Common use of Layoff Recall Clause in Contracts

Layoff Recall. Section 1. Bargaining unit employees shall be laid off and recalled on the basis of available work within each job classification. Layoffs shall be in reverse order of seniority and recalls shall be in order of seniority; provided however, that in order to avoid layoff and in order to be subject to recall, the most senior employee within the affected classification must be qualified, in the judgment of the University, to perform all available work. Any gross abuse of the University's discretion to judge qualifications shall be subject to the grievance procedure. Any employee who would otherwise be laid off may bump (i.e., replace) the least senior employee in another bargaining unit job classification if they previously held such job with the University and remain qualified, in the judgment of the University, to perform all work available in the job into which they are bumping. An employee who elects not to bump shall not lose their right to recall to the employee’s regular job, but shall lose their bumping rights for the duration of the layoff. When it becomes necessary to lay off an employee, such employee shall, if possible, be notified at least ten (10) work days before the layoff occurs; provided, however, such notice shall not be required with respect to temporary layoffs or lack of work occasioned by breakdown of machinery, floods, fires, utility failures, Acts of God, or other causes beyond the University's control. When an employee is to be recalled from layoff, the University shall notify the employee by telephone (confirmed by certified or hand delivered letter, copy to Chief Xxxxxxx) specifying the time to report back to work, which notice shall, if possible, not be less than five (5) work days prior to the reporting time. In order to be eligible for recall, any employee who is laid off must keep the University currently advised in writing of their current whereabouts, address and telephone number, and any temporary changes thereof. The employee shall, within twenty-four (24) hours after receiving notice of recall, notify the University if for any reason the employee cannot report for work at the specified time. In the event an employee is unable to return to work due to illness or injury certified by a physician, the employee shall not lose their right to subsequent recall but the University may pass them over in order to fill an available position.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, University of Akron, Collective Bargaining Agreement

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Layoff Recall. Section 1. Bargaining unit When it becomes necessary, due to a lack of work or funds or job abolishment, to reduce the number of employees in the bargaining unit, the Employer shall determine the number of positions by classification and the following layoff procedure shall be laid off and recalled on followed.‌ The Employer shall notify the basis employee with the least total continuous seniority from most recent date of available work within each job classification. Layoffs shall be in reverse order continuous hire as a permanent employee with the City of seniority and recalls shall be in order of seniority; provided however, Xxxxxxxx that in order to avoid layoff and in order they are to be subject to recall, the most senior employee within the affected classification must be qualified, laid off. The Employer shall lay off in the judgment following order. First, employees holding appointment in categories of the Universitytemporary, to perform all available workintermittent, temporary part-time, seasonal, provisional, casual and probationary, and then permanent. Any gross abuse of the University's discretion to judge qualifications shall be subject to the grievance procedureBumping Rights. Any employee who would otherwise be laid off Employees may bump displace (i.e., replacebump) the least senior bargaining unit employee in another bargaining unit job a lower classification if they in the same classification series provided that the employee has more seniority than the employee displaced and provided that the employee doing the bumping had previously held such job with the University and remain qualifiedlower class by a permanent or temporary appointment of at least sixty (60) consecutive calendar days. In each case, the employee must be presently qualified to perform the work. Such bumping rights shall occur in units represented by the IUOE, Local 20. In addition, persons who had previously held the position of Meter Reader shall be permitted to bump in the judgment Metering unit. Classification Series. Not more than ninety (90) days after the signing of this Agreement, the work- site Labor Management Committee within each division shall develop a classification series ladder which shall include all of the University, positions utilized in that work unit. Each series shall be arranged to perform all work available show which classes are lower and the line of progression if an employee is bumping down. Preferential Hiring List. The City shall establish a Preferential Hiring List which shall remain in existence for two years following any layoff. The list shall be in the order of total City seniority. In the event that the City determines that it will fill any positions normally filled by open means, the City shall offer the available work first to the topmost person on the Preferred List who is fully able to do that work. The list shall be used to fill vacancies in positions which include, but are not limited to, Laborer, Building Service Worker and Maintenance Worker. Any person who has been passed over on a Preferred Eligibles list because he or she was not capable of performing a particular job into shall remain on the list for consideration if other openings occur. A person who has declined appointment shall be removed from the list. The Employer shall give the effected employees fourteen (14) calendar days’ written notice of their layoff unless a longer time frame is otherwise required by statute. Employees who are laid off shall have recall rights to the position from which they are bumpingwere laid off for a period of two (2) years. Employees shall be recalled in the inverse order of layoff. An employee who elects not to bump be recalled shall not lose their right to recall be notified by certified letter/return receipt of the offer of recall. The letter shall be mailed to the employee’s regular job, but last known address. A recalled employee shall lose their bumping rights for the duration of the layoff. When it becomes necessary to lay off an employee, such employee shall, if possible, be notified at least allowed ten (10) calendar days from receipt of the notice to return to work. An employee failing to return to work within ten (10) calendar days before shall be deemed to have declined recall and shall have no recall rights thereafter. The Employer shall be deemed to have fulfilled its obligations by mailing the layoff occurs; providedrecall notice by certified mail, howeverreturn receipt requested, such notice shall not be required with respect to temporary layoffs or lack the mailing address provided by the employee, it being the obligation and responsibility of work occasioned by breakdown of machinery, floods, fires, utility failures, Acts of God, or other causes beyond the University's control. When an employee is to be recalled from layoff, the University shall notify the employee by telephone (confirmed by certified to provide the Employer with his or hand delivered letter, copy to Chief Xxxxxxx) specifying the time to report back to work, which notice shall, if possible, not be less than five (5) work days prior her latest mailing address. Each employee who may have an interest in any position unrelated to the reporting time. In order to be eligible for recallclassification series from which he or she was displaced, any employee who is laid off must keep shall provide the University currently advised in writing Department of their current whereaboutsCivil Service and Personnel with an updated listing of qualifications, address credentials and telephone number, and any temporary changes thereof. The employee shall, within twenty-four (24) hours after receiving notice types of recall, notify the University if for any reason the employee cannot report for work at the specified timeinterest. In the event an employee is unable of a tie among two (2) or more employees with respect to return to work due to illness the order of layoff or injury certified by a physicianrecall, the employee affected employees shall not lose their right draw lots, according to subsequent a mutually agreed procedure, to determine the order of layoff or recall. The provisions of this Article shall be the sole and exclusive authority for the layoff, job abolishment, or recall but of employees subject to this Agreement, notwithstanding any contrary provision of the University may pass them over in order to fill an available position.Ohio

