Common use of Layoff Clause in Contracts

Layoff. A. Members who are to be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 3 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

Layoff. A. Members who 27.5.1 Where a layoff may occur, the identification of individual(s) to be declared surplus within an administrative district or unit, institution or other such work unit shall be in accordance with seniority (years of continuous service in the OPS, as currently defined) in the job functions that the Employer has determined are to be laid-off reduced or eliminated. The subsequent matching process and direct assignment into vacancies, bumping, layoff, and recall shall also be in accordance with seniority, subject to the conditions set out in this Agreement. 27.5.2 Where less than the full complement of positions within an administrative district or unit, institution or other such work unit will be notified as soon as possible and in no event will be provided less than fourteen declared surplus: (14a) days written notice. The word "layoff" shall mean a reduction the employees in the work force due unit will be given as much notice as possible that reductions will occur and will be informed of the probable impact on staff. Not less than three (3) weeks prior to a decline the declarations of surplus the employees will be advised of the number of positions that are to be reduced; notice shall also simultaneously be given to AMAPCEO. (b) all employees in student enrollmentthe work unit will be offered the opportunity to volunteer for pay-in-lieu options under Article 27. 7.1 alternate work arrangements, lack and/or unpaid leaves of funds, elimination of a positionabsence, or other unforeseen circumstancesworkforce measures in order to avoid or minimize surplus notices. Employees will be advised that they must complete their portion of the employee portfolio within one week if they have not already done so; (c) requests to exercise a pay-in-lieu option under Article 27. B. Layoff, should it 7.1 from employees in the job functions to be necessary, shall take place by classification based reduced will be approved on the basis of seniority according up to the following procedure: 1. Probationarynumbers required; 2. Non-probationary; 3. Member who is (d) the Employer shall give all reasonable consideration to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-offrequests for alternate work arrangements, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same unpaid leaves of absence or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniorityother proposed workforce measures; and c. The Member satisfies (e) any additional employees in the posted qualificationsunit who have indicated their willingness to take a pay-in-lieu option may register pursuant to Article 27.4. C. Laid(f) where an employee who will be the subject of a surplus notice irrevocably declares that he or she chooses not to accept a direct assignment, a bump, or to remain available for direct assignment or where an employee volunteers to take pay-off Members shall in-lieu or a retirement pension bridging option (excluding Surplus Factor 80), the Employer will not seek a direct assignment or bump for that employee. For clarity, this will not affect an employee’s other entitlements including pay-in-lieu, retirement/pension bridging options (excluding Surplus Factor 80) in his/her surplus notice. 27.5.3 Where the full complement of positions within an administrative district or unit, institution or other such work unit will be declared surplus: (a) the employees in the work unit will be given preference over new hires as much notice as possible that reductions will occur and will be informed of the surplus decision. Not less than three (3) weeks prior to available bargaining unit vacancies the declarations of surplus, the identified employee(s) will be advised in other classifications, provided they meet the posted qualifications. If a laid- off Member fails writing that their position(s) will be declared surplus; notice shall also simultaneously be given to satisfactorily complete the probationary period AMAPCEO. (b) all employees in the other classificationwork unit will be offered the opportunity to voluntarily exit by electing a pay-in-lieu option under Article 27.7.1, or a retirement or pension bridging option. Where an employee so declares, the laidEmployer will not seek a direct assignment or bump for that employee. For clarity, this will not affect the employee’s other entitlements including pay-off Member shall remain on the layoff list for the previous classificationin-lieu, retirement/pension bridging options (excluding Surplus Factor 80) in his/her surplus notice. D. Members (c) requests to voluntarily exit from employees who are involuntarily in-active receive notice under this article must be submitted within one (i.e.1) week from receiving advance notice under this Article. (d) requests, on layoff or non-permanent assignment has endedunder this Article, to exercise an exit option, will be approved. (e) who wish to work as substitutes shall submit For clarity, if an employee does not request a written request within thirty E. The layoff provisions of voluntary exit option under this Agreement article, it will not apply affect or preclude his or her entitlement to Members the voluntary exit (including any retirement/pension bridging option) if the employee subsequently receives surplus notice. (f) an employee who are hired requests to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and voluntarily exit under this article may not retire on an unreduced pension under the Surplus Factor 80 option in no event will be provided less than two Article 27.20 if he or she is directly assigned to a vacancy under Article 27.8. The employee must notify the Employer within one (21) weeks written notice week from being advised of the assignment’s ending datedirect assignment if he or she chooses to rescind their initial request to voluntarily exit as per 27.5.3.