a different classification from which he was laid off shall have the qualifications privilege of returning to the position he held prior to the lay-off should it become vacant within six months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation is more favourable to the employees, the Corporation The Hospital shall notify the Union employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the employees who date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on lay-off shall be given preference for temporary vacancies which are to be laid off thirty (30) calendar days prior to the effective date of any layoff which is expected to exceed fifteen (15) ten working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any An employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have has been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will such temporary vacancy shall not be required to accept such recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processmay instead remain on lay-off.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. In cases of A layoff and recall from layoff, seniority for full-time employees shall govern, providing the remaining employees have the qualifications to perform be defined as a reduction in the work availableforce or a reduction in the normal scheduled hours of work and for part-time employees, a reduction in excess of of the normal scheduled hours of work as set out in the job postingthat resultedin the employee obtaining the position. It Notwithstanding any other provision of this Agreement, where the Employer needs to lay off employees, the Employer may, prior to utilizing the procedure outlined below, transfer an employee to fill in any vacancy for which has the ability, qualifications and/or relevant work experience, provided such vacant positionhas the same rate of pay. Inthe event of a layoff,the following procedure shall apply: The classification and status (full-time and part-time) within which the layoff is understood that to occur will be identified. All probationary employees shall be first laid offoff first. Unless legislation is more favourable to the employeesThereafter, the Corporation shall notify the Union and the if further employees who are to be laid off, the most junior employees within the selected classification and status at the location where the reduction of staff is neededwill be laid off thirty first. The Employee shall have the right to displace a less senior employee in any classification, except a Program Co-ordinator, having the same status, who the employee has the qualifications, skills and ability to displace. The right to bump shall include the right to bump up. If the laid off employee is a full-time employee and is unable to displace an employee pursuant to the procedure outlined in paragraph above, the employee shall have the option to either take the layoff or to displace a less senior part-time employee where the employee has the qualifications, skill and ability. Any employee displaced by the bumping procedure pursuant to and (30e) above, shall be afforded the same opportunity to exercise seniority in the same manner. The Employer and the Union shall meet prior to a layoff to review the seniority list and to discuss the order of layoff. In addition, the parties will look to identify alternatives to the proposed layoffs. Xxxxxx grievances will be initiated at Step of the grievance procedure. Employees shall be recalled to work in order of seniority providedthey have the qualifications, skill and ability to perform the available work. Seniority rights for recall are as described in sub-article All notices of layoff shall be in writing and Employees who have received notice of layoff shall be given the opportunity to meet with a designated representativeof the Employer and the Union to discuss options. If the employee wishes to assert seniority rights to displace another employee as provided for above, shall submit a request in writing to the Manager of Human Resourceswithin seven (7) calendar days of such meeting, with a copy to the President of the Union. The Employer shall not hire new employees where employees are on layoff until those laid off employees are given the opportunity to be recalled pursuant to paragraph above. Except when caused by a reason or reasons beyond the control of the Employer, all employees about to be laid off shall receive at least sixty (60) calendar days notice prior to the effective date of any layoff which is expected to exceed fifteen the layoff. of Provided that they have at least two (152) working days. If employees have not had years seniority, the opportunity to work their regular scheduled work days during President of the said thirty (30) calendar daysLocal Union followed by the Chief Xxxxxxx, they while in office, shall be paid deemed to have the highest seniority in the bargaining unit and shall be entitled to assert such deemed seniority for the days on which work was not made available. Employees receiving notice of layoff may accept the layoffpurposes and recall in accordance with sub-article Subject only to staffing requirements, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every every reasonable effort will be made to find alternative layoff part-time employees before laying off full- time employees. ARTICLE EMPLOYEES It is understood that employees in all classifications are generally assigned to work for any employee who with clients in locations appropriate to their needs and wishes. It is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs agreed and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee understood that all vacancies will be hired posted, except the Employer may transfer employees to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at another locationwithout a postingin the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping process.following circumstances:

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. In cases When a layoff is necessary the Company, whenever possible, will give at least three (3) working days written notice of layoff such lay-off to the affected employees and recall from layoffthe Plant Chairperson before posting said notices. Whenever it becomes necessary to decrease working force, students will be the first laid off; if further layoffs are necessary, probationary employees shall be laid off second; employees with the least amount of plant wide seniority shall governthen be laid off, providing the provided those remaining employees have the qualifications with more seniority are able and willing to perform do the work available. It An employee who has exhausted his seniority rights within his classification may elect to exercise his seniority rights and displace an employee with less seniority in another classification provided that the employee wishing to so displace a less senior employee is understood that probationary employees shall willing and able to perform the available work within the classification the employee wishes to enter. Employees so moving to another classification will be first laid offpaid the applicable rate of pay for the new classification. Unless legislation is more favourable In the event of a dispute regarding an employee’s ability to perform the employeesavailable work, the Corporation shall notify the Union and the employees who are to such employee will be laid off thirty given a five (30) calendar days prior to the effective date of any layoff which is expected to exceed fifteen (155) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid day trial for the days purpose of determining their ability. The Union Plant Committee will be retained in the employ of the Company during their respective terms of office, notwithstanding their position on the seniority list, so long as the Company has work available which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified able and willing to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment in accordance with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee above provisions will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled returned to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from in line of seniority in which they were laid off provided that they are fully qualified able and willing to do the work available. In the event of any layoff, the Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled and any cancellation of such notices. Before any new employees are hired, seniority employees still laid off or transferred to lower paid jobs as a result of layoff shall be offered employment in order of their seniority standing, providing they have the skill and ability to do the normal requirements of the job. When short term become necessary due to acts of God, unexpected disruption of supplies, mechanical or electrical problems, the Company may lay off employees within the classification affected for a period not to exceed three (3) consecutive working days at any one time during a calendar year and not to exceed seven (7)working days in any one calendar year without regard for the position. In all cases provisions of layoff seniority,provided that students and probationary employees within the Corporation and the Union will enter into discussions to find an appropriate placement solution for any affected classification are laid off first followed by those employees prior to going through with the bumping process.least seniority in the classification performing the work on the Inverse Seniority

Appears in 1 contract

Samples: Agreement

Layoff and Recall. In cases of layoff and recall from layoff, seniority shall govern, providing the remaining employees have the qualifications to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation is more favourable to the employees, the Corporation shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior to the effective date of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. A. In all cases of layoff and recall, seniority in each classification shall be the Corporation basis for such action in accordance with the provisions of this Article. Employees with the least seniority shall be the first laid off and the Union will enter into discussions to find an appropriate placement solution for any laid off employees with the most seniority shall be the first recalled, subject to bumping rights. An employee whose job is eliminated due to a reduction in work force or elimination of the job shall have the right to bump another with less seniority in the same classification as hereinafter set forth, provided the bumping employee has the ability to perform the work. Such bump must be exercised within three (3) working days after the employee is laid off. The bumping employee shall be given five (5) working days to demonstrate that he possesses the necessary qualifications to perform the job into which has bumped. An employee who has successfully bumped shall return to his old job immediately upon his old job becoming available. Employees shall be recalled in accordance with their seniority and bumping rights. No new employee shall be hired until all employees on layoff have been recalled. All laid off employees shall have the right to apply for positions outside their classifications which remain vacant and available following the conclusion of the bidding process set forth within Section 3 of this Article VI, by submitting applications for any such positions to the office of the Superintendent. A laid off employee who submits such an application shall be afforded preference in the award of the position, provided however, that for purpose of filling such a position outside the classification in which he/she was previously employed by the School District, the employee shall be considered a "new" employee and be subject to the probationary period set forth in Section 1 of this Article VI. If more than one such laid off employee applies for the same position outside each employee's classification, the employee with the greater District-wide seniority shall first be afforded the opportunity to fill the position in accordance with this section. Any laid off employee who is awarded a position outside his/her classification in accordance with this Section and who is retained in the position beyond the probationary period shall, for purposes of seniority within the classification of the newly-awarded position, have an employment date commencing with the date the new position is awarded to him/her. On that same date, the employee's length of service, for purposes of determining seniority in the classification in which he/she was originally employed shall be "frozen," until such time, if ever, that the employee returns to a position within his/her original job classification. The employee's District-wide seniority shall, however, continue to date back to the date of original employment, provided there has been no break in seniority as defined in Section 4 of this Article. Any laid off employee who is awarded a position outside his/her classification in accordance with this Section but who is not retained beyond the probationary period, shall thereafter again be returned to the layoff status he/she occupied prior to going through commencement of the bumping processprobationary period. Nothing set forth herein shall impair any such employee's recall and/or seniority rights.

Appears in 1 contract

Samples: Agreement

Layoff and Recall. In all other cases of layoff, the Hospital shall give each employee in the bargaining unit who has acquired seniority one week's notice provided however, such notice shall not be required if the layoff occurs because of emergencies (for example, fire, act of God, power failure or equipment breakdown). In the event of layoff, the Hospital shall lay off employees in the reverse order of their seniority within their classification; providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject to layoff shall have the right to either: accept the layoff; or displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be laid off subject to his or her rights under this section. The decision of the employee to choose (a) or above shall be given in writing to the designated Hospital representative within five working days (excluding Saturday, Sunday and Holidays) following the notification of layoff. Employees failing to do do be deemed to have accepted the layoff. An employee shall have the opportunity to recall from a layoff to an available opening, in order of seniority, provided he has the ability to the work. before such is filled on a basis under a job posting procedure. The posting-procedure in the Collective Agreement shall not apply until the recall process has been completed. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. In determining the ability of an employee to perform the work for the purposes of Paragraphs above, seniority the shall govern, providing the remaining employees not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which she was laid off shall have the qualifications privilege of returning to the position he held prior to the layoff should it become vacant within six months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Hospital of their intention to do so, in accordance with below, or have been found unable to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation is more favourable to the employees, the Corporation shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior to the effective date of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping process.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. In cases the event of layoff and recall from a layoff, seniority employees will be reduced in an inverse order of the Seniority List on which their names appear, provided there are more senior employees who can satisfactorily perform the work from which the junior employees are removed. In the event of a lay-off due to lack of work the Company agrees to give every employee who is to be laid off one clear working day’s notice of such proposed lay-off. This clause shall governnot apply if the employee’s failure to receive such notice is due to absence from work on the day on which would have otherwise received such notice. No probationary employees will be allowed to work while there is a layoff in effect, providing the remaining employees have the qualifications except if those on layoff are unwilling to perform the work availablein question or if in the opinion of manage- ment, they are incapable of performing the work. It is understood that probationary In the event of recalling employees shall from layoff the recall will be first laid off. Unless legislation is more favourable to based on the employees, order of seniori- ty provided the Corporation shall notify senior employee can satisfactorily perform the Union and the employees who are to be laid off thirty (30) calendar days prior to the effective date of any layoff work for which is expected being recalled. Any employee’s reinstatement after sick leave will be conditionalon supplying,when requested a certificate from a physician that is fully recovered from the illness or injury which caused absence. ARTICLE TEMPORARY TRANSFERS Any employee who has been classified on a specified job classification, and who, for the con- venience of the Company, is temporarily transfer- red to exceed fifteen (15) working days. If employees have not had another job classification in which the opportunity rate of pay is different to work their that in effect in such employee’s regular scheduled work days during the said thirty (30) calendar daysjob classification, they shall be paid while so employed as follows: If the rate of pay in the job classification to which is transferred is less than the employee’s regular pay, shall receive own higher rate of pay ex- cept when an employee is transferred from a non-incentive job classification to an in- centive job classification. In this situation shall receive the normal rate for the days on classification to which work was not made availableis temporarily transferred as long as the incentive earnings equals or exceeds the non incentive rate. Employees receiving notice If the rate of layoff may accept pay for the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified job classification to perform. No employee shall bump into or be placed into a position that which is a transferred is higher level than the position from rate of pay for the employee’s regular job classification, shall receive the normal rate for the job classification to which they have been is temporarily transferred. An employee who, for the convenience and benefit of the employee is temporarily transferred to another job classification instead of being laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties off due to circumstances beyond his/her lack of work, breakdown of machinery or other like cause, shall be paid while so employed as follows: If the Corporationrate of pay in the job classification to which is transferred is less than employee’sregular pay, shall receive the lower rate paid in the job classification to which is transferred. If the rate of pay in the job classification to which is transferred is higher than the employee’s controlregular pay shall receive such higher rate provided displays efficiency, skill and ability equal to that of the employees in the job classificationto which is transferred; and until such time as displays such efficiency, skill or ability, shall con- tinue to receive own regular rate. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping process.DURATION OF TRANSFERS