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Recall. Section 1. Bargaining unit (a) A layoff of employees shall be laid off and recalled made on the basis of the plant wide seniority list provided the Company can maintain a work force who are willing and able to satisfactorily perform the work available. It is understood that affected employees exercising their seniority under (a) will do so as follows: Bump most junior person within the classification on the same shift of the affected employee; If the employee does not have sufficient seniority to bump as per the above, the employee will exercise one of the following options of their choice: Bump most junior person within the classification regardless of shift, or; Bump most junior person in a lower classification on the shift, or; Bump most junior person regardless of classification and shift; in any case, the affected employee exercising a bump will have greater seniority than the employee being displaced. Notwithstanding the other seniority provision so long as other employees remain at work, the plant Chair- person (as defined in and the Committeepersons defined in article (a) shall, for the purpose of representation be retained at work providing that is willing and able to do the work available and provided the shift which the Committeeperson represents is still running. TEMPORARY LAYOFF Temporary layoffs, not to exceed the employees next regular shift due to manufacturing and business irregularities production difficulties may be made by the Company. This provision shall not be applied to any employee in excess of eight (8) working days within any twelve-(12) month period. The Company will not unreasonably apply this privilege; and when employees have reported for work within each job they are guaranteed four (4) hours work or four (4) hours pay at their regular rate for that shift provided in The Company will ask for volunteers before exercising the temporary layoff and will endeavor to select the most senior of those employees who volunteer. Those employees who volunteer under this provision will be guaranteed four (4)hours pay as provided for in (1). Should further temporary layoffs be required, the Company will layoff in reverse order of seniority, by classification, on the shift or shifts affected. Layoffs shall Voluntary Temporary Inverse Layoff During temporary layoffs of one week or more weeks) the process of layoff by inverse seniority will be applied after all probationary employees and students have been laid off. The Company will determine the length of the layoff. Prior to the layoff by standard procedures the company will solicit from the affected classification, volunteers to accept the layoff. These volunteers will be then laid off in order of seniority. Employees laid off under inverse seniority language to have their healthcare (major medical, prescription drugs, life insurance, ADD, dental) for up to days following date of layoff. In a circumstance where recalls are necessary prior to the conclusion of the temporary period employees will be recalled in reverse order of seniority and recalls prior to standard recall procedures. Employees who are laid off on temporary inverse procedure will return to work at a maximum weeks unless recalled by the company within that time. The Company shall be in order notify the Union of seniority; provided however, that in order to avoid layoff and in order to be subject to recall, all pending layoffs. The Company will provide the most senior employee within the affected classification must be qualifiedUnion with a list, in the judgment writing, of the University, all employees to perform all available work. Any gross abuse of the University's discretion to judge qualifications shall be subject to the grievance procedure. Any employee who would otherwise be laid off may bump (i.e., replace) as soon as the least senior employee in another bargaining unit job classification if they previously held such job with the University and remain qualified, in the judgment of the University, to perform all work available in the job into which they names are bumping. An employee who elects not to bump shall not lose their right to recall to the employee’s regular job, but shall lose their bumping rights for the duration of the layoff. When it becomes necessary to lay off an employee, such employee shall, if possible, be notified at least ten (10) work days before the layoff occurs; provided, however, such notice shall not be required with respect to temporary layoffs or lack of work occasioned by breakdown of machinery, floods, fires, utility failures, Acts of God, or other causes beyond the University's control. When an employee is to be recalled from layoff, the University shall notify the employee by telephone (confirmed by certified or hand delivered letter, copy to Chief Xxxxxxx) specifying the time to report back to work, which notice shall, if possible, not be less than five (5) work days prior to the reporting time. In order to be eligible for recall, any employee who is laid off must keep the University currently advised in writing of their current whereabouts, address and telephone number, and any temporary changes thereof. The employee shall, within twenty-four (24) hours after receiving notice of recall, notify the University if for any reason the employee cannot report for work at the specified time. In the event an employee is unable to return to work due to illness or injury certified by a physician, the employee shall not lose their right to subsequent recall but the University may pass them over in order to fill an available positionavailable.