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Layoff. A. Members who are to A layoff shall be laid-off will be notified defined as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due force, an employee's position being eliminated, or a reduction in the employee’s regular hours of work as defined in this Agreement. (a) The Employer will give as much notice as is feasible but not less than thirty (30) calendar days to the employee(s) directly affected. (b) Employees shall be laid off in reverse order of their bargaining unit seniority. (c) For Parks, Recreation and Culture staff, for a decline program of ten (10) weeks or less, the reduction in student enrollment, lack of funds, elimination hours will not constitute a layoff and bumping within the Instructor group cannot occur unless the person affected has no assignments. Bumping within the Instructor group cannot occur after the commencement of a position, or other unforeseen circumstancesprogram. B. Layoff(d) Employees who have received layoff notice or who have been bumped shall have the right to bump employees with less seniority, should it be necessary, shall take place by classification based on seniority according to the following procedureprovided that: 1. Probationary(i) employees exercising that right have the required qualifications to perform the duties of the position they wish to bump into; 2. Non(ii) the right to bump shall include the right to bump up where an employee is unable to exercise their bumping rights to retain a similar shift, benefits and ninety-probationary;five percent (95%) of gross pay. 3. Member (e) The incumbent employee(s), whose hours have been reduced or whose position has been eliminated or who is have been bumped, will have five (5) working days to advise the Employer of their intent to: (i) accept the reduction in hours and remain in the position; or (ii) exercise their seniority rights; or (iii) to be laid-off in one classification and who has acquired placed on the recall list. (f) The Employer shall provide a current seniority in another classification may bump list specifying the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-offname(s), position(s) held, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hourshours of work, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsfull time or part time status and incumbent employee’s seniority date. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the (i) Employees who have received layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions notice will be notified as soon as possible and in no event advised of any postings that may have closed but have not yet been awarded. Such employees, if they believe they are qualified for such postings, will be provided less than two (2) weeks written have one working day after receipt of notice of the assignment’s ending dateunfilled posting to have their name added to the list of applicants. (ii) Upon moving into their new position, employees will be required to complete a trial period as per 14.03(a). If employees do not successfully complete this trial period, they will be placed on the recall list. (h) Providing the laid off employee is qualified, they shall receive first option in line of seniority for all Auxiliary employment and seniority shall accrue for all time worked. (i) Any permanent employee who is laid off shall have recall rights to their former classification for a period of eighteen (18) months provided they remain qualified. (j) Employees on the recall list shall be recalled to positions in order of bargaining unit wide seniority provided they are qualified. New employees shall not be hired until those laid off have been given the opportunity of recall. (k) In the event of a vacancy occurring while employees are laid off, Article 14 applies to all employees, including employees on the recall list. The Employer shall notify employees on the recall list of all vacancies. (l) Recall notices will be sent by registered mail to the employees being recalled with copies to the First Vice President, Second Vice President (▇▇▇▇▇▇▇▇ River), and President of the Union. (m) Grievances concerning ▇▇▇▇▇▇ and recalls shall be initiated at Step 3 of the Grievance Procedure.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Layoff. A. Members who Upon notice of layoff, the affected employee may accept the layoff or exercise one of the following rights, if applicable, in the following order: Option 1: Bump the employee with the least seniority in their same job classification within their “area.” For purposes of this Section 17.8.2, the “areas” are to be laid-off will be notified as soon as possible the Nursing Home, the Hospital, and in no event will be provided the Clinic. If the FTE for the position that had been held by the bumped employee is less than fourteen (14) days written notice. The word "layoff" the bumping employee’s current FTE, the bumping employee’s name shall mean be placed on the recall list for that particular job classification, and the bumping employee shall have recall rights to a reduction position in the work force due same job classification for a period not to a decline exceed one (1) year in student enrollment, lack accordance with the terms of funds, elimination of a position, or other unforeseen circumstancesSections 17.9 and 17.10. B. LayoffOption 2: If and only if Option 1 is not available, should it be necessary, shall take place by classification based on seniority according to then the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification affected employee may bump the employee with the least senior Member seniority in that classification; and; 4their same job classification elsewhere within the bargaining unit (all other areas). If more the FTE for the position that had been held by the bumped employee is less than one Member in a classification is laid-offthe bumping employee’s current FTE, the affected Members bumping employee’s name shall select from available positions be placed on the recall list for that particular job classification, and the bumping employee shall have recall rights to a position in the same job classification for a period not to exceed one (1) year in accordance with their senioritythe terms of Sections 17.9 and 17.10. Option 3: If