Appears in 1 contract

Samples: Agreement

Layoff and Recall. In cases A layoff shall be defined as a reduction in the workforce or a reduction in the regular hours of layoff work of an employee. Ten month employees who are laid off during July and recall from August will not be eligible to bump twelve (12) month employees during July and August. Both parties recognize that job security shall increase in proportion to length of service. Therefore, in the event of a layoff, seniority shall govern, an employee about to be laid off may bump a less senior employee in an equal or lesser classification providing that the remaining employees have employee exercising the qualifications right is qualified and able to perform the work availableof the less senior employee. It is understood An employee receiving notice of layoff must indicate in writing within five (5) working days (inclusive of July and August and exclusive of shutdown) that probationary employees shall wishes to accept the layoff or bump another employee and name the employee to be first laid offbumped. Unless legislation is more favourable to the employees, the Corporation shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior to the effective date of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days' notice of layoff shall be given. Should it not be possible to provide work during the thirty (30) days, they the laid off shall be paid their regular rate of pay for the days they would normally have worked during the thirty (30) calendar days. Should a position become vacant or a new position be created while an employee is on which layoff, the employer will post the initial and one subsequent vacancy through the normal job posting procedure. The second vacancy that arises due to the filling of the initial vacancy will be subject to recall. New employees shall not be hired until laid off employees have been given an opportunity of recall. This does not prevent the employer from adding to the list of temporary employees. Employees qualifying for recall shall be recalled in order of their seniority (at the time of layoff) provided they have the qualifications and ability to perform the work was not made available. Employees receiving notice When an employee is offered reasonable recall to an equivalent permanent position, the employee's name shall be removed from the recall list. The employee will not have any further opportunity for recall but is able to apply for posted vacancies during the twenty-four (24) months following layoff. Notification of layoff may accept recall to work shall be by priority post to the layofflast known address of the employee that has been filed with Human Resources Services by the employee. It shall be the duty of the employee to notify the Board promptly of any change of address. If the employee should fail to do so, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified Board shall not be responsible for failure of official notices to perform. No employee shall bump into or be placed into a position that is a higher level than reach the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s controlemployee. Employees who have been laid off from their jobs and have are not accepted alternative offered permanent employment with the City of Xxxxxxx positions will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee remain on layoff is capable for up to twenty-four (24) consecutive months. After twenty-four (24) consecutive months of layoff, seniority and qualified to performall other rights shall cease and employment shall be considered terminated. Employees being recalled to work from Positions While on Layoff positions that become available while are on layoff will be offered to qualified laid off employees. The employer shall make all reasonable efforts to assign temporary positions in order of seniority. Acceptance of a position vacancies while on layoff will not affect the permanent status of the or rights pursuant to the layoff and recall article of the collective agreement. Laid off will accumulate seniority while working as a employee and will receive the wage rate of the permanent position. The employee will also receive vacation pay as a percentage of earnings in accordance with the collective agreement but will receive holiday pay as per the Employment Standards Act. Any Grievance concerning layoff and recall shall be initiated at Step of the Grievance Procedure. Employees are laid off during the months of July and August and have an expected date of return in September, shall be provided with continued benefit coverage as described in this Collective Agreement. Subject to eligibility requirementsas specified by the carriers, employees on lay- off and eligible for recall, shall be entitled to continued participation in the group extended health, dental benefit and life insurance plans to which they are qualified belongs at the same or lower level time of layoff for a maximum of up to two (2) years from date of layoff. Such employee must pay of the position they were premium costs by debit. Laid off employees engaged in alternate employment who are recalled shall be permitted to give their current employer weeks notice of termination to accept the recall. The Union Executive Members will still be recognized by the Employer even when laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping process.

Appears in 1 contract

Samples: The Agreement

Layoff and Recall. In cases When it becomes necessary to reduce the working force of layoff and recall from layoffemployees, seniority shall governwill prevail so long as it does not prevent the Company from maintaining a working force of employees who possess the skill, providing the remaining employees have the qualifications ability, and physical fitness to capably perform the work availablewhich is available and are willing to do such work at the scheduled rate for the job. It In such cases where an employee with seniority accepts a lower rated job rather than be laid off, his regular rate will be protected for a period of thirty working days. Short time operations is understood that probationary employees not considered layoff for purposes of this article. Short time operation shall be first laid offdefined as any day of work of less than 8 hours. Unless legislation A more senior employee may choose to take a layoff instead of a employee, if the senior employee so requests. The agreement to go out of seniority by this employee must be by mutual agreement between the Company and the employee. The employee shall have normal recall rights but may not bump another employee even if the layoff is more favourable to the employees, the Corporation extended. The Company shall notify the Union and those employees affected by any layoff, of such layoff, at least 5 working days in advance of such layoff or pay to those employees an amount in lieu thereof. This section shall not apply to layoffs of less than 5 working days duration. Laid off personnel will be recalled from layoff on the employees who are basis of seniority provided those recalled possess the skill, ability, experience and physical fitness to be laid off thirty (30) calendar days prior to capably perform the effective date of any layoff work which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort Recall will be made by telephone and if this means is unsuccessful, the employee will be advised by telegram or registered letter at the last address he made known to find alternative work for any the Company. An employee with three or more year's seniority who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period in excess of one year twenty-four months or an employee with less than three years' seniority, who is laid off for the lesser of twelve months or a period equal to his seniority of an employee who fails to report from lay off when recalled, will have his seniority standing cancelled and his name removed from the date employment records of their layoffthe Company. No new It is the responsibility of the employee will be hired to perform work that an employee on layoff is capable keep the Company informed at all times as to his current address and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processnearest telephone number.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. In cases of layoff and recall from layoffWhere the Gallery determines that it is necessary to reduce the work force, the with the least seniority shall govern, providing will be laid off provided the remaining employees have the qualifications qualifications, ability, communicative skills and physical capacity to perform the work, as assessed by the Gallery, which assessment shall not be arbitrary, discriminatory or made in bad faith. Subject to Article a full-time Protection Services Officer shall not be laid off where there Protection Services work availablebeing performed at the Gallery by persons covered by the part-time agreement. It Subject to the provisions of Article where the Gallery determines that it is understood that probationary employees necessary to recall Officers, recalls shall be first laid offmade in order of seniority. Unless legislation is more favourable Notice of recall to a person shall be xxxx and sufficient if sent by registered mail by the Gallery to the last address the person has communicated in writing to the Gallery. The date of sending of such notice shall be deemed to be the date the employee receives such notice. The Gallery will inform the Union of notice of recall. The recalled employeemust notify the Gallery of intention to return to work within five (5) days of the date of recall notice; and must return to work within ten days of recall notice. Where the Gallery decides to lay off employees, the Corporation Gallery shall notify consult the Union before the affected employees are notified pursuant to Article The Gallery and the employees who Union shall discuss the for the layoff, possible alternative actions to avoid or minimize the scope of the layoff and the positions individuals to be declared redundant. Where an employee with seniority is to be temporarily laid off, the Gallery will provide a minimum of ten (10) working days notice in writing unless the circumstances for the layoff are deemed by the Gallery to be beyond its control. Further, should the layoff be expected to be in excess of six weeks but less than thirteen weeks, an employee with seniority may elect to take up to five (5) days of the ten (10) days written notice period as pay in lieu of notice in order to seek other employment. Where an employee with seniority is to be laid off thirty (30) calendar or in any event for more than weeks, the Gallery will provide minimum written notice as follows: Number of Written Notice Employees with two or more years of service may elect to take up to ten paid working days during the notice period to actively seek alternate employment through interviews, written or telephone applications. Time off must be mutually agreed upon by the employee and their supervisor. Any unused paid time off may also be taken immediately prior to the effective date termination of the notice period. Alternatively, an employee with two (2) or more years of service may elect to take up to ten (10) days in lieu of notice immediately prior to the termination of the notice period. Employees twenty (20) or xxxx days written notice must provide two weeks notice of their intent to elect this option. It is understoodthat any pay in lieu of notice or paid time off shall form part of the written notice period. The Gallery will endeavour in all circumstances of layoff which is expected to exceed fifteen (15) working daysprovide additional written notice where possible. Severance pay will be provided in accordancewith the Employment Standards Act. An employee may choose between recall rights and receiving severancepay. If employees have not had the opportunity employee chooses to work their regular scheduled work days during the said thirty (30) calendar daysretain recall rights, they shall severance pay will be paid for to the days on which work was not made availableDirector of Employment Standards. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort The severance pay will be made to find alternative work for any employee who is prevented from carrying paid out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept when recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processrights expire.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. In cases of layoff and recall from layoffWhen it becomes necessary to reduce the work force, the least senior employee in the affected work classification will be offered the opportunity to displace the least senior person in another classification for which he is qualified on the seniority shall govern, providing the remaining list. Where two (2) or more employees have the same seniority (starting) date, then the employee(s) IDMax date shall govern. If this is equal then layoff order shall be determined by random draw. There is a presumption that the senior employee has the ability and qualifications to perform the work availableof the classification for which he is exercising his seniority rights. It In the event that such senior employee is understood not qualified to perform the work of the classification, he shall bump into another classification that probationary he is qualified for. Incumbent employees who have demonstrated an ability to perform the work of a particular classification will be allowed to bump into that position on a ninety (90) day trial period even though they do not meet the strict requirements of that classification. The employee must demonstrate the ability and qualifications for the work within 90 days, and if not, the employee will continue to be processed through the layoff procedure. In the event that there are not positions for which the employee is qualified to exercise his seniority rights, the employee will continue to proceed through the layoff procedure. In the event of recall, the laid off employees shall be first laid off. Unless legislation is more favourable given notice of recall by telegram, registered or certified mail, sent to the employees, address last given the Corporation shall notify Employer by the Union and the employees who are to be laid off thirty employee. Within three (303) calendar days prior to after tender of delivery of the effective date Employer’s notice at such address, the employee must notify the Employer by telegram, registered or certified mail of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due intent to circumstances beyond his/her or return to work and must actually report to work within seven (7) calendar days after date of tender of delivery of the Corporation’s controlrecall notice, unless it is mutually agreed that the employee need not return to work within such seven (7) calendar day period. Employees who have been laid off from their jobs and have not accepted alternative permanent employment In the event the employee fails to comply with the City of Xxxxxxx will have above provisions, he/she shall lose all seniority rights under this Agreement, and shall be considered as a voluntary quit. Notwithstanding the right to recall to above in the position from which they were laid off or displaced for event a period of one year from the date of their layoff. No new employee will be hired to perform work that an regular employee on layoff is capable and qualified to perform. Employees being recalled accepts a recall to work from layoff will by telephone and actually returns to work when called, it shall not be offered position vacancies for which they are qualified at the same necessary that he/she be notified by telegram or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processmail.

Appears in 1 contract

Samples: Agreement

Layoff and Recall. In cases On or before January 1 of layoff each year, the Village shall prepare and recall from layoff, forward to the Labor Council a list setting forth the seniority shall govern, providing the remaining dates for all employees have the qualifications to perform the work availablecovered by this Agreement. It is understood that probationary employees Officers shall be first laid off. Unless legislation is more favourable to the employees, the Corporation shall notify the Union and the employees who are to be laid off given thirty (30) calendar days prior to days' written notice of a reduction in force. In the effective date event of any layoff which is expected to exceed fifteen (15) working days. If employees have not had a reduction in force, seniority shall prevail and the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they officers so reduced in rank or laid off shall be paid for considered furloughed without pay from the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position positions from which they were laid off reduced or displaced for removed. Such reductions and removals shall be in strict compliance with seniority as set forth below and in no event shall any officer be reduced more than one rank in a period reduction in force. Officers with the least seniority in the position to be reduced shall be reduced to the next lower rated position. For purposes of one year determining which officers will be reduced in rank, seniority shall be determined by adding the time spent at the rank or position from which the officer is to be reduced and the time spent at any higher rank or position in the Department. For purposes of determining which officers in the lowest rank or position shall be removed from the date Department in the event of their a layoff. No new employee will , length of service in the Department shall be hired to perform work that an employee on layoff is capable the basis for determining seniority, with the least senior such officer being the first so removed and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will Such officers laid off shall have their names placed on a reemployment list in the reverse order of dates of layoff. Officers shall remain on the reemployment list for twelve (12) months. If any positions which have been vacated because of reduction in forces or displacement and abolition of positions are reinstated, such officers as are furloughed from the said positions shall be notified by registered mail of such reinstatement of positions and shall have prior right to such positions if otherwise qualified, and in all cases seniority shall prevail. Written application for such reinstated position must be made by the furloughed person within 30 days after notification as above provided and such person may be required to accept recall submit to a position at examination by physicians of both the same level from which they were laid off provided that they are fully qualified for the position. In all cases board of layoff the Corporation fire and police commissioners and the Union will enter into discussions appropriate pension board to find an appropriate placement solution for any laid off employees prior to going through the bumping processdetermine his physical fitness.