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. Section 1(Permanent Assistants) The Board shall provide notice of lay-off equivalent to twenty (20) days or any such additional notice ifrequired under the Standards and the amendmentsthereto. Bargaining unit employees shall be This provision will not apply with respect to the following: Probationary employees; Lay-off resulting from matters beyond the Board's control, includingbut not limited to fire, lightning, flood, tempest, power failure, machine breakdown and work stoppage. Permanent employeeswho have been laid off during the school year, will have their benefits paid for by the Board for one (1) month following the lay-off, and recalled on then will have access to a basic benefit plan for a month period following, provided the basis employeepays of available the premium costs. Permanent employeeswho have been laid off at the end of the school year, will have their benefits paid for by the Board until August As of September these employees will have access to a basic benefit plan for a six (6) month period immediately following the lay provided the employee pays of the premium costs. Where it is necessary to reduce the work within each job classification. Layoffs shall be force during the school year, the Board will first lay off Term Specific Instructional Assistants in the reverse order of seniority and recalls shall be in order of seniority; provided however, that in order to avoid layoff and in order to be subject to recall, the most senior employee within the affected classification must be qualifiedschool panel affected, in the judgment and before any layoff of the University, to perform all available workPermanent Contract Employees. Any gross abuse of the University's discretion to judge qualifications shall be subject to the grievance procedure. Any employee who would otherwise be laid off may bump (i.e., replace) the least senior employee in another bargaining unit job classification if they previously held such job with the University and remain qualified, in the judgment of the University, to perform all work available in the job into which they are bumping. An employee who elects not to bump shall not lose their right to recall to the employee’s regular job, but shall lose their bumping rights for the duration of the layoff. When If it becomes necessary to lay off an employeePermanent Contract Employees, such layoff will be the reverse order of seniority in the school panel affected, providing it does not prevent the Board from maintaining a force of employees who are qualified, able and willing to do the work which is available. The Superintendent of Human Resources will provide the President of the Association with prior notice of any change in work schedule. It is agreed and understood that reductions in the number of scheduled days in a work week, or hours in a work day, does not constitute a lay off. -LAYOFF AND RECALL (Continued) P anent InstructionalAssistants who are laid off will be retained on the seniority list a have recall rights for a period of one year from the effective date of the N Member will be required to accept an assignment for which they are not qualified, as d by the Superintendent of Human Resources, consultation the President o the Association. employees have the right to refuse two (2) recall positions. two (2) call positions have been refused, the Permanent Employee will be placed on the Term Assistants surplus list, permanently relinquishing Permanent employment status. (Term Instructional Assistants) Board shall provide notice of lay-off in accordancewith the minimum time required the StandardsAct and the amendments thereto, but not less than two weeks. This provision will not apply with respect to the following: layoff shall be by registered letter sent by the Board to the last recorded of the employee. The employee shall, if possible, be notified at least shall notify the Board of the intention to return to within ten (10) work days before of the layoff occurs; provided, however, such notice date that the letter was registered and shall return to within fifteen 5) days of the date that the letter was registered. It is understood tat this process will not prevent the Board meeting its operating requirements by the job temporarily with a Bargaining Unit employee or another employeewho is :called layoff. to the Board being able to manage the operations and meet the needs of the new employees not be required with respect hired when there are either Permanent Contract on layoff or Term Instructional Assistants on the surplus list who are ready, and able to temporary layoffs or lack of work occasioned by breakdown of machinery, floods, fires, utility failures, Acts of God, or other causes beyond fill the University's controlposition. When an employee is to be recalled from layoff, the University ARTICLE LAYOFF RECALL (Continued) Severance Pay (Permanent Instructional Assistants) Seniority employees shall notify the employee by telephone (confirmed by certified or hand delivered letter, copy to Chief Xxxxxxx) specifying the time to report back to work, which notice shall, if possible, not be less than five (5) work days prior to the reporting time. In order to be eligible for recallseverance pay if no position for which they are qualified or able to perform can be made available to them. Seniority employees will receive severance pay equal to two (2) weeks based on the last rate of pay and last working schedule for every year of service. Such employees understand that, any upon receipt of severance pay outlined above, their employment with the Halton District School Board has been terminated and that the Halton District School Board has no obligations. Recall lists will be maintained for employees affected by the layoff and such employees shall be recalled in reverse order of layoff. This is, the last employee who is to be laid off must keep will be the University currently advised in writing first employee to be recalled, provided they are qualified and willing to perform the job required. It will be the responsibility of their current whereabouts, address and telephone number, and any temporary changes thereof. The employee shall, within twenty-four (24) hours after receiving notice of recall, notify the University if for any reason the employee cannot report for work at to provide written notification of any changes in their address to the specified timeBoard. In the event an employee is unable to return to work due to illness or injury certified by a physician, the employee shall not lose their right to subsequent recall but the University may pass them over in order to fill an available position.LEAVES OF