and only if Option 1 is not available, then this Option 3 is available to the affected employee. The following stipulations will apply: a. The position involves Employer shall provide the same or greater number employee with a list of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to open and available bargaining unit vacancies in other classificationspositions at the time that this step occurs. The employee may elect an open position for which the employee is qualified to perform the duties of the position, provided they meet the posted qualificationswith or without minimal training and orientation not to exceed a maximum of 80 (eighty) hours. If a laid- off Member fails to satisfactorily complete multiple affected employees who reach this step elect the probationary period same position and are qualified (as defined in the other classification, previous Option 4: A CentraCare recruiter will meet with the laid-off Member shall remain on employee to discuss possible employment opportunities within the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice system outside of the assignment’s ending datebargaining unit.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. A. Members 17.2.1 Persons laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3. 17.2.2 Employees who are take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be laid-considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply. 17.2.3 Layoff shall be handled as follows: a) By seniority in classification. b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first. c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative. 17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority. 17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in subject to layoff for the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is employees to be laid-laid off in one classification and who has acquired seniority in another classification may bump at the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number end of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members such school year shall be given preference over new hires written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to available bargaining unit vacancies in the effective date of their layoff. 17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other classificationsdisplacement rights, provided they meet if any and recall rights. 17.2.7 Not precluding the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classificationsixty (60) day notice required by 17.2.5 and 17.2.6 above, the laid-off Member shall remain on District will make a good faith effort to notify the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions CSEA Executive Board of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified pending layoffs as soon as possible is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association. 17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in no the event will be provided less than two (2) weeks written of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice of the assignment’s ending daterequired by Sections 17.2.5 and 17.2.6.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. A. Members who 1. Provided that fitness and ability are to be laid-off will relatively equal, then layoffs or reduction in hours shall occur in the inverse order of seniority of the employees within the classification at the campus affected by such layoffs. 2. In the event of a lack of work situation, the employees of the affected classification of the affected College, and the Federation President, shall be notified in writing as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due to a decline in student enrollment, lack of funds, elimination work situation is identified. a) Notification shall activate this Article. b) Specific cause for the lack of a positionwork situations shall be stated. c) The number of positions to be laid off, or other unforeseen circumstances. B. Layoff, should it hours to be necessaryreduced, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary;be listed. 3. Member who is The following shall be the sole procedure for layoff or reduction in hours: a) The Federation shall be granted fifteen (15) working days from receipt of notification of a lack of work situation to propose alternative actions, in writing, to the College President. b) Immediately following the receipt of such written proposals, the College President shall have five (5) working days to respond to such alternative proposals. c) Nothing herein shall preclude informal meetings between the parties to discuss alternatives to layoffs or reduction in hours. d) The College's refusal to accept suggestions made under (b) or (c) above, with respect to alternatives to layoff, shall not be laidsubject to the grievance and arbitration provisions of this Agreement. e) Written notice of layoff or reduction in hours shall be sent to affected employees no later than forty (40) calendar days prior to such layoff or reduction in hours. The 40-off in one classification and who has acquired seniority in another classification may bump day time requirement stated herein shall begin to run upon notification to the least senior Member in that classification; and;employees under Section 2 above. 4. If more than one Member An employee who is laid off shall be paid all earned benefits to which otherwise entitled in a classification lump sum payment upon the effective date of layoff. 5. An employee who is laidlaid off on or after July 1, 1994, pursuant to this Article, shall continue to have the same group medical, disability insurance, dental insurance and group medical/hospitalization insurance, including any applicable premium co-offpayment, for the two months following the month in which the employee was separated, provided the employee retains recall rights under this contract. 6. An employee who is laid off shall continue to retain all the rights and benefits under Article 41, Tuition Waivers, for the length of any recall period under this Agreement. 