Appears in 1 contract

Samples: Agreement

Layoff and Recall. In cases If the Town finds it necessary to lay off employees, the procedure set forth in this Article will apply. The Union will be notified, whenever possible, four (4) weeks in advance of any layoff and, insofar as practicable, of the number, names, and recall from layoffpositions of those employees who are affected. If layoff is necessary, seniority shall govern, providing the remaining employees have the qualifications to perform the work available. It is understood that probationary employees shall be first laid offoff in the inverse order of seniority for their position status. Unless legislation The Town shall not be required to layoff an employee assigned as Lead Dispatcher before other dispatchers. If an employee who is more favourable to the employees, the Corporation shall notify the Union and the employees who are scheduled to be laid off thirty has higher seniority than an employee in a lower level position, he/she may “bump” or displace the employee with the lowest seniority in the next lower level within the bargaining unit. In no event will an employee be “bumped” by another employee from a lower level position within the bargaining unit. Employees who, by exercising their “bumping” option, move into a lower level position within the bargaining unit will be compensated at the same hourly pay rate if it is within the salary range of their assumed position. If the employee’s compensation was greater than the top of the assumed position’s range, (30s)he will be compensated at an hourly rate equal to the top of that pay range. When the Union has been notified of a lay off as outlined in this Article, it will notify the Town within seven (7) calendar days prior of all affected employees’ intentions on whether to exercise their “bumping” option. Before hiring into any permanent job in the effective date of bargaining unit, the Town will offer re- employment to any layoff which is expected to exceed fifteen (15) working days. If former employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with that position within the City of Xxxxxxx will have last one (1) year, in the right to recall to the position from inverse order in which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they said employees were laid off. Employees will There shall be required no obligation to accept recall offer re-employment to a position at the same level from which they were any employee who has been laid off provided that they are fully qualified more than one (1) year or who has refused re-employment on one (1) occasion, whichever occurs sooner. The offer of re-employment shall be sufficient if made by certified letter addressed to the laid off employee at his or her last known address as shown by the records of the Town Human Resources Department. Any such laid off employee must respond to the offer within one (1) week and be available for re-employment within four (4) weeks after the date of the offer; otherwise the laid off employee shall be deemed to have refused re- employment and the Town’s obligation under this Article is satisfied. An employee recalled within two (2) years of his or her date of lay off will return to his or her former classification with service, for the position. In all cases purposes of layoff vacation accrual and longevity pay, accrued up to the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processtime of lay off.

Appears in 1 contract

Samples: Agreement

Layoff and Recall. (a) When it is necessary to lay off employees, or to recall employees who have been off, the employees to be laid off or recalled shall be selected on the basis of seniority providing the senior employee has previously qualified on the job in the plant or can perform the work available satisfactorily without training. In cases of layoff the event that all jobs that require no training are filled by senior employees and recall from layofffurther layoffs are required which involve skilled jobs, seniority shall governa senior employee may have only one opportunity to supplant any employee, providing such employee i s able to attain the remaining required skills of that job within a ten (10) day training period. As between two employees have the qualifications who are fully competent to perform the work available. It is understood that probationary employees available seniority shall govern the The rate paid for the job chosen by the employee exercising this right to supplant shall be first laid off. Unless legislation is more favourable the rate of the job, as listed in Schedule A, subject to the employeesprovisions of Notice of layoff or compensation in lieu thereof shall be in compliance with Government Legislation. Notice of recall sent to the employee’s recorded address and such employee shall have a maximum of five (5) working days in which to report for work. Seniority shall accrue during layoff. Each member of the Bargaining and Grievance Committee and Stewards, be retained in employment without regard to seniority so long as there is work available that they are competent and willing to perform. Such work shall not be higher rated than their regular work except by mutual agreement of the Corporation parties hereto. Should an employee cease to be a member of the Bargaining and Grievance Committee or a Xxxxxxx while a layoff is in effect, such employee shall notify be dealt with under the Union normal layoff and recall procedures when the next layoff occurs. During periods of plant shutdown, when there is a staggered phase-down and phase-up of work, rights as described in clauses (a) and above w i l l not apply to supplant employees who are working on their regular assignments during these phase-down and phase-up periods. The schedule and duration of a plant shutdown w i l l be posted by the Company, after discussion with the Union. (By way of example: the first department out is the first department back and so on, in sequence.) The Union Chairperson or designate shall be present when an employee i s advised of lay- off pursuant to be Article If the advice of lay- off i s provided in writing by mail, the Chairperson shall receive a copy of the advice on the day it is mailed. The Company shall provide the Union office with a list of the names of employees laid off thirty (30) calendar days prior to the effective date of any layoff which is expected to exceed within fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid lay- off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping process.

Appears in 1 contract

Samples: negotech.labour.gc.ca

Layoff and Recall. In cases the event of a layoff and recall from layoff, seniority shall govern, providing the remaining employees have the qualifications to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation is more favourable to the employeesof a permanent or seasonal employee within a group, the Corporation Employer will advise the employee as soon as is practicable after the decision to lay off is made, and in any event shall notify give the Union and the employees who are to be laid off employee at least thirty (30) calendar days prior notice in writing that he is going to be laid off, and such notice shall include the effective date of any layoff which is expected to exceed fifteen (15) working daysthe layoff. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar daysdays written notice are not provided, they the employer will pay weeks salary in lieu of wages to the affected employee. Within the specified term, Group Employees subject to layoff shall be paid for given fourteen (14) calendar days' written notice or one weeks salary in lieu of notice. In the days on which work was not made availableevent of layoffs subject to section group seniority shall be exercised prior to overall bargaining unit seniority being recognized. Employees receiving notice The principle of layoff last employee on, first employee off shall prevail. Subject to section and section if layoffs occur, providing a senior employee is capable of performing another job within the bargaining unit, he may accept the layoff, bump the most junior employee in their level exercise his seniority rights and take such job. A laid off permanent or below or accept placement in a vacant position that they are fully qualified to perform. No seasonal employee shall bump into retain his seniority and right to recall within the bargaining unit for twelve (12) months after the last date of layoff. A laid off Temporary Employee shall retain his seniority and right to recall within the bargaining unit for a period matching their period of employment, or months, whichever is greater, not to exceed months after the last date of layoff. Should two or more employees have the same date of Collective Agreement hire, the employer shall rank the employees by merit and the employee having the lowest merit shall be placed into a position that is a higher level than the position from which they have been first laid off. Every effort will Merit shall be made based on documents in the employee’s personnel file relevant to find alternative work for any employee who is prevented from carrying out his/her normal job performance at the date of layoff relevant to the employee’s duties due and responsibilities. Subject to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have section during the right to recall period, the Employer shall offer available casual, temporary or permanent employment to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any qualified, laid off employees prior within the bargaining unit according to going through the bumping processtheir seniority. The principle of last employee off, first employee on shall prevail.

Appears in 1 contract

Samples: Agreement

Layoff and Recall. (a) In cases the event of layoff and recall from layoff, the Hospital shall lay off employees in the reverse order of their seniority shall governwithin their classification, providing that there remain on the remaining job employees who then have the qualifications ability to perform the work availablework. It An employee who is understood that probationary employees subject to layoff shall have the right to either: accept the layoff; or displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be first laid off. Unless legislation is more favourable Note An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the employees, the Corporation shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior to employee is within of the effective date of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment employee's straight time hourly wage rate. In the event that there are no employees with the City of Xxxxxxx lesser seniority in lower or identical paying classifications as defined in this Article, a laid off employee will have the right to recall displace an employee with lesser seniority, who is the least senior employee in a classification where the straight time hourly rate at the level of service corresponding to that of the position from which they were laid off or employee is within of the laid off employee's straight time hourly rate provided he can perform the duties without training other than orientation. Such employee so displaced for a period of one year from the date of their layoff. No new employee will shall be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. The decision of the employee to choose (a) or above shall be given in writing to the designated Hospital representative within ten working days (excluding Saturday, Sunday and Holidays) following the notification layoff. Employees failing to do so will be required deemed to accept have accepted layoff An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he has the ability to perform the work before such opening is filled on a position at regular basis under a job posting procedure. The posting procedure in the same level from which they were laid off provided that they are fully qualified collective agreement shall not apply until the recall process has been completed. In determining the ability of an employee to perform the work for the position. In all cases purposes of layoff the Corporation and paragraphs above, the Union will enter into discussions to find Hospital shall not act an appropriate placement solution for any laid off employees prior to going through the bumping processarbitrary or unfair manner.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. In cases the event of layoff lay-off of part-time employees, the Hospital shall lay-off employees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An Employee who subject to lay-off shall have the right to either: accept the lay-off; or displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit the employee originally subject to lay-off can perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be laid off. For purposes of the operation of clause an identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee within of the laid off employee's straight time hourly wage rate. A part-time employee shall have opportunity of recall from layoffa lay-off to an available opening, seniority in order of seniority, provided he has the ability to the work before such opening filled on a regular basis under a job posting procedure. The posting procedure the collective agreement shall governnot apply until the recall process has been completed. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, providing the remaining employees Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification for which he was laid off shall have the qualifications privilege of returning to the position he held prior to the lay-off should it become vacant within six ( 6 ) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, accordance with the loss of seniority provision, or have been found unable to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation is more favourable to the employees, the Corporation The Hospital shall notify the Union employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee eligible to be recalled and the employees who date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on lay-off shall be given preference for temporary vacancies which are to be laid off thirty (30) calendar days prior to the effective date of any layoff which is expected to exceed fifteen ten (1510) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any An employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have has been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will such temporary vacancy shall not be required to accept such recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processmay instead remain on lay-off.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. In cases There shall be at least months notice to the Union in the event of a proposed layoff of a permanent or long-term nature or in the event of a substantial bed cutback which affects or could affect the bargaining unit, unless the notice of reduced funding from the Ministry to the Home is given less than months from the end of the fiscal year, in which case the number of months notice required shall be that number of months from the end of the fiscal year that the notice from the Ministry was received but in no case shall be less than months. the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with weeks notice for each year of service to a maximum of weeks, provided that the employee has more than months service. Employees with less than months service will be entitled to notice in accordance with the provisions of the Employment Standards Act. A copy of any notice of layoff to an employee will be provided to the Union at the same time. In the event of a layoff, the Home shall layoff employees in the reverse order of their seniority within their classification in the respective bargaining unit i.e., full-time or part-time, providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject to layoff shall have the right to either: accept the layoff, or displace an employee who has less bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to the layoff can perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be laid off subject to the layoff procedure. A full time employee may displace a part time employee and vice versa, given reasonable orientation. Note an identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in lower or identical paying classifications as defined in this Article, a laid off employee will have the right to displace an employee with less seniority, who is the least senior employee in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly rated provided he can perform the duties without training other than orientation. Such employee so displaced shall be laid off subject to the layoff procedure. An employee shall have opportunity of recall from layoffa layoff to an available opening, seniority in order of seniority, provided possesses the qualification and ability to perform the work before such opening is filled on a regular basis under the job posting procedure. The posting procedure shall governnot apply until the recall process has been completed. In determining the qualification and ability of an employee to perform the work for the purposes of the paragraphs above, providing the remaining employees Home shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which was laid off shall have the qualifications privilege of returning to the position held within two years of having been recalled. No new employee shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provisions, or have been found unable to perform the work available. It is understood that probationary employees Employees on layoff or notice of layoff shall be first laid offgiven preference for temporary vacancies which are expected to exceed working days. Unless legislation is more favourable An employee who has been recalled to the employees, the Corporation such temporary vacancy shall notify the Union not be required to accept such recall and the employees who are to may instead remain on layoff. No full-time employee shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the layoff commenced In the event of layoff of a full-time employee, the Home shall pay its share of insured benefits premiums up to months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere, whichever comes first. Seniority lists will be posted on the official Union Bulletin Board in the Home and a copy of the Seniority List will be supplied to the Union Office and the Chairs of the Union. The Seniority List will be posted and revised semi-annually on or before January and July of each year according to the records of the Home. Seniority as posted will be deemed to be final and binding and not subject to complaint unless such complaint is made within thirty (30) calendar days prior from the first date of current posting. An employee shall lose all seniority and shall be deemed to have quit the employ of the Home after is discharged for cause and the discharge is not revoked through the Grievance Procedure; tenders resignation in writing or quits the employ of the Employer; fails to report for work within days after being notified by the Employer following a lay off or fails to advise the Employer within five (5) days (exclusive of Saturdays, Sundays or paid holidays) of intention to report for work, pursuant to notification by registered mail addressed to the effective last address on record with the Home. The notification shall state the job to which the employee is eligible to be recalled and the date of any layoff and time at which the employee shall report to work. The employee is expected to exceed fifteen (15) working days. If employees have not had solely responsible for proper address being on record with the opportunity to work their regular Home; is absent for five consecutive regularly scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving shifts without providing proper notice of layoff may accept a reason satisfactory to the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to performEmployer. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any Any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her terminated in accordance with this provision will be advised by registered mail or the Corporation’s control. Employees who have been laid off from their jobs equivalent and have not accepted alternative permanent employment with the City a copy of Xxxxxxx this notice will have the right to recall be sent to the position from which they were laid off or displaced for a period Chairperson of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified Bargaining Unit at the same time. is laid off continuously for months or lower level from longer. Where a Full-time employee transfers to the position they were laid off. Employees Part-time unit, or vice versa, in the same job classification, there will be required to accept recall to a position no trial period. The employee will transfer at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processcurrent wage rate.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. In cases A layoff shall be as a reduction in the workforce or a reduction in the regular hours of work of an employee. Ten month employees who are off during and August will be eligible to bump twelve (12) month employees during July and August. Both parties-recognize that job shall increase in to length of Therefore, in the event of a layoff, an employee about to be lard off may a less senior employee in an or that the employee exercising the right is and able to perform the work of the less senior employee. An employee receiving layoff must in writing within five (5) working days of July and August and exclusive of shutdown) that wishes to the layoff or bump another employee and name the employee to bumped. by: 277; 05/14/01 9/32 Unless is more favourable to the thirty (30)calendar' days' notice of layoff and recall from shall be given. Should it not be passible to provide work' during the thirty days, the laid off shall paid their regular rate pay for the days they would have worked during the thirty calendar days, Should a position become a new position be created while an employee is OR layoff, seniority the Employer will post the position through the job posting procedure. The vacancy that arises due to the filling of the will be subject to recall. New employees shall govern, providing the remaining not be hired until laid off employees have been given an opportunity of This does not prevent the qualifications employer from adding to the list of temporary employees. Employees qualifying for recall shall be in order of their seniority (at the time of layoff) provided they have the and ability to perform the work available. an employee is offered recall to an equivalent permanent position, the employee's shall be removed from the layoff Distance will be considered in determining equivalency of position. It is understood that probationary employees on layoffwill be all recalls equivalent permanent positions. The issue of distance will be considered in determining whether an employee reasonably decline the position and maintain a position the recall list. Notification of recall to work shall be first laid off. Unless legislation is more favourable by priority to the employeeslast known address of the employee has been filed with Human Resources Services by the employee. It shall be the duty of the employee to notify the Board promptly of any change of address. If the employee fail so, the Corporation Board shall notify the Union and the employees who are to not be laid off thirty (30) calendar days prior responsible for failure of notices to the effective date of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s controlemployee. Employees who have been are not offered permanent positions Will on layoff for up to twenty-four (24) months. twenty-four (24) consecutive months layoff, and all other rights shall cease and employment shall be terminated. Positions while on Layoff positions that available while are on will offered to qualified laid off from their jobs The employer shall all reasonable efforts assign temporary positions in order of seniority. of a position on not the permanent status ofthe or rights pursuant to the and recall the agreement. Laid will accumulate seniority working as a employee and will receive the wage rate of the permanent position. by: 277; 05/14/01 Any Grievance layoff and recall shall be initiated at Step of the Grievance Procedure. Employees who are laid off during the months of July and August and have an expected date of return in September, shall be provided with continued benefit coverage as in this Collective Agreement. Subject to as specified by the carriers, employees on lay- off and eligible for recall, shall be entitled to continued the group extended health, dental benefit and life insurance plans to which belongs at the time of layoff for maximum of up to years from date of layoff. Such employee must pay of the premium costs by debit. Laid off employees engaged in alternate employment who are shall be permitted to give their employer reasonable notice of termination to accept the ARTICLE The Union recognizes that it is the right the employer to exercise the generally recognized regular and customary of and to direct its working forces. The employer agrees not accepted alternative permanent employment exercise these functions in a manner inconsistent with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processcollective agreement.