Appears in 1 contract

Samples: Of Agreement

Layoff Recall. Section 1Xxxxxx Is unemployment due to work shortage. Bargaining unit employees shall be laid off and recalled on Service with the Employer is the basis of available work within each job classification. Layoffs shall be in reverse order of upon which seniority and recalls shall be in order of seniority; provided however, that in order to avoid layoff and in order to be subject to recall, the most senior employee within the affected classification must be qualified, is established in the judgment event of the University, to perform all available work. Any gross abuse of the University's discretion to judge qualifications shall be subject to the grievance procedure. Any employee who would otherwise be laid off may bump (i.e., replace) the least senior employee in another bargaining unit job classification if they previously held such job layoff or recall insofar as there is not interference with the University and remain qualified, in the judgment of the University, Employer’s operation employees are given ninety (90) days’ notice. Recall: Entitlement is limited to perform all work available in the job into which they are bumping. An employee who elects not to bump shall not lose their right to recall to the employee’s regular job, but shall lose their bumping rights for the duration of the layoff. When it becomes necessary to lay off an employee, such employee shall, if possible, be notified at least ten (10) work days before the layoff occurs; provided, however, such notice shall not be required with respect to temporary layoffs or lack of work occasioned by breakdown of machinery, floods, fires, utility failures, Acts of God, or other causes beyond the University's control. When an employee is to be recalled from layoff, the University shall notify the employee by telephone (confirmed by certified or hand delivered letter, copy to Chief Xxxxxxx) specifying the time to report back to work, which notice shall, if possible, not be less than five (5) work days prior to the reporting time. In order to be eligible for recall, any employee who is laid off must keep the University currently advised in writing of their current whereabouts, address and telephone number, and any temporary changes thereof. The employee shall, within twenty-four (24) hours after receiving notice months from date of layoff and is voided by: Refusal of vacancy. Failure to report intention to return within fourteen (14) days of registered mailing of recall, notify the University if for any reason the employee cannot report . Failure of availability for work within thirty (30) calendar days of registered mailing of recall. Certificated illness can be accepted as reason for excuse from requirements in Articles and or other reasons which will be considered justifiable. It shall be employee’s responsibility to keep the Employer notified of present address. Employee recalled shall be entitled to all privileges and conditions which enjoyed at the specified timetime of layoff or as amended under the Agreement. In No new shall be hired until all laid off employees have been given the event an employee is unable opportunity to return to work to fill vacancies for which they are qualified. Severance Severance Pay will be paid to employees who have had more than three (3) years of employment and are laid off due to shortage of work. For each week of continuous layoff, up to a maximum number of weeks equal to the number of years of service, the employee will receive one week’s straight-time pay. TEMPORARY TRANSFER Term When relief is required on a short term basis (less than weeks) it will be offered to the senior qualified employee available in the Department, Location and District which ever is most operationally convenient. Relief rates shall be paid as per Article Term Long term relief (more than weeks) will be offered to the senior qualified available employee in the Relief rates shall be paid as per Article When the Employer determines that relief is required and that relief is to be provided by another bargaining unit member, relief shall be by the senior qualified employee within the section. If no employees are qualified within the section, the relief shall be offered to the senior qualified employee within the Department. If no employees are qualified within the Department, the Employer may fill the relief requirement at its discretion. An employee relieving in a classification other than own that is included in this Agreement shall receive the rate is receiving in own classification except where the maximum of the relief classification is higher than the maximum of own classification. In this case, the relieving employee shall receive a increase or the minimum of the higher classification, whichever is greater, for the time worked. Time spent by relief employees required to attend meetings, training, or other business shall be considered time worked. When such meetings, training or other business is scheduled on a full day basis, employees must relieve the day before and the day after to qualify for the relief rate. Days accumulated in relief do not supersede classification seniority for promotion. The Employer shall not assign relief to a shift employee during scheduled days off except in an emergency. Once it is arranged to relieve a shift employee who has reported necessity for absence due to illness or injury certified by a physicianother cause, the arranged relief employee takes the shift and the relieved employee remains absent. A regular shift employee, who has been notified in advance of requirement to relieve in a higher classification, shall not lose their right be called upon to subsequent recall but the University may pass them over work a Public Holiday in order to fill regular work week on shift, except in cases of emergency. Any shift employee working on a shift schedule shall not be available for relief in a higher classification on regular except in an available positionemergency.