7. If at the time of notification of layoff an employee is within two years of meeting the eligibility requirements of Article 35 (Retirement and Continuing Benefits) Section 3 or 6, the affected Members shall select from available positions in accordance with their seniority. The following stipulations employee will apply: a. The position involves be deemed to have met the same or greater number eligibility requirements of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsappropriate sections. C. Laid-off Members shall be given preference over new hires to available 8. Any employee who has at least 10 years of bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If service and who is laid off will receive a laid- off Member fails severance payment equal to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list one week’s base salary for the previous classificationevery full year of service. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. A. Members 1. Temporary and probationary County-funded employees in the department shall be separated first. 2. Additional layoffs shall be based on the following criteria in the following order: a. The seniority of the employees in the affected classification series within the department. b. The relative ability and qualifications of the employees as determined by the department head within the affected classifications of his/her department. c. In the event that (a) and (b) are equal, preference will be given based on the last four (4) digits of the employee’s Social Security number with the smaller number being first. 3. Seniority will be based on continuous service with the County, 1) in the affected classification, or 2) classification in the same series at a higher salary grade in the event an employee has been reduced in grade in accordance with this Article. Creditable service for seniority must be in a permanent or permanent-intermittent position with the County. 4. As a result of the application of this layoff procedure, the County may cause the reassignment, transfer, reduction in grade, or any combination thereof, or the layoff of an employee. 5. All permanent status personnel who are affected by layoff shall have the right to elect a reduction in grade to a lower classification. 6. No employee will have the right to bump to a position in another department, outside the bargaining unit, or to bump a position of a higher salary grade than he/she currently fills. A permanent employee to be laid-laid off will be notified as soon as possible may bump a temporary or probationary employee of the same classification in the department and in the bargaining unit if the employee voluntarily agrees to commute or relocate at no expense to the County. 7. An employee reduced in grade may have his/her salary reduced and in no event shall exceed the maximum for the class, but shall not have his/her anniversary date adjusted. 8. The assignment of an employee to a position within a classification will be provided less than fourteen (14) days written noticeat the discretion of the department head. 9. The word "layoff" shall mean a reduction in the work force Separation due to a decline in student enrollment, lack layoff shall require the giving of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the at least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice to the employee, or payment in lieu of notice, of an equivalent amount of the assignmentemployee’s ending datebase salary by the County. 10. No permanent employee initially hired into and serving in a grant-funded position may initiate a bump into a County-funded position unless he/she is displaced by someone who has bumped him/her. Employees electing to bump into grant-funded positions have no property right to the position or County service if the funding ceases. 1. Any permanent status employee reduced in grade or laid off under this Article shall, based on seniority, have his/her name placed on an appropriate County recall list/lists for a period of two (2) years. Previous employees shall be notified by certified mail, return receipt requested, at their last known address and shall within ten (10) calendar days of receipt respond affirmatively by certified mail or in person that they are accepting the offer of recall. Failure to respond in a timely manner will mean that the person has refused the offer of recall and the person will be removed from the recall list/lists. An employee must be available for work within two (2) weeks of acceptance of the offer. 2. When positions become available in a class in the department and in the bargaining unit, personnel who have been laid off or reduced in grade in that class from that department shall be recalled in inverse order of layoff. The order of recall shall be: a. Employees who are reduced in grade based on the same criteria in Section 1(b). b. Former (laid off) employees who held a position in the same class based on the same criteria in Section 1(b). c. Former employees who held a position in the same series. In the event that a classification has only had a change in title, employees on the old recall list/lists shall be placed on the new respective list/lists. 3. Upon recall after layoff, the time that the person was on layoff shall be counted as a break in service.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. A. Members who are In the event management determines the necessity to reduce the numbers of employees in a shift, department, or classification in the plant, the following procedure shall be followed: 13.01 Probationary and temporary employees will be laid off first. This may not apply to employees in a skilled trade or mould mechanic role. 13.02 Such reduction in the workforce will be consistent with the Company’s right to maintain a workforce, which has, at the time of lay-off, the qualifications and ability to perform the work available. 13.03 On the basis of their seniority, senior employees affected by the reduction in workforce will displace the most junior employee: a) Within their classification b) And then they will displace the most junior employee in the plant. 13.04 In cases of a temporary lay-off, not to exceed five (5) working days, an employee may be laid-off without regard to seniority, except between employees in the same classifications and shift as defined in 13.03. 