Appears in 1 contract

Samples: The Agreement

Layoff and Recall. In cases of layoff and recall from layoffexpected to exceed a period of seven weeks, the following provisions shall apply; All probationary employees in the affected Department shall first be laid off provided the remaining employees are qualified to perform the available work; Employees in the affected Department shall next be displaced in reverse order of seniority shall govern, (as defined in providing the remaining employees have the qualifications are qualified to perform the work availableavailable work; Displaced employees in the affected Department shall be entitled to apply for any current job vacancy in the Company in order of seniority, and the senior applicant shall receive the job provided he/she is qualified. It is understood that probationary such employees will be given this opportunity before such vacancies are filled under the job posting procedure. If a displaced employee does not apply for any current job vacancy in the Company, or if in the opinion of the Company he/she is not qualified to the function, Such shall be first laid offassigned to displace the most junior employee working on the job functions which the displaced employee was last permanently transferred from, provided he/she is senior to such employee. Unless legislation is more favourable Failing the right to displace under the employees, employee shall displace the Corporation shall notify the Union and most junior of the employees who in the plant provided they are qualified to be laid off thirty (30) calendar days prior perform such work and they are senior to such employee. Failing the effective date right to displace an employee under the employee shall displace the most junior of any layoff which is expected the employees in the Company provided they are qualified to exceed fifteen (15) working daysperform such work and they are senior to such employee. If employees have not had Failing the opportunity right to work their regular scheduled work days during displace an employee under the said thirty (30) calendar days, they employee shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump displace the most junior employee in their level or below or accept placement in the Company on a vacant position that job they are fully qualified to performperform provided they are senior to such employee. No An employee displaced under the above process shall bump into be assigned in accordance with or , and The next employee so displaced shall be placed into a position that is a higher level than the position from which they have been laid off. Every effort will It is understood that the above procedure is to be made applied as two different groups, one being time employees and the other being part time employees. Employees shall be offered displacement within their groups. Appendix A sets out the current department structure for the purposes of lay off and does not prohibit the company from adding to find alternative or deleting from the existing department structure. It is understood that transferring an employee from one shift to another shift does not constitute a layoff. Any employees so displaced shall then be laid off from work for any subject to retaining recall rights. Where an employee who is prevented has been displaced from carrying out his/her normal duties due to circumstances beyond job but not laid off from work hereunder and a permanent vacancy occurs in his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City job within three calendar months of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoffhis/her displacement, he/she shall be given the opportunity to return to his/her former job before it is posted unless, during such three month period, he/she has successfully bid on another job. No new An employee will shall be hired entitled to recall in order of seniority to suitable permanent vacancies in either Plant, providing he/she is qualified and willing to perform work such job and providing he/she has recall rights. It is understood that an employee employees on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position given the opportunity for recall before such permanent job vacancies for which they are qualified at filled under the same or lower level from job posting procedure. An employee who declines recall in accordance with the position they were laid offforegoing provision shall be advised that he/she has waived any further recall rights, and shall be considered as having voluntarily quit. Employees will be required to accept Notwithstanding the foregoing, a part time employee may decline recall to a position full time vacancy and a full time employee may decline recall to a part time vacancy. In either case they shall not be deemed to have waived any further recall rights. Any employee recalled in accordance with the foregoing provisions to a job other than job he/she held at the same level from which they were laid off provided that they are fully qualified for time of his/her layoff shall, during the position. In all cases of layoff three month period immediately following recall, be given the Corporation and the Union will enter into discussions opportunity to find an appropriate placement solution for any laid off employees prior return to going through the bumping processhis/her former job before it is posted unless during such three month period he/she has successfully bid on another job.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. In cases A layoff shall be defined as a reduction in the workforce or a reduction in the regular hours of layoff work of an employee. Ten month employees who are laid off during July and recall from August will not be eligible to bump twelve (12) month employees during July and August. Both parties recognize that job security shall increase in proportion to length of service. Therefore, in the event of a layoff, seniority shall govern, an employee about to be laid off may bump a less senior employee in an equal or lesser classification providing that the remaining employees have employee exercising the qualifications right is qualified and able to perform the work availableof the less senior employee. It is understood An employee receiving notice of layoff must indicate in writing within five (5) working days (inclusive of July and August and exclusive of shutdown) that probationary employees shall wishes to accept the layoff or bump another employee and name the employee to be first laid offbumped. Unless legislation is more favourable to the employees, the Corporation shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior to the effective date of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days' notice of layoff shall be given. Should it not be possible to provide work during the thirty (30) days, they the laid off shall be paid their regular rate of pay for the days they would normally have worked during the thirty (30) calendar days. Should a position become vacant or a new position be created while an employee is on which layoff, the Employer will post the position through the normaljob posting procedure. The vacancy that arises due to the filling of the initial vacancy will be subject to recall. New employees shall not be hired until laid off employees have been given an opportunity of recall. This does not prevent the employer from adding to the list of temporary employees. Employees for recall shall be recalled in order of their seniority (at the time of layoff) provided they have the qualifications and to perform the work was not made available. Employees receiving notice When an employee is offered reasonable recall to an equivalent permanent position, the employee's name shall be removed from the recall list. The employee will not have any further opportunity for recall but is able to apply for posted vacancies during the twenty-four (24) months following layoff. Notification of layoff may accept recall to work shall be by priority post to the layofflast known address of the employee that has been tiled with Human Resources Services by the employee. It shall be the duty of the employee to the Board promptly of any change of address. If the employee should fail to do so, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified Board shall not be responsible for failure of official notices to perform. No employee shall bump into or be placed into a position that is a higher level than reach the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s controlemployee. Employees who have been laid off from their jobs and have are not accepted alternative offered permanent employment with the City of Xxxxxxx positions will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee remain on layoff is capable for up to twenty-four (24) consecutive months. After twenty-four (24) consecutive months of layoff, seniority and qualified to performall other rights shall cease and employment shall be considered terminated. Employees being recalled to work from Positions While on Layoff positions that become available while are on layoff will be offered to qualified laid off employees. The employer shall make all reasonable efforts to assign temporary positions in order of seniority. Acceptance of a position vacancies while on layoff will not affect the permanent status of the or rights pursuant to the layoff and recall article of the collective agreement. Laid off will accumulate seniority while working as a employee and will receive the wage rate of the permanent position. The employee will also receive vacation pay as a percentage of earnings in accordance with the collective agreement but will receive holiday pay as per the Employment Standards Act. Any Grievance concerning layoff and recall shall be initiated at Step of the Grievance Procedure. Employees who are laid off during the months of July and August and have an expected date of in September, shall be provided with continued benefit coverage as described in this Agreement. Subject to eligibility requirements as specified by the carriers, employees on lay- off and eligible for recall, shall be entitled to continued participation in the group extended health, dental benefit and lie insurance plans to which they are qualified belongs at the same or lower level of layoff for a maximum of up to two (2) years from date of layoff. Such employee must pay of the position they were premium costs by debt. Laid off employees engaged in alternate employment who are recalled shall be permitted to give their current employer reasonable notice of termination to accept the recall. The Union Executive Members will still be recognized by the Employer even when laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping process.

Appears in 1 contract

Samples: The Agreement

Layoff and Recall. In cases the case of layoff and recall from layoffor recall, seniority shall govern, providing govern so long as it does not prevent the remaining employees have the qualifications to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation is more favourable to the employees, the Corporation shall notify the Union and the Company from maintaining a working force of employees who are qualified to do the work which is available, at the rate of pay applicable to the job. Employees who are in their last progression period in a training program will not be treated as trainees for layoff purposes. Employees to be laid off thirty (30) calendar shall be notified by Management as far in advance of the layoff as is practicable. In any event, employees will receive no less than three days notice prior to a layoff. In the effective date case of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the a layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall non-skilled employees may bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies non- skilled job for which they are qualified at providing they have the same seniority to do so. In addition to the preceding section above and in the circumstances outlined herein, when five or lower level from more employees are being laid off in any given work week, the position they were Company will provide training prior to the actual layoff, to no more than two employees per department (for a maximum of nine employees per layoff) in the classifications as outlined below, of those who would have been laid offoff and who would not be qualified to bump into any other classification in the plant. Employees In order to be afforded this opportunity, the employees to be laid off must have the seniority to bump the two most junior incumbents in the classification for which the training will be provided. The training provided will be sufficient to qualify the employees to perform the requirements of the following classifications: Departments Classification Press End Wrapper Tin plate Sorter Can Assembly Bodymaker Feeder and/or Operator D&I Operator and/or General Labour. Maintenance Janitor but in any event such training will not extend beyond three work days, during which time the employee must acquire adequate skills and demonstrate the ability to perform the job requirements to the degree of proficiency required to accept recall to a position at of other employees in the same level from which they were laid off provided that they are fully qualified for job. Departments Can Line Quality Assurance Shipping and Receiving Press and Shearing Machine Shop, Electrical, Stores and Metal Closures Seniority An employee’s continuous service shall be considered as having been terminated and all service forfeited if the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping process.employee:

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. In cases If the Administration determines to reduce the number of employees in a seniority category recognized in Section 20, it shall give notice of any layoff and recall from layoff, seniority shall govern, providing the remaining employees have the qualifications to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation is more favourable to the employees, the Corporation shall notify the Union and the employees who are to be laid off affected employee(s) at least thirty (30) calendar days prior to in advance of the effective last date of any layoff which is expected to exceed fifteen (15) working daysemployment. If Such employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they who are laid off shall be paid for the days placed on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced list for a period of one (1) year from after the last date of their employment. In the event of a layoff. No new employee will be hired to perform work that , an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered whose position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall has been eliminated may return to a position at s/he previously held in another category and bump an employee in that category so long as the same level from which they were laid off provided that they are fully qualified for employee whose position has been eliminated has accumulated more seniority in continuous District employment (i.e., the aggregate of seniority held in all categories) than the employee currently holding the position. In all cases such event, the employee returning to his/her previous position shall be compensated at the greater of layoff the Corporation salary rate s/he last earned in the position or the rate earned by the employee currently holding the position. If a position becomes available and one or more persons are on the recall list, the administration shall recall such a person in the inverse order of his/her layoff, provided he/she is presently qualified to perform the work in the job classification to which he/she is recalled. The Administration shall not hire a new employee for an available bargaining unit position if there is a person on the recall list who is presently qualified to perform the work of such position. Qualifications will be determined solely by the Administration. Notice of a recall shall be delivered by certified mail or personal delivery with receipt to a person being recalled at the last address provided to the administration. Such person must notify the administration within ten (10) working days after the recall notice was mailed as to whether s/he will accept the recall. Failure to respond within such time limit or a rejection of the recall shall result in removal from the recall list and the Union will enter into discussions to find an appropriate placement solution for forfeiture of any laid off employees prior to going through the bumping processrecall rights.

Appears in 1 contract

Samples: Agreement

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Layoff and Recall. In cases Following notice to the union of layoff a position elimination or a position reduction, all permanent redeployment of staff shall be discussed by the parties. The Hospital and recall the Union shall consider the following options: All available vacancies, including vacancies created from layoffthe Early Retirement and/or Voluntary Exit canvassing, need not be posted The reallocation of hours amongst full-time and part-time staff and changes in work schedules resulting from the vacancies Offering staff by order of seniority shall governnew areas of work assignments, providing the remaining reallocation of hours and changes in work schedules keeping in mind employees have the qualifications must be able to perform the normal duties of the position with a regular orientation Take into consideration employees who volunteer to decrease their work available. It is understood hours in order to prevent a layoff Other operationally feasible alternatives Provided an employee can demonstrate that probationary employees shall be first laid off. Unless legislation is more favourable to they can perform the employeesduties of the position, without training, other than orientation as per Article 12.04 (1) (c) of the collective agreement, the Corporation shall notify the Union and the employees who are permanently impacted employee may elect: To be transferred to be laid off thirty (30) calendar days prior to the effective date of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to an available vacancy To voluntarily reduce their work hours or change their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any schedule To displace an employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at has less seniority in the same or lower level paid classification To clarify, the parties shall endeavour to use a vacancy resulting from early retirement and voluntary exit canvassing wherever possible to prevent a displacement or a layoff of another employee. If an employee who has hospital parking is transferred to another site as the position result of redeployment, the employer will endeavour to make the necessary arrangements to ensure they were laid offhave hospital parking at their new site. Employees ­­­­­­­­­­­­­­­­ NEW LETTER OF UNDERSTANDING Re: Model Scheduling Agreements – Voting Procedure Note: Voting for the purpose of Article 28 and Article 20.03 (e) (Extended Tours, Innovative/Flexible Schedule, and Self-Scheduling and Vacation) will be required conducted by consensus the process described below and within the affected workgroup recognizing any individual employee’s right to accept recall be grand-fathered under Article 17 (Hours of Work and Overtime) with the exception of a new employee who has posted into a workgroup/position with an existing flexible work arrangement (XXX/MOA) Employees whose schedule will be affected by the proposed schedule or vacation issue are eligible to a position at vote. An OPSEU Local Executive Committee member or area xxxxxxx will attend meetings to discuss the innovative or flexible scheduling, and to oversee the voting process and the counting of the ballots. Agreement of the proposed innovative agreement will require the support of two thirds of the ballots cast. If the vote is unsuccessful, employees will maintain the schedule in effect prior to the vote. After no less than one year, employees may request discontinuation and follow the same level from which they were laid off provided that they are fully qualified for voting procedure in order to continue a proposed change to the positionregular schedule or vacation issue. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping process.NEW

Appears in 1 contract

Samples: Collective Agreement Tentative Offer

Layoff and Recall. In cases When a layoff is necessary, the Company will give at least three (3) working days written notice of layoff such lay-off to the affected employees and recall from layoffthe Plant Chairperson, before posting up said notices, subject to unforeseen emergencies. Whenever it becomes necessary to decrease the working force, students will be the first laid off: if layoffs are necessary, probationary employees shall be laid off second: employees with the least amount of plant wide seniority shall governthen be laid off, providing the provided those remaining employees have the qualifications with more seniority are able and willing to perform do the work available. It An employee who has exhausted their seniority rights within their classification on all may elect to exercise their seniority rights and displace an employee with less seniority in another classification provided that the employee wishing to so displace a less senior employee is understood that probationary employees shall willing and able to perform the available work within the classification the employee wishes to enter. Employees so moving to another classification will be first laid offpaid the applicable rate of pay for the new classification. Unless legislation is more favourable In the event of a dispute regarding an employee’s ability to perform the employeesavailable work, the Corporation shall notify the Union and the employees who are to such employee will be laid off thirty given a five (30) calendar days prior to the effective date of any layoff which is expected to exceed fifteen (155) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid day trial for the days purpose of determining their ability. The Union Plant Committee will be retained in the employ of the Company during their respective terms of office, notwithstanding their position on the seniority list, so long as the Company has work available which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified able and willing to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment in accordance with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee above provisions will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled returned to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from in line of seniority in which they were laid off provided that they are fully qualified for able and willing to do the positionwork available. In all cases the event of any the Company will provide the Plant Chairperson with a list of employees to be laid off or recalled and any cancellation of such notices. Before any new employees are hired, seniority employees still laid off or transferred to lower paid jobs as a result of layoff shall be offered employment in order of their seniority standing, providing they have the Corporation skill and ability to do the Union will enter into discussions normal requirements of the job. When short term layoffs become necessary due to find an appropriate placement solution for any laid acts of God, unexpected disruption of supplies, mechanical or electrical problems, the Company may lay off employees prior within the classification affected for a period not to going through the bumping process.exceed three

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section In cases the case of temporary layoff due to material shortages, machinery breakdown, power failure, fire, flood or similar causes, employees may be laid off without regard to seniority. If after two days the laid off employees are not returned to work, the layoff shall be changed to a plant-wide basis as provided under Section Section When there is a temporary layoff, that is a reduction in force for a definite period of time for any reason not set forth in Sections and employees on each shift in each classification and in each department or such groupings of departments performing substantially similar work as may be agreed upon locally will be laid off as follows: Probationary employees will be laid off. Employees with less than one year of seniority will be laid off according to seniority. Employees with one year or more of seniority will be laid off in the inverse or descending order of their seniority with the most employee being laid off first, They will be advised of the expected duration of the layoff and recall from layoff, seniority shall govern, providing the remaining their scheduled return date. such employees have the qualifications may elect to remain at work and if able to perform the available work availablewill be permitted to do so in the same seniority order up to the number of employees required. It If the expected duration of the temporary layoff is understood subsequently extended to a later but definite date, employees laid off pursuant to Subsection above will be afforded the option of returning to work on the date originally scheduled or remaining on layoff for the duration of the extended period. An employee who to return on the originally scheduled date will displace the junior employee on the shift in the classification in the department. If it becomes necessary to recall employees laid off under Subsection above prior to the date originally planned, they will be recalled in the ascending order of their seniority with the most junior such employee on each shift in each classification in each department or group of departments being called first. If, after employees are tern laid off under Subsection . it is determined in a department or group of departments that the temporary layoff will be extended for an indefinite period of time, the work force in the department or group of departments including those employees on temporary layoff will be adjusted within ten working days in accordance with Section Section In the event of an indefinite reduction of work to be performed, probationary employees shall be laid off first and thereafter employees having the least seniority in the plant shall be laid off, provided those employees remaining are able and willing to satisfactorily perform the work to be done. Unless legislation is more favourable to the employeesHowever, the Corporation Company shall notify the Union and the employees who are not be required to be laid off thirty (30) calendar days prior promote an employee at time of layoff to the effective date of any layoff which is expected to exceed fifteen (15) working daysa higher paid classification. If there is an increase in force after a layoff, employees have not had the opportunity shall be recalled to work their regular scheduled work days during according to seniority provided they are able and willing to satisfactorily perform the said thirty (30) calendar daysavailable work. However, they the Company shall not be paid for required to promote an employee at time of recall. Section When reasonably practicable the days on which work was not made available. Employees receiving Company will give twenty-four hours’ notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processemployees.

Appears in 1 contract

Samples: Memorandum of Agreement

Layoff and Recall. In cases “Should it become necessary for the Employer to reduce the size of layoff and recall from layoff, seniority shall govern, providing the remaining employees have the qualifications to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation is more favourable to the employeesworkforce, the Corporation Employer shall notify the Union at the earliest possible opportunity but in no event less than fourteen (14) days prior to the layoff. Layoffs shall be by inverse order of seniority within each home county/operation by classification, beginning with probationary employees and followed by part-time employees. As positions become available, qualified employees shall have the right to be recalled within six (6) months from the date of layoff beginning with the most senior employee in the classification. Employees recalled to employment shall be sent a certified letter announcing such recall. Recalled employees who are fail to respond within fourteen (14) days from the date of the recall letter or refuse a recall to their former classification shall be laid off considered to have waived their recall rights. After six (6) months, employees who have not received written notice of recall may notify the Employer of their continued interest in reemployment. Such employees shall be given priority and reemployed as openings occur within their classifications for an additional six (6) months, beginning with the most senior employee within the classification. Employees recalled from layoff within six (6) months from the date of layoff shall be reinstated to a position in their former classification and shall have all benefit levels restored as if they had not left. Such employees will have health benefits restored effective the first day of the month immediately after the month in which they return to work. Employees recalled after six (6) months shall be reemployed but shall not have their benefits levels restored to their previous levels. Qualified employees shall have current and valid licenses and certifications or shall obtain them within thirty (30) calendar days prior to the effective date of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity A position will be held, up to work their regular scheduled work days during the said a maximum of thirty (30) calendar daysdays from the date the recall notice is mailed, they shall be paid for employees who are in the days on which work was not made availableprocess of obtaining current licenses and certifications. Employees receiving notice of layoff may accept The Employer will pay all hours required by the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work county for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s controlfield evaluations. Employees who have been notified in writing by the Employer that they will be laid off from their jobs and have not accepted alternative permanent employment may apply for an existing vacant position with the City Employer provided that they meet all required qualifications. Such employees will receive preference in the hiring process over non-employees provided they have notified the Employer in writing within seven (7) calendar days of Xxxxxxx will receipt of layoff notification. Employees who accept such a position shall be paid the rate of pay of the new classification and shall retain their position on the recall list until such recall rights have the right expired as provided in Section 11.5. C above or until recalled to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoffformer position, whichever comes first. No new employee will employee(s) shall be hired to perform work that an employee on layoff is capable and into a classification until such time as all qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processwhose recall rights have not expired for such classification have been recalled.

Appears in 1 contract

Samples: smcoemt.files.wordpress.com

Layoff and Recall. In cases When it becomes necessary to reduce the working force, the last employee on the center seniority list shall be laid off first and when the force is again increased, the employees shall be returned to work in the reverse order in which they were laid off, providing they still maintain seniority as described herein, and further providing the employees recalled at the time of layoff and recall from layoff, seniority shall govern, providing the remaining employees have the qualifications layoff must be qualified to perform the work availablerequired. It In a building where there are two or more package centers, the affected driver may displace the least senior driver in the building. Voluntary time off will be offered in seniority order in each center. The Employer agrees to give full-time seniority employees a seven (7) calendar day notice of intended layoff in writing with a copy to the Local Union. Agreed upon notices of layoff do not apply during a declared emergency. An emergency occurs where conditions beyond the Employer’s control compel interruptions or delays in operations caused by strikes, sleet or snow, ice or flood or similar catastrophe. One day unwritten notice is understood that probationary required for layoff of less than fourteen (14) days. The Company is obligated to give as much notice as possible. Except for employees who do not have a telephone, the Company is obligated where possible and as soon as possible, to attempt to notify employees when an emergency occurs beyond its control. Notice must be given before the employee’s regular starting time. The Company shall be first laid offdeemed to have fulfilled its obligation when an employee is called and does not answer the telephone. Unless legislation is more favourable In the event of an emergency, available work shall be performed in seniority order by employees normally assigned to that work and that starting time within the classification. Recall from layoff of over fourteen (14) days will be by certified mail to the employees, the Corporation shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior employee’s last known address with a copy to the effective date of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar daysLocal Union, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in after a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall telephone attempt to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to performemployee. Employees being recalled will have seven (7) calendar days to notify the Company of their intention to return to work from and seven (7) calendar days to report following notification. In the event the employee fails to comply with the above, he/she they shall lose all seniority rights under this Agreement. After following the Atlantic Area reduction of force procedure, the following shall apply: After a one (1) day layoff, full-time seniority employees who may be subject to layoff may in the order of their seniority elect to take the work of part-time employees, if any, for the duration of the layoff provided the full-time employee has more Company seniority than the part-time employee being displaced. In such case, the employee will be offered position vacancies for which they are qualified provided with eight (8) continuous hours of work (unless otherwise mutually agreed to by the Company and the Union) at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified appropriate rate for the position. In all cases classification of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping process.work performed, except that:

Appears in 1 contract

Samples: Area Supplemental Tentative Agreement

Layoff and Recall. clause is applicable to full-time employees only) In cases the event of layoff lay-off, the Hospital shall lay-off employees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject to lay-off shall have the right to either: accept the lay-off; or displace an employee who has lesser bargaining unit seniority and who is the least senior employee a lower or identical paying classification in the bargaining unit if the employee originally subject to lay-off can perform the duties of the lower or identical classification without training other than orientation. Such employees so displaced shall be laid off. For of the operation of clause an identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off straight time hourly wage rate). An employee shall have opportunity of recall from layoffa lay-off to an available opening, seniority in order of seniority, provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure the collective agreement shall governnot apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, providing the remaining employees Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he was laid off shall have the qualifications privilege of returning to the position he held prior to the lay-off should it become vacant within six ( 6 ) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation is more favourable to the employees, the Corporation The Hospital shall notify the Union employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee eligible to be recalled and the employees who date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on lay-off shall be given preference for temporary vacancies which are to be laid off thirty (30) calendar days prior to the effective date of any layoff which is expected to exceed fifteen ten (1510) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any An employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have has been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will such temporary vacancy shall not be required to accept such recall to a position at and may instead remain on lay-off. No full-time employee within the same level from which they were bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. (The clause is applicable to part-time employees only). In the event of a lay-off, employees will be laid off reverse order of their seniority, provided that those remaining are capable of performing in the positions available. When recalling employees after lay-off, those last to be laid-off will be the first to be recalled, provided that they are fully qualified capable of performing in the positions available. (The followins clause Benefits on Layoff applicable to full-time employees In the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programmes, continue to pay the full premium cost of a benefit or benefits for up to three months following the positionend of the month in which the lay-off occurs. In all cases Such payment can be made through the payroll office of layoff the Corporation Hospital provided that the employee informs the Hospital of h i s or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment schedule. The Hospital undertakes to notify the Union advance, so far as practicable, of any technological changes which the Hospital has decided to introduce which will significantly change the state of employees within the bargaining unit. The Hospital agrees to discuss with the Union the effect of such technological changes on the employment status of employees and to consider practical ways and means of minimizing the adverse affect, if any, upon employees concerned. Where new or greater skills are required than are already possessed by affected employees under the present methods of operation, such employees shall be given a period of training, with due consideration being given to the employee's age and previous educational background, during which they may perfect or acquire the skills necessitated by the new method of operation. The employer will assume the cost of tuition and travel. There shall be no reduction wage or salary rates during the training period of any such employee. Training shall be given during the hours of work whenever possible and may extend for up to six months. Employees with one or more years of continuous service who are subject to lay-off under conditions referred to above, will be given notice of the impending change in employment status at the earliest reasonable time in keeping with the notification to the Union as above set forth and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through requirements of the bumping processapplicable law.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. In cases For the purposes of layoff layoffs and recall from layoffto employment, seniority shall governbe defined as continuous service with the Employer since the date of last hire by the Employer. the event of layoff, the Hospital shall lay off employees in the reverse order of their seniority within their classification, providing that there remain on the remaining job employees who then have the qualifications ability to perform the work. An employee who is subject to layoff shall have the right to either: accept the layoff; or Note: displace an employee who has lesser bargaining-unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be laid off subject to the layoff procedure. An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid-off employee’s straight time hourly wage rate. In the event that there are no employees with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who is the least senior employee in a classification where the straight time hourly rate at the level of service corresponding to that of the laid-off employee is within of the laid-off employee’s straight time hourly rate provided he can perform the duties without training other than orientation. Such employee so displaced shall be laid off subject to the layoff procedure. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been completed. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner: An employee recalled to work in a different classification from which he was laid off shall have the privilege of returning to the position he held prior to the layoff should it become vacant within six months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. It is understood that probationary employees the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five working days (exclusive of Saturdays, Sundays, and paid holidays) after being notified to do so by registered mail, addressed to the last address on record with the Hospital (which notification shall be first laid offdeemed to have been received on the second day following the date of mailing) and to return to work within ten working days after being notified. Unless legislation The notification shall state the job to which the employee is more favourable eligible to the employees, the Corporation shall notify the Union be recalled and the employees date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who are has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off thirty (30) calendar days prior to the effective date by reason of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due being assigned to circumstances beyond his/her one or more part- time employees. In the Corporation’s controlevent that a layoff commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be thereto solely because of the day on which the layoff commenced. Employees who have been laid A laid-off from their jobs and have not accepted alternative permanent employment with employee shall retain the City rights of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year twenty-four months from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processlayoffs.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. In cases When it becomes necessary to reduce the working force of layoff and recall from layoffemployees, seniority shall govern, providing will prevail so long as it does not prevent the remaining Company from maintaining a working force of employees have who the qualifications and physical fitness to capably perform the work availablewhich is available and are to do such work at the scheduled rate for the job. It is understood that probationary employees shall In such cases where an employee with seniority accepts a lower rated job rather than be first laid off. Unless legislation is more favourable to the employees, the Corporation shall notify the Union and the employees who are to his regular rate will be laid off protected for a period of thirty (30) calendar days prior to the effective date of any layoff which is expected to exceed fifteen (15) working days. If employees Short time operations is not considered layoff for purposes of this article. Short time operation shall be defined as any day of work of less than 8 hours. Employees who have not had the opportunity to qualify for another job, in accordance with will be given up to 2 weeks to qualify for a junior employee’s job to avoid a layoff. For the purpose of this clause, it is understood that all senior employees possess the skill and ability to perform the packer job. A more senior employee may choose to take a layoff instead of a junior employee, if the senior employee so requests. The agreement to go out of seniority by this employee must be by mutual agreement between the Company and the employee. The employee shall have normal recall rights but may not bump another employee even if the layoff is extended. The Company shall notify the Union and those employees affected by any layoff, of such layoff, at least 5 working days in advance of such layoff or pay to those employees an amount in lieu thereof. This section shall not apply to layoffs of less than 5 working days duration. Laid off personnel will be recalled from layoff on the basis of seniority provided those recalled possess the skill, ability, experience and physical fitness to capably perform the work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made is available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort Recall will be made by telephone and if this means is unsuccessful, the employee will be advised by telegram or registered letter at the last address he made known to find alternative work for any the Company. An employee with three or more year’s seniority who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period in excess of one year twenty-four months or an employee with less than three years’ seniority, who is laid off for the lesser of twelve months or a period equal to his seniority of an employee who fails to report from lay off when recalled, will have his seniority standing cancelled and his name removed from the date employment records of their layoffthe Company. No new It is the responsibility of the employee will be hired to perform work that an employee on layoff is capable keep the Company informed at all times as to his current address and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processnearest telephone number.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. The Hospital shall give each employee in the bargaining unit who has acquired seniority and who is to be laid off for a period of more than eight weeks, notice in writing his lay-off in accordance with the following schedule: Up to one year's service year but less than years' service years but less than years' service years but less than years' service years but less than years' service years but less than years' service years but less than years' service years' service or more week's weeks ' weeks weeks' weeks weeks weeks weeks notice notice notice notice notice notice notice notice Such notice will be handed to the employee and a signed acknowledgement requested the employee is at work at the time the notice is ready for delivery. In the alternative, it shall be mailed by registered 'mail. An employee on layoff and recalled to a temporary position shall not be entitled to further notice of layoff. In the event of a proposed layoff of more than eight weeks' duration, the Hospital will: Provide the Union with no less than thirty (30) calendar days notice of such layoff, and meet with the Union through the Labour Management Committee to review the following: the reason causing the layoff the service the Hospital will undertake after the layoff the method of implementation including the areas of and employees to be laid off. In the event of a substantial bed or in service, the Hospital will provide the Union with reasonable notice. If requested, the Hospital will meet with the Union through the Labour Management Committee to review the reasons and expected duration of the bed or in service, any realignment service or staff and its effect on employees in the bargaining unit. In all other cases of layoff lay-off, the Hospital shall give each employee in the bargaining unit who has acquired seniority one week's notice, provided however, such notice shall not be required the occurs because of emergencies (for example fire, act of God, power failure or equipment In the event of lay-off, the Hospital shall lay off employees in the reverse order their seniority within their providing that there remain on the job employees who then have the ability to the work. An employee who is subject to lay-off shall have the right to either: Accept the lay-off or; Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bar- gaining unit if the employee originally subject to lay-off can perform the duties of the lower or iden- tical classification without training other than orientation. Such employee so displaced shall be laid off subject to his or her rights under this section. The decision of the employee to choose (a) or above shall be given in writing to the designated Hospital representa- tive within working days (excluding Saturday, Sunday and Holidays) following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. An employee shall have opportunity of recall from a lay- off to an available opening, in order seniority provided he has the ability to perform the work, before such opening is on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. In determining the ability of an employee to perform the work for the purposes of Paragraphs and above, seniority the Employer shall govern, providing the remaining employees not act in an arbitrary or unfair manner. An employee recalled to work in a different classifica- tion from which he was laid shall have the qualifications privilege of returning to the position he held prior to the lay-off should it become vacant within six months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Hospital of ’their intention to do accord- ance with or have been found unable to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation is more favourable to the employees, sole responsibility of the Corporation shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior to the effective date of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have has been laid off from their jobs to notify the Hospital his intention to return to work within five working days (exclusive of Saturdays, Sundays and have not accepted alternative permanent employment paid Holidays) after being to do so by registered mail, addressed to the last address on record with the City Hospital (which notification shall be deemed to have been received on the second day following the date of Xxxxxxx will and to return to work within ten working days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Where the employee fails to notify the Hospital of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the right to recall to employ of the position from Hospital. In the event that a lay-off commenced on the day immedi- ately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which they were the lay-off commenced. A laid off or displaced employee shall retain the rights of recall for a period of one year eighteen months from the date of their layofflay-off. No new full-time employee will within the bargaining unit shall be hired laid by reason of duties being assigned to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same one or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processmore part-time employees.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. In cases of layoff and recall from layoffthe event the Employer finds it necessary to reduce its staff by laying off workers, seniority shall govern, providing the remaining employees have the qualifications to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation is more favourable to the employees, the Corporation it shall notify the Union in writing at least two (2) weeks from the effective day of the layoff and shall inform the employees Union of the names of the workers who are to be laid off. Except in the case of discharge for just cause, regular Employees shall be entitled to fourteen (14) calendar days’ notice of layoff or pay in lieu thereof. In cases of layoff, temporary and then probationary employees shall be laid off thirty first without regard to their individual periods of employment. If layoffs continue beyond temporary and probationary employees, additional employees shall be laid off based on the need of the classification that needs to be laid off and on the length of service with the Employer. An employee whose hours are being cut or who is being laid off may fill any vacant position or displace a less senior employee in any bargaining unit job classification within the same department, provided that he or she has the qualifications to do the job. An employee who is displaced in a layoff or has hours reduced shall also have bumping rights. Whenever a vacancy occurs, workers who are on layoff shall be recalled with the last person laid off in that job classification being recalled first. Recall shall thereafter continue in reverse order of layoff. The Employer shall notify the Employee of their recall in writing by certified mail, return receipt requested, at the last address furnished the Employer by the Employee or by telephone call verified by a letter as above and employ his/her subject to the above limitations provided they report and are available for work by not later than five (305) calendar days prior from receipt of the recall notice. It shall be the responsibility of the worker to keep the effective Employer informed of his/her present address and telephone number and to notify the Employer in writing of any such changes within one (1) week of the date of any layoff which is expected change. Nothing contained herein shall deprive the Employer of the right, at its discretion, to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid hire a temporary employee for the days duration of a worker’s contractual leave of absence or for the duration of a worker’s absence as a result of sickness, accident, or injury on which work was not made availablethe job, vacation or any other absence. Employees receiving notice of layoff may accept In the layoff, bump the most junior employee in their level or below or accept placement in event a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into worker covered by this Agreement is offered and accepts a position that is a higher level than outside the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out bargaining unit, such worker shall lose all of his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the positionrights under this Agreement. In all cases the event that the Employer chooses to close or convert the facility to other use, the Employer will follow the requirements of layoff the Corporation and the Union will enter into discussions to find an federal WARN legislation (or appropriate placement solution for any laid off employees prior to going through the bumping processstate legislation), which provides a sixty (60) day notice of closure or pay in lieu of notice.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall. In cases in layoffs calendar.year-may-bemade without considering seniority rights. The provisions of layoff this section will only apply to a shortage of material, a shortage of work, a breakdown of equipment or services (electrical, steam, air or water). This provision shall not apply to the inventory period which shall remain at no more than hours accumulative in a calendar year. If due to unforeseen circumstances, a Designated Line as referred to in Article b is not able to be in operation (i.e. equipment breakdown, material shortage, customer scheduling), the Company may transfer individuals from that line to other lines where jobs are available for a period of time mutually agreed to by the parties. Employees transferring would retain their own classification and rate. It is agreed that transferred employees would not displace the Designated Line Employees on other lines with respect to job, temporary transfer, shift rotation, line overtime, etc. The Company would discuss with the Union in advance, the nature and duration of the circumstance, with a view to problems in of their For layoffs exceeding the time specified in paragraph the following procedure shall apply: Probationaryemployees shall-be laid first, provided are capable of performing the work to be done, then Employees shall be called back to work in reverse order of layoff: that is the last employee laid off shall be the first to be recalled to the open available position in the line specialist classification. Should the employee after being notified by the Company to return to work as scheduled, be unable to do so, such employee shall notify the Company as to the date will return. Such date shall not exceed one week. However, for good and sufficient reason such as sickness or disability, this time will be extended for a reasonable period of time. The employee is responsible for providing documentation to support the extension if such a request is made by the Company. The Company may, if necessary proceed with the recall from to obtain the required number of employees. An employee, while retained on the seniority list during layoff, shall accumulate seniority during such period. The Union Plant Chairperson and the employees affected will, whenever possible, be notified forty-eight (48) hours prior to employees being laid off for a period more than the balance of a shift plus two (2) days on the Front-shift and one day on the Back-shift. When possible, they will be notified five (5) days in advance with the exception of a layoff due to breakdown, lack of material, and other conditions out of the control of Management. This provision applies to all off notices shall governbe effective the end of the pay week following the week in e notice was posted. AND shall be the determining factor. When a vacancy occurs, providing the remaining Company shall post notice of such vacancy or new job on the bulletin board in Information Alley for a period of seven (7) days which shall be Tuesday through the end of shift the following Monday. The notice will include the classification, pay rate, position requirements, and whether or not the position is or plant wide. The indicate whether the opportunity is for Front or Back shift. A list of designated lines for this procedure will be provided to the Union upon request, or upon the creation or deletion of a ob once filled shall be considered closed. Any subsequent-vacancies that need to be filled will be re-posted In all posted classifications All jobs except Line Specialist and Skilled Trades) a ratio of trained employees to those currently in the classification shall be determined by the Company and Union. Of this number, shall be grandfathered from the list of currently employees as at June This grandfathering will be done on a one-time basis only in June of The other of this trained roster shall be employees who have applied to be trained in the qualifications specific classification, and these employees shall be chosen by seniority. The ratios for employees shall be maintained, and will occur to replace employees who move into the classification through the job posting procedure, or who are no longer employed by DURA. A posting form, for both the classification and for opportunities to become will be utilized. The shall indicate application and preference for jobs posted and this form shall be used to identify the incumbent. Employees off from their posted classification may bump the employee in the classification plant-wide with the least seniority (moved from Article as requested). The Company shall notify the successful applicant in the presence of a Union representative not later than the second Monday following the removal of the job of posting on the Back-Shift. If the employee is transferring from the Front-Shift to the Back-Shift position or vice versa, the employee shall complete the work schedule of the current week and commence the new shift within the work schedule of the following week. if needed, the Company may retain the successful bidder beyond the time period specified herein, but shall pay such employee the appropriate rate of the job to which will be transferred, if higher, for the period the employee is retained. An employee shall not be awarded a job bid that involves a lateral and/or downward move only, more frequently than once every six (6) months. Any employee who is disqualified, for medical reasons shall forfeit any future assignments to that department classification and shall be returned to the employee's former classification. The only exception to this is satisfactory acceptable medical evidence that-the health reason causing impairment no longer exists or that the job has changed to allow the employee to perform the work availableessential duties of the job. It The Company will recognize an application for a job posting for employee who is understood that probationary employees shall be first laid off. Unless legislation is more favourable on vacation or authorized leave of absence when presented by the employee to the employees, the Corporation shall notify the Union and the employees who Supervisor or designate. The Company will not recognize applications that are not filled out correctly. When a regularly posted employee is to be laid off thirty (30) calendar days prior to the effective date work for a known duration of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said time greater than thirty (30) calendar days, they and less than one year, the vacant position shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee posted in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment accordance with the City of Xxxxxxx will have job posting procedure. When the right to recall to temporary posting no longer exists the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired returned to perform work that an previous classification. While in the Temporary job posting the employee on layoff is capable and qualified will not be eligible to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution post for any laid off other Temporary Job Temporary job will only be eligible to employees prior to going through within the bumping process.Line Specialists classification. ARTICLE

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. A layoff for full-time employees shall be defined as a reduction in the work force or a reduction in the normal scheduled hours of work and for part-time employees, a reduction in excess of of the normal scheduled hours of work as set out in the job posting that resulted in the employee obtaining the position. Notwithstanding any other provision of this Agreement, where the Employer needs to lay off employees, the Employer may, prior to utilizing the procedure outlined below, transfer an employee to fill in any vacancy for which has the ability, qualifications and/or relevant work experience, provided such vacant position has the same rate of pay. In cases the event of layoff and recall from a layoff, seniority the following procedure shall govern, providing apply: The classification and status (full-time and part-time) within which the remaining employees have the qualifications layoff is to perform the work availableoccur will be identified. It is understood that All probationary employees shall be first laid offoff first. Unless legislation is more favourable to the employeesThereafter, the Corporation shall notify the Union and the if further employees who are to be laid off, the most junior employees within the selected classification and status at the location where the reduction of staff is needed will be laid off thirty first. The Employee shall have the right to displace a less senior employee in any classification, except a Program Co-ordinator, having the same status, who the employee has the qualifications, skills and ability to displace. The right to bump shall include the right to bump up. If the laid off employee is a full-time employee and is unable to displace an employee pursuant to the procedure outlined in paragraph above, the employee shall have the option to either take the layoff or to displace a less senior part-time employee where the employee has the qualifications, skill and ability. Any employee displaced by the bumping procedure pursuant to and (30e) above, shall be afforded the same opportunity to exercise seniority in the same manner. The Employer and the Union shall meet prior to a layoff to review the seniority list and to discuss the order of layoff. In addition, the parties will look to identify alternatives to the proposed layoffs. Xxxxxx grievances will be initiated at Step of the grievance procedure. Employees shall be recalled to work in order of seniority provided they have the qualifications, skill and ability to perform the available work. Seniority rights for recall are as described in sub-article All notices of layoff shall be in writing and Employees who have received notice of layoff shall be given the opportunity to meet with a designated representative of the Employer and the Union to discuss options. If the employee wishes to assert seniority rights to displace another employee as provided for above, shall submit a request in writing to the Manager of Human Resources within seven (7) calendar days of such meeting, with a copy to the President of the Union. The Employer shall not hire new employees where employees are on layoff until those laid off employees are given the opportunity to be recalled pursuant to paragraph above. Except when caused by a reason or reasons beyond the control of the Employer, all employees about to be laid off shall receive at least sixty (60) calendar days notice prior to the effective date of any layoff which is expected to exceed fifteen the layoff. Provided that they have at least two (152) working days. If employees have not had years seniority, the opportunity to work their regular scheduled work days during President of the said thirty (30) calendar daysLocal Union followed by the Chief Xxxxxxx, they while in office, shall be paid deemed to have the highest seniority in the bargaining unit and shall be entitled to assert such deemed seniority for the days on which work was not made available. Employees receiving notice purposes of layoff may accept the layoffand recall in accordance with sub-article Subject only to staffing requirements, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every every reasonable effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid layoff part-time employees before laying off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processfull-time employees.

Appears in 1 contract

Samples: Agreement

Layoff and Recall. 1901 The Union acknowledges that the Employer has the right to determine affected classifications for layoff. 1902 Prior to providing layoff notice, the Employer shall meet with the Union to discuss ways to minimize or avert layoffs by reviewing issues such as reducing hours of work, job sharing, etc. The discussions shall be kept confidential and the Employer shall have the sole discretion whether or not to act upon any suggestions. The Employer shall provide the name and classification of the affected employees. 1903 In cases assessing employees for the purpose of layoff, where individuals are deemed to be relatively equal on the basis of skills, ability, performance and qualifications, the employee with the least seniority shall be laid off first. 1904 Affected employees shall receive a minimum of two (2) weeks written notice of layoff or two (2) weeks pay in lieu thereof; or an equivalent combination of notice and recall from layoff, seniority pay in lieu of notice equalling two (2) weeks. 1905 A permanently laid off and therefore discharged employee shall govern, providing the remaining receive 2 weeks' severance pay per year of service up to a maximum of 20 weeks. 1906 New employees have the qualifications shall not be hired where there are employees on layoff able to perform the work availablenormal requirements of the job. It is understood that probationary 1907 Laid off employees shall be first laid off. Unless legislation is more favourable to the employees, the Corporation shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior to the effective date of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall be recalled for up to one hundred and twenty (120) calendar days into the position classification from which they were laid off, providing work becomes available during this time. 1908 The recall right for laid off or displaced for a period employees shall expire at the end of one year hundred and twenty (120) calendar days from the date of the layoff, at which time the laid off employee shall be deemed to be permanently laid off and therefore terminated. 1909 The Employer shall give notice of recall by registered mail. The employee shall keep the Employer advised at all times of her current address. 1910 The recalled employee shall report for duty within fourteen (14) calendar days from the date of recall, unless otherwise agreed to. 1911 A laid off employee may elect to forfeit his/his one hundred and twenty (120) calendar day recall period to receive their severance pay upon their date of layoff. No new In this event, the employee will would be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were permanently laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processterminated.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. In cases If the Town finds it necessary to lay off employees, the procedure set forth in this Article will apply. The Union will be notified, whenever possible, four (4) weeks in advance of any layoff and, insofar as practicable, of the number, names, and recall from layoffpositions of those employees who are affected. If layoff is necessary, seniority shall govern, providing the remaining employees have the qualifications to perform the work available. It is understood that probationary employees shall be first laid offoff in the inverse order of seniority for their position. Unless legislation If an employee who is more favourable to the employees, the Corporation shall notify the Union and the employees who are scheduled to be laid off thirty has higher seniority than an employee in a lower level position, he/she may “bump” or displace the employee with the lowest seniority in the next lower level within the bargaining unit. In no event will an employee be “bumped” by another employee from a lower level position within the bargaining unit. Employees who, by exercising their “bumping” option, move into a lower level position within the bargaining unit will be compensated at the same hourly pay rate if it is within the salary range of their assumed position. If the employee’s compensation was greater than the top of the assumed position’s range, (30s)he will be compensated at an hourly rate equal to the top of that pay range. When the Union has been notified of a lay off as outlined in this Article, it will notify the Town within seven (7) calendar days prior of all affected employees’ intentions on whether to exercise their “bumping” option. Before hiring into any permanent job in the effective date of bargaining unit, the Town will offer re- employment to any layoff which is expected to exceed fifteen (15) working days. If former employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with that position within the City of Xxxxxxx will have last one (1) year, in the right to recall to the position from inverse order in which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they said employees were laid off. Employees will There shall be required no obligation to accept recall offer re-employment to a position at the same level from which they were any employee who has been laid off provided that they are fully qualified more than one (1) year or who has refused re-employment on one (1) occasion, whichever occurs sooner. The offer of re-employment shall be sufficient if made by certified letter addressed to the laid off employee at his or her last known address as shown by the records of the Town Human Resources Department. Any such laid off employee must respond to the offer within one (1) week and be available for re-employment within four (4) weeks after the date of the offer; otherwise the laid off employee shall be deemed to have refused re- employment and the Town’s obligation under this Article is satisfied. An employee recalled within two (2) years of his or her date of lay off will return to his or her former classification with service, for the position. In all cases purposes of layoff vacation accrual and longevity pay, accrued up to the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processtime of lay off.

Appears in 1 contract

Samples: Agreement

Layoff and Recall. In cases the case of layoff and recall from layoffor recall, seniority shall govern, providing govern so long as it does not prevent the remaining employees have the qualifications to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation is more favourable to the employees, the Corporation shall notify the Union and the Company from maintaining a working force of employees who are qualified to do the work which is available, at the rate of pay applicable to the job. Employees who are in their last progression period in a training program will not be treated as trainees for layoff purposes. Employees to be laid off thirty shall be notified by Management as far in advance of the layoff as is practicable. In any event, employees will receive no less than three (30) calendar days 3)days notice prior to a layoff. In the effective date case of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the a layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall non-skilled employees may bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies skilled job for which they are qualified at providing they have the same seniority to do so. In addition to the preceding section above and in the circumstances outlined herein, when five (5 )or lower level from more employees are being laid off in any given work week, the position they were Company will provide training prior to the actual layoff, to no more than two (2)employees per department (for a maximum of nine (9) employees per layoff) in the classifications as outlined below, of those who would have been laid offoff and who would not be qualified to bump into any other classification in the plant. Employees In order to be afforded this opportunity, the employees to be laid off must have the seniority to bump the two (2) most junior incumbents in the classification for which the training will be provided. The training provided will be sufficient to qualify the employees to perform the requirements of the following classifications: Classification Press End Wrapper Litho Tin plate Sorter Can Assembly Bodymaker Feeder and/or Operator Operator and/or General Labour Maintenance Janitor but in any event such training will not extend beyond three (3) work days, during which time the employee must acquire adequate skills and demonstrate the ability to perform the job requirements to the degree of proficiency required to accept recall to a position at of other employees in the same level from which they were laid off provided that they are fully qualified for job. Departments Can Line Quality Assurance Shipping and Receiving Press and Shearing Machine Shop, Electrical, Stores and Litho Metal Closures Seniority An employee’s continuous service shall be considered as having been terminated and all service forfeited if the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping process.employee:

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. In cases The City Manager may layoff an EMPLOYEE when deemed necessary by reasons of layoff and recall from layoffshortage of funds and/or work, seniority abolishment of a position, or other material change in duties or organizations. The Department Head shall governprepare, providing for the remaining City Manager's approval, a list of those employees have the qualifications to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation Department seniority, qualifications, discipline and current/past performance evaluations shall be considered in all layoffs and rehires. Whenever there is a layoff where there are two (2) or more LPASE EMPLOYEES holding the same position and further, with all things being equal between the two EMPLOYEES (e.g., qualifications, discipline, current/past performance) as solely determined by the City Manager, the EMPLOYEE with the least seniority in the department shall be the first EMPLOYEE laid off. The laid off EMPLOYEE may bump another LPASE EMPLOYEE in the same department with less seniority than the laid off EMPLOYEE for a LPASE represented position that the laid off EMPLOYEE previously held and for which the laid off EMPLOYEE currently meets the qualifications as set forth in the current job description for the position. A LPASE EMPLOYEE that has bumped another less senior LPASE EMPLOYEE shall be placed in the position of the bumped EMPLOYEE at the salary which the bumped EMPLOYEE currently earns. In the event there is more favourable than one incumbent in the position subject to the employeesbumping, the Corporation shall notify the Union and the employees who are LPASE EMPLOYEE to be laid off thirty bumped will be the least senior incumbent. The EMPLOYEES shall be given written notice of the reasons for the layoff, at least sixty (306o) calendar days prior to the effective date of any layoff which is expected to exceed fifteen (15) working dayslayoff. If employees have such notice is not had available, the opportunity EMPLOYEE shall receive a paid severance package equal to work their regular scheduled work days during the said thirty (30) calendar days, they eight weeks of wages and benefits. Recall decisions shall be paid for made at the days on which work was not made availablediscretion of the affected department based upon departmental needs. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced insurance benefits that are eligible for a period continuation upon separation of one year from employment for sixty (6o) days after the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at the same or lower level from the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping process.

Appears in 1 contract

Samples: Agreement

Layoff and Recall. In cases the case of layoff and recall from a layoff, seniority shall govern, providing the remaining probationary employees have the qualifications to perform the work available. It is understood that probationary and part-time employees shall be first to be laid off. Unless legislation is more favourable to the employeesThereafter, the Corporation employees shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior in a reversed order of seniority. All names of employees on a major layoff shall be listed, indicating their classifications and a copy of same forwarded to the effective date Union Office within hours of the layoff's occurrence. Before any layoff which is expected to exceed fifteen (15) working days. If new employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar daysbeing hired, they laid off employees shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for by registered mail in the reverse order to which they are qualified at the same or lower level from the position they were laid off. Employees will An employee shall lose all seniority and his employment deemed to have been terminated if he is laid off for a period equal to the lesser of his period of seniority or nine months. Status and Lists Seniority lists shall be required posted for the respective seniority groups within thirty days of the effective date of this Agreement. Such lists shall show names, classifications and date of entry into the Company's service in a position covered by this Agreement, from which date seniority shall accumulate. Copies of the seniority lists shall also be furnished to accept recall the General Representative of the Union. Protests in regard to seniority status must be submitted to the Company in writing within sixty days from the date seniority lists are posted and may be treated as grievances. Elected or appointed Shop Stewards shall be placed number one on seniority lists in their respective classification group, for the purpose of lay-off only. If a full-time employee with two years or more seniority is placed on part-time by the Company, the Company agrees to cover the employee for the benefits outlined in Appendix for two months. This provision shall not apply if the employee requests the transfer. If, due to a position at shortage of work, a full-time employee's status is changed to that of a part-time employee, no new full-time employees shall be hired in that classification until those reclassified as part-time are returned to their full-time status in the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processdepartment concerned.

Appears in 1 contract

Samples: negotech.labour.gc.ca

Layoff and Recall. In cases the case of layoff and recall from layoffor recall, seniority shall govern, providing govern so long as it does not prevent the remaining employees have the qualifications to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation is more favourable to the employees, the Corporation shall notify the Union and the Company from maintaining a working force of employees who are qualified to do the work which is available, at the rate of pay applicable to the job. Employees who are in their last progression period in a training program will not be treated as trainees for layoff purposes. Employees to be laid off thirty shall be notified by Management as far in advance of the layoff as is practicable. In any event, employees will receive no less than three (303) calendar days notice prior to a layoff. In the effective date case of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the a layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall non-skilled employees may bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies skilled job for which they are qualified at providing they have the same or lower level from seniority to do so. In addition to the position they were preceding section above and in the circumstances outlined herein, when five (5)or more employees are being laid offoff in any given work week, the Company will provide training prior to the actual layoff, to no more than two (2) employees per department (for a maximum of nine (9) employees per layoff) in the classifications as outlined below, of those who would have been laid off and who would not be qualified to bump into any other classification in the plant. Employees In order to be afforded this the employees to be laid off must have the seniority to bump the two (2) most junior incumbents in the classification for which the training will be provided. The training provided will be sufficient to qualify the employees to perform the requirements of the following classifications: Departments Classification Press End Wrapper Litho Tin plate Sorter Can Assembly Bodymaker Feeder and/or Operator Operator and/or General Labour Maintenance Janitor but in any event such training will not extend beyond three (3) work days, during which time the employee must acquire adequate skills and demonstrate the ability to perform the job requirements to the degree of proficiency required to accept recall to a position at of other employees in the same level from which they were laid off provided that they are fully qualified for job. Departments Can Line Quality Assurance Shipping and Receiving Press and Shearing Machine Shop, Electrical, Stores and Litho Metal Closures Seniority An employee's continuous service shall be considered as having been terminated and all service forfeited if the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping process.employee:

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. In cases of layoff and recall from layoff, seniority shall govern, providing Should the remaining employees have Authority reduce the qualifications to perform the work available. It is understood that probationary employees work- ing force such reduction shall be first laid offeffected within such sen- iority districts on the basis of district seniority. Unless legislation is more favourable to the employees, the Corporation shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior to the effective date A reduc- tion of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort forces will be made by separating the employee in each of the classifications within each group or section to find alternative work be reduced having the least amount of district seniority, then the employee having the next lowest district seniority, and so on until the total reduction has been made. An affected employee may elect to accept demotion into a lower classification, for any which the employee is qualified, instead of being separated, in which case the employee will take precedence over all employees in such lower classifi- cation having less seniority. The Authority will make provision, if necessary, for an af- fected employee, by removing or demoting employees within the same classification who have less seniority in the district than that of the affected employee, whenever such affected employee is prevented from carrying out his/her normal duties due qualified for an alternate position. Employees will be permitted to circumstances beyond his/her change classifications or the Corporation’s controloccupations instead of being separated, as provided above, upon passing qualifying examinations. Employees who have been laid off from as a result of reduc- tion in forces shall retain their seniority and recall rights, based on their seniority as of the day of their lay-off and shall be recalled in order of their seniority in any job or jobs and on which the employees have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced been previously em- ployed—for a period of one year sixty (60) months from the date of their layoff. No new employee will be hired to perform work lay-off; provided, however, that an employee on layoff is capable and qualified to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified laid-off employees shall, at the same time of lay-off, notify the Authority of their de- sire to be placed on the recall list and thereafter, in order to retain such seniority or lower level from recall rights, shall at intervals of not more than sixty (60) calendar days communicate to the position they were laid offAuthority in person or in writing their desire to be retained on the recall list. Employees will A certified mail letter with a return receipt sent to the last address furnished to the Authority shall be required deemed suf- ficient notice to accept recall to a position at such laid-off employees of the same level from which they were laid off provided that they are fully qualified availability of the job. Should such employees so notified not reply and make themselves available for the position. In all cases job within a period of layoff seven (7) calendar days, the Corporation and the Union will enter into discussions employees shall have for- feited their right to find an appropriate placement solution for any laid off employees prior to going through the bumping processfurther recall.

Appears in 1 contract

Samples: Final Agreement

Layoff and Recall. In cases of layoff Section 1. Layoffs and recall from layoff, seniority shall govern, providing the remaining employees have the qualifications to perform the work available. It is understood that probationary employees hours reductions shall be according to seniority within the affected job classification, with the last person hired into the job classification to be the first laid off. Unless legislation is more favourable to the employees, the Corporation shall notify the Union and the employees who are to be laid off thirty or to have hours reduced; provided, however, that employees to be laid off or to have their hours reduced may be reassigned if qualified in the judgment of the Executive Director for the position available. If the Executive Director deems that the employee has the necessary qualifications for an available position, the Executive Director shall have ten (3010) calendar days prior to determine whether the effective date reassigned employee is capable of any layoff which is expected to exceed fifteen performing the duties of the new position in a satisfactory manner. Leaves of absence, including sick leave and vacation days, shall not be counted toward the ten (1510) working days. If employees have the Executive Director determines that a reassigned employee is not had capable of performing the opportunity to work their regular scheduled work days duties of the new position, or if the employee is dissatisfied with the new position during the said thirty ten (3010) calendar daysday period and the employee is removed from the position, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or below or accept placement in a vacant position that they are fully qualified to perform. No such employee shall bump into or be placed into a revert to their position that is a higher level than in the position from which they have been laid offrecall list. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or If the Corporation’s control. Employees who have been laid off from their jobs and have not accepted alternative permanent employment with the City of Xxxxxxx will have the right to recall to the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new employee will be hired to perform work Executive Director determines that an employee on layoff is not qualified or that a reassigned employee is not capable of performing the duties of the position, the employee may request a meet and qualified confer meeting with the Authority. The meeting shall be held within ten (10) days of the request and shall require Union representation. During any layoff, all temporary employees shall be laid off first. Non-temporary employees who are scheduled to perform. Employees being recalled to work from layoff will be laid off shall first be offered position vacancies all temporary positions available within the bargaining unit for which they are qualified at and shall have the same or lower level from the position they were laid off. Employees will be required option, if qualified, to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the temporary position. In all cases of layoff Temporary employees shall be reduced in hours before any bargaining unit employees. Reverse seniority within the Corporation and affected job classification shall be used to determine the Union will enter into discussions to find an appropriate placement solution for any laid off order in which bargaining unit employees prior to going through the bumping processare reduced in hours each day.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall. In cases Employees who bump or are bumped will be afforded up to 20 working days of layoff training during which if they do not to demonstrate the necessary skill and recall from layoffability in the new position., seniority shall governEmployees who bumped or were bumped who fail to demonstrate the necessary skill and ability in the new position during this 20-day period will be placed in the Temporary Pool. Qualification will be determined solely by the Company. They will remain in the Temporary Pool until they remove themselves through the job posting process or a vacancy occurs on any shift that is not filled through the bidding process or a vacancy occurs on any shift that is not filled through the bidding process, providing the remaining employees have the qualifications to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation is more favourable to the employees, the Corporation shall notify the Union and the employees who are to be laid off thirty (30) calendar days prior to the effective date of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made availablei.e. open “no bid” positions. Employees receiving notice of layoff may accept exercising their rights under this section shall retain the layoff, bump the most junior employee right to take their previously scheduled vacation in their level new assignment. Any restrictions on bidding contained elsewhere in this Agreement shall not apply to an employee exercising bidding rights as a result of job eliminations or below or accept placement in a vacant position that they are fully qualified to perform. No employee shall bump into or be placed into a position that is a higher level than the position from which they have been laid off. Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s controlbumping. Employees who have been laid off from fail to demonstrate the necessary skill and ability on the job they bump on will be placed in a job for which the employee is qualified in their jobs classification on shift the Temporary Pool. When there is a reduction in the workforce, regular production employees will not be allowed to bump indentured apprentices and have not accepted alternative permanent employment with journeymen in the City of Xxxxxxx will have Maintenance Department. Likewise, when there is a workforce reduction in the right to recall to Maintenance Department, craft seniority shall prevail and the position from which they were laid off or displaced for a period of one year from the date of their layoff. No new least senior employee will be hired allowed to perform work that take an available production job in lieu of layoff. If there are no available jobs he/she may replace the least senior employee on layoff is capable in the in the plant regardless of shift, provided the maintenance employee has more seniority than the least senior employee. Recall within the Maintenance Department shall be by craft seniority. Nothing herein shall be construed to prevent the Company from retaining those employees whose skill fitness and qualified ability are necessary to perform. Employees being recalled to work from layoff will be offered position vacancies for which they are qualified at continue the same or lower level from continuity of the position they were laid off. Employees will be required to accept recall to a position at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping processoperation.

Appears in 1 contract

Samples: Tentative Agreement

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