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. Section 1. Bargaining unit In the event of the following procedure will be followed: Probationary employees shall will be laid off and recalled on then, Employees in the basis of available work within each job classification. Layoffs shall be in reverse order of seniority and recalls shall be in order of their bargaining unit-wide seniority; provided however, . It is understood that in order the remaining employees as outlined above must have the ability to avoid layoff and in order to be subject to recall, perform the most senior employee within the affected classification must be qualified, in the judgment normal requirements of the University, remaining jobs. The Employer shall employees who are to perform all available work. Any gross abuse of the University's discretion to judge qualifications shall be subject to the grievance procedure. Any employee who would otherwise be laid off may bump seven (i.e., replace7) the least senior employee in another bargaining unit job classification if they previously held such job with the University and remain qualified, in the judgment of the University, to perform all work available in the job into which they are bumping. An employee who elects not to bump shall not lose their right to recall to the employee’s regular job, but shall lose their bumping rights for the duration of the layoff. When it becomes necessary to lay off an employee, such employee shall, if possible, be notified at least ten (10) work days before the layoff occurs; provided, however, such notice shall not be required with respect to temporary layoffs or lack of work occasioned by breakdown of machinery, floods, fires, utility failures, Acts of God, or other causes beyond the University's control. When an employee is to be recalled from layoff, the University shall notify the employee by telephone (confirmed by certified or hand delivered letter, copy to Chief Xxxxxxx) specifying the time to report back to work, which notice shall, if possible, not be less than five (5) work calendar days prior to the reporting timeeffective of layoff, or award pay in lieu thereof, unless a greater period of notice is required by legislation, in which case such greater period of notice or pay in lieu thereof shall be given. In If not possible to give seven (7)days notice, as much advance notice will given as is possible. The above will not apply to the junior four (4) employees. Employees shall have bumping rights in accordance with their seniority, Senior employees whosejob is not would have the right to displacejunior employees in the same Department first, then bargaining unit, provided they have the skills and qualification. Employees shall be recalled in the order to be eligible for recall, any employee who is laid off must keep the University currently advised in writing of their current whereaboutsBargaining Unit seniority, then in their Department where jobs become available, provided they have the ability to perform such jobs following a reasonable triai or training period. The Employer shall give notice of by registered mail to the last recorded address and telephone number, and any temporary changes thereofof employee. The employee shall, within twenty-four (24) hours after receiving notice shall the Employer advised at all times of a current address. No new employee be hired those laid off have been given the of recall, notify the University if . Laid off employees who wish to be notified of job vacancies other those to which they have recall rights may signify their desire in writing prior to layoff shall be entitled to apply for any reason the employee cannot report for work at the specified timesuch jobs. In the event an employee is unable to return to work due to illness or injury certified by a physician, the employee ARTICLE WAGES AND CLASSIFICATIONS Job classifications are set out in Schedule "A" of this Agreement. They shall not lose their right to subsequent recall but be changed or deleted, nor shall the University may pass them over in order to fill an available positionjobs themselves be altered or amended without discussion with the Union.

Appears in 1 contract

Samples: Collective Agreement

Layoff Recall. Section 1. Bargaining unit In the event of layoff, the following procedure will be followed Probationary employees shall will be laid off first; then, Employees in the reverse order of their bargaining unit-wide seniority. It is understood that the remaining employees as outlined above must have the ability to perform the normal requirements of the remaining jobs. The Employer shall notify employees who are to be laid off seven (7) calendar days prior to the effective date of layoff. or award pay in lieu thereof, unless a greater period of notice is required by legislation, in which case such greater period of notice or pay in lieu thereof shall be given. If not possible to give seven (7) days notice, as much advance notice will be given as is possible. The above will not apply to the junior four (4) employees. Employees shall have bumping rights in accordance with their seniority. e.g., Senior employees whose job is not functioning would have the right to displacejunior employees in the Department first, then bargaining unit, provided they have the skills and recalled on the basis of available work within each job classificationqualification. Layoffs Employees shall be in reverse the order of seniority and recalls their Bargaining Unit seniority, then in their Department where jobs become available, provided they have the ability to perform such jobs following a reasonable trial or training period. The Employer shall give notice of recall by registered mail to the last recorded address of the employee. The employee keep the Employer advised at all times of a current No new employee shall be hired until those laid off have been given the opportunity of recall. Laid off employees who wish to be notified of job vacancies other than those to which they have rights may signify their desire in order of seniority; provided however, that in order prior to avoid layoff and shall be entitled to apply for such jobs. ARTICLE WAGES AND CLASSIFICATIONS Job classifications are set out in order to Schedule "A" of this Agreement. They shall not be subject to recallchanged or deleted, nor shall the jobs themselves be or amended without discussion with the Union. Where a new job is established or where existing job duties are changed or the volume of work increased or decreased or where an employee is incorrectly classified, the most senior appropriate classifications, job descriptions, rates of pay and other related matters shall be discussed between the Employer and the Union. Failing agreement, the may be the subject of a grievance. The Employer shall pay salaries and wages as set out in Schedule "A" attached hereto and forming part of this Agreement. Each employee within shall be provided with an itemized statement of his wages,overtime, and other supplementary pay and deductions. Wages shall be paid weekly. The Employer may not make deductions from wages unless authorized by statute, court order, arbitration award, or by agreement With by the affected classification Employer. Supplementary agreements, if any, must be qualified, in the judgment writing and agreed to by both parties. and shall form part of the University, to perform all available work. Any gross abuse of the University's discretion to judge qualifications this Agreement and shall be subject to the grievance procedure. Any employee who would otherwise be laid off may bump (i.e., replace) the least senior employee in another bargaining unit job classification if they previously held such job with the University Grievance and remain qualified, in the judgment of the University, to perform all work available in the job into which they are bumping. An employee who elects not to bump shall not lose their right to recall to the employee’s regular job, but shall lose their bumping rights for the duration of the layoff. When it becomes necessary to lay off an employee, such employee shall, if possible, be notified at least ten (10) work days before the layoff occurs; provided, however, such notice shall not be required with respect to temporary layoffs or lack of work occasioned by breakdown of machinery, floods, fires, utility failures, Acts of God, or other causes beyond the University's control. When an employee is to be recalled from layoff, the University shall notify the employee by telephone (confirmed by certified or hand delivered letter, copy to Chief Xxxxxxx) specifying the time to report back to work, which notice shall, if possible, not be less than five (5) work days prior to the reporting time. In order to be eligible for recall, any employee who is laid off must keep the University currently advised in writing of their current whereabouts, address and telephone number, and any temporary changes thereof. The employee shall, within twenty-four (24) hours after receiving notice of recall, notify the University if for any reason the employee cannot report for work at the specified time. In the event an employee is unable to return to work due to illness or injury certified by a physician, the employee shall not lose their right to subsequent recall but the University may pass them over in order to fill an available positionArbitration Procedures.

Appears in 1 contract

Samples: Collective Agreement

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Layoff Recall. Section 1For all officers appointed prior to the revocation of civil service layoff and recall will continue to be governed by MGL c. 31 pursuant to MGL c. 4 sec 4B. For all officers appointed after the revocation of civil service layoff and recall shall in inverse order of hiring and any recall to work shall be based on seniority. Bargaining unit No officer appointed prior to the revocation of civil service will be laid off before all officers appointed after the revocation of civil service have been laid off. For the purposes of this Agreement, the term "layoff" means a reduction in the number of employees due to lack of work, lack of funds or elimination of position. In the event of a layoff, the least senior employee(s) shall be laid off and recalled on first. In any such case a five (5) days' advance notice of the basis of available work within each job classification. Layoffs contemplated layoff shall be given to the employee in reverse order writing; a copy of seniority and recalls such notice shall also be given to the Union. A laid-off employee shall have recall rights for a maximum period of five (5) years. Recall shall be in order of seniority; provided however, that in order to avoid layoff and in order to be subject to seniority with the employee with the highest level of seniority having first right of recall, the most senior employee within the affected classification must be qualified, in the judgment . Notice of the University, to perform all available work. Any gross abuse of the University's discretion to judge qualifications recall shall be subject to the grievance procedure. Any employee who would otherwise be laid off may bump (i.e., replace) the least senior employee in another bargaining unit job classification if they previously held such job with the University and remain qualified, in the judgment of the University, to perform all work available in the job into which they are bumping. An employee who elects not to bump shall not lose their right to recall via certified mail to the employee’s regular job, but shall lose their bumping rights for the duration of the layofflast known address. When it becomes necessary to lay off an employee, such A recalled employee shall, if possible, be notified at least ten (10) work days before the layoff occurs; provided, however, such notice shall not be required with respect to temporary layoffs or lack of work occasioned by breakdown of machinery, floods, fires, utility failures, Acts of God, or other causes beyond the University's control. When an employee is to be recalled from layoff, the University shall notify the employee by telephone Chief of Police within fourteen (confirmed by certified 14) calendar days of mailing of the recall notice of his or hand delivered letter, copy her intention to Chief Xxxxxxx) specifying the time to report back to work, which notice shall, if possible, not be less than five (5) work days prior return to the reporting timeBurlington Police Department. In Any person refusing or failing to exercise such recall opportunity within such fourteen (14) day period shall be deemed to have waived his or her right of recall permanently and absolutely. Employees must be available to work within twenty-one (21) calendar days of receiving notice in order to be eligible for recall. This requirement may be waived with the agreement of the Chief of Police. Prior to returning to work, any a recalled employee who is laid off must keep may be required to undergo a physical examination, or such other examination or investigation as the University currently advised in writing Chief of their current whereaboutsPolice deems necessary and appropriate. If, address and telephone numberbased on the results of such examination or investigation, and any temporary changes thereof. The employee shall, within twenty-four (24) hours after receiving notice the Chief of Police rescinds the offer of recall, notify the University if for any reason he/she shall provide the employee cannot report with a written statement of his reasons for work the rescission. This rescission may be subject to the grievance and arbitration provisions of the contract. Laid off employees will be responsible to maintain eligibility for POST certification, provided that laid off employees are allowed to attend department training sessions, if such trainings are available at the specified time. In the event an employee is unable no cost to return to work due to illness or injury certified by a physician, the employee shall or the Town. Laid off employees will be allowed to attend courses which involve a cost provided they pay their portion of the costs. Laid off employees who attend such Town- sponsored training sessions and/or courses shall, as a condition of attendance, sign a Release of All Claims on a form provided by the Town indicating that they are participating on an unpaid voluntary basis and not lose their right to subsequent recall but as employees of the University may pass them over Town and, except in order to fill an available positioninstances involving gross negligence on the part of the Town, they accept all risks associated with participation in the program.

Appears in 1 contract

Samples: Agreement

Layoff Recall. Section 1. Bargaining unit Indefinite Layoff (more than three working days) When the Company determines a reduction in the workforce or a portion of the workforce is in order, employees shall will be removed from the classifications directly or indirectly affected based on plant seniority (least senior first) and will be placed elsewhere in the plant or laid off and recalled based on the basis of available work within each job classification. Layoffs shall be in reverse order of plant seniority and recalls shall ability. Where all things are relatively equal, the senior employee will be retained. Employees in order interchangeable classifications will not be able to displace employees in non-interchangeable classifications unless they have previously demonstrated the ability to perform the duties of seniority; provided that classification satisfactorily. Probationary employees will be the first to be removed from the plant. This is not intended, however, to allow the displacement of probationary employees in skilled classifications by seniority employees in interchangeable classifications or other unrelated non-interchangeable classifications. So far as practical, the Company will give those employees who are affected by indefinite layoffs three days’ notice. An exception to the first paragraph of this article will be the Voluntary Leave procedure, that allows seniority employees in order to avoid the classification affected by the layoff and in order to be subject able to recalltake a Voluntary Leave ahead of the junior employees affected. So far as practical, the most senior employee within the affected classification must be qualified, seniority employees who are interested in the judgment of the University, to perform all available work. Any gross abuse of the University's discretion to judge qualifications shall be subject to the grievance procedure. Any employee who would otherwise be laid off may bump (i.e., replace) the least senior employee Voluntary Leave must register in another bargaining unit job classification if they previously held such job writing with the University and remain qualified, in the judgment of the University, Employee Relations department no later than one week prior to perform all work available in the job into which they are bumping. An employee who elects not to bump shall not lose their right to recall to the employee’s regular job, but shall lose their bumping rights for the duration of the layoff. When it becomes necessary Employees who have been out of the plant on Voluntary Leave for sixty (60) days or more may elect to lay off an employeereturn, such employee shallseniority permitting. The order of return will be first to their home classification, if possible, be notified then plant. Employees wishing to return from Voluntary Leave must advise the Employee Relations department in writing at least one week in advance. Under no circumstances will any employee be terminated under the Loss of Seniority section of this Agreement while on Voluntary Leave status except as provided for in the Recall from Layoff/Voluntary Leave section. Short term layoff (three working days or less) A short term layoff applies where reductions will not exceed three working days. The Company will not use the Short Term Layoff to circumvent Indefinite Layoffs. Layoffs under this section will be by seniority in the classification on the shift in the plant. In cases of a layoff of less than a full shift, the Company will continue to offer employees affected the option of voluntarily going home. Recall from Layoff/Voluntary Leave Employees will be recalled to available work using the same principle as above. Employees who are recalled after having been on Layoff / Voluntary Leave for ten (10) consecutive work days before may refuse the layoff occurs; provided, however, recall if they are working as a full-time employee for another company and can document such notice shall not be required with respect to temporary layoffs or lack of work occasioned by breakdown of machinery, floods, fires, utility failures, Acts of God, or other causes beyond the University's control. When an employee is to be recalled from layoff, the University shall notify the employee by telephone (confirmed by certified or hand delivered letter, copy to Chief Xxxxxxx) specifying the time to report back to work, which notice shall, if possible, not be less than five (5) work days prior to the reporting time. In order to be eligible for recall, any employee who is laid off must keep the University currently advised in writing within three days of their current whereabouts, address and telephone number, and any temporary changes thereof. The employee shall, within twenty-four (24) hours after receiving notice of recall, notify the University if for any reason the employee cannot report for work at the specified time. In the event an employee is unable date they are to return to work due to illness or injury certified by a physician, the for Xxxxxxx Controls. No employee shall not lose their have the right to subsequent recall but the University may pass them over in order to fill an available positionmore than one such refusal. Further, such employees will remain on layoff and will be governed by all appropriate contract provisions.

Appears in 1 contract

Samples: Agreement

Layoff Recall. Section 1. Bargaining unit employees shall be laid off and recalled on the basis In all other cases of available work within each job classification. Layoffs shall be in reverse order of seniority and recalls shall be in order of seniority; provided however, that in order to avoid layoff and in order to be subject to recalllayoff, the most senior Hospital shall give each employee within the affected classification must be qualified, in the judgment of the University, to perform all available work. Any gross abuse of the UniversityBargaining Unit who has acquired seniority one week's discretion to judge qualifications shall be subject to the grievance procedure. Any employee who would otherwise be laid off may bump (i.e., replace) the least senior employee in another bargaining unit job classification if they previously held such job with the University and remain qualified, in the judgment of the University, to perform all work available in the job into which they are bumping. An employee who elects not to bump shall not lose their right to recall to the employee’s regular job, but shall lose their bumping rights for the duration of the layoff. When it becomes necessary to lay off an employee, such employee shall, if possible, be notified at least ten (10) work days before the layoff occurs; provided, notice provided however, such notice shall not be required with respect to temporary layoffs or lack if the layoff occurs because of work occasioned by breakdown of machineryemergencies (for example, floodsfire, fires, utility failures, Acts act of God, power failure or other causes beyond the University's control. When an employee is to be recalled from layoff, the University shall notify the employee by telephone (confirmed by certified or hand delivered letter, copy to Chief Xxxxxxx) specifying the time to report back to work, which notice shall, if possible, not be less than five (5) work days prior to the reporting time. In order to be eligible for recall, any employee who is laid off must keep the University currently advised in writing of their current whereabouts, address and telephone number, and any temporary changes thereof. The employee shall, within twenty-four (24) hours after receiving notice of recall, notify the University if for any reason the employee cannot report for work at the specified timeequipment 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 unable 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 so will be deemed to have accepted the layoff. An employee shall have the 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. 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 a 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, 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 due and have failed to illness notify the Hospital of their intention to do so, in accordance with below, or injury certified have been found unable to perform the work available. WORK OF THE BARGAINING UNIT: Work of the Bargaining Unit Employees not covered by a physicianthe terms of this Agreement will not perform duties normally assigned to those employees who are covered by this Agreement except for the purposes of instruction, the employee shall experimentation, or in emergencies when regular employees are not lose their right to subsequent recall but the University may pass them over in order to fill an available positionreadily available.

Appears in 1 contract

Samples: Collective Agreement

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