13.05 When an employee returns to work from a non-occupational illness or injury, occupational illness or injury, or other Company approved leave of absence, they will be notified as soon as possible reinstated in their former classification and in shift, seniority permitting, if such position exists. If no event such position exists, they will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the exercise seniority per clause 13.03 of this article. 13.06 If no work force due to a decline in student enrollmentis available because of fire, lack of fundspower, elimination act of God, or for any other reason beyond the control of the Company employees may be laid off and the layoff notice provisions of Article 13 will not apply. 13.07 The Plant Committee shall be retained in their respective area of representation, in the event of a positionlayoff regardless of their position on the seniority list. If no such work is available, or other unforeseen circumstances. B. Layoff, should it they will be necessary, shall take place by classification based on seniority according to laid off under the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laidlay-off provisions of the Collective Agreement. Union Stewards shall be retained in one classification and who has acquired seniority their respective area of representation, on their respective shifts, in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in event of a classification is laidlay-off, regardless of their position on the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualificationsseniority list. If a laid- no such work is available they will be laid off Member fails to satisfactorily complete under the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending dateCollective Agreement.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Layoff. A. Members who are to 11.1.1 A layoff for the purpose of this Article shall be laid-off will be notified considered as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean an involuntary separation of a reduction in the work force permanent or probationary classified employee from active service due to a decline in student enrollment, lack of funds and/or lack of work. 11.1.2 “Layoff for lack of funds” or “layoff for lack of work,” includes any reduction in hours of employment or assignment to a class or grade lower than that in which the employee has permanence, elimination voluntarily consented to by the employee, in order to avoid interruption of a positionemployment by layoff - Education Code section 45101(g). Prior to the decision to reduce hours in lieu of layoff, or other unforeseen circumstancesthe District and CSEA will meet and confer. B. Layoff11.1.3 Layoffs shall be made on a District-wide basis, should it in inverse order of seniority within class. 11.1.4 Seniority shall be necessaryearned by hire date in each classification worked. 11.1.4.1 If two (2) or more employees subject to layoff have equal seniority, the determination of which is to be laid off first shall take place be made by classification based on lottery. 11.1.5 An employee laid off in one (1) class who previously gained permanent status in an equal or lower class may bump into that class provided his/her seniority according to is greater than the following procedure:least senior employee in that equal or lower class. 1. Probationary;11.1.6 An employee displaced as a result of being bumped shall have the same bumping rights as stated in Paragraph 11.1.5 above and such other rights as granted in this Article. 2. Non-probationary;11.1.7 An employee who elects separation in lieu of either bumping or assignment into a lower class shall maintain his/her reemployment rights as defined under this Article. 3. Member 11.1.8 A permanent or probationary employee who is to be laid-laid off shall be offered any temporary position available at that time in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4District for which the employee is qualified. If more than one Member in accepted by the employee, his/her effective date of layoff shall be determined by the expiration of that temporary position. If declined, there shall be no effect upon the employee’s reemployment rights. 11.1.9 Before a classification is laid-offlayoff occurs, the affected Members District shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members develop a seniority list which shall be given preference over new hires made available to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classificationUnion. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 3 contracts

Sources: Contract Agreement, Contract Agreement, Contract Agreement

Layoff. A. Members who are (a) Employees shall be laid off in the order of reverse seniority. (b) Medical and Dental coverage for laid off employees shall cease as of the last day of the month during which the layoff commenced. All other benefits shall cease on the day of the layoff. (c) At least 5 working days prior to be laid-off their effective date of layoff employees will be notified as soon as possible and required to elect in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction writing to avail themselves of the procedures set forth in the work force due to a decline in student enrollmentSection 10.5, lack of fundsRecall OR Section 10.6, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4Compensation. If more than one Member in a classification is laid-an employee fails to make such election within the specified period the employee shall be deemed to have elected compensation pursuant to Section 10.6. 5. Recall In recalling employees who have been laid off, the affected Members following terms and conditions shall select from available positions in accordance with their seniority. The following stipulations will applyapply only to laid off employees who have elected this process pursuant to paragraph (c) of Section 10.4: a. The position involves the same or greater number (a) No new employees shall be hired following a layoff until those employees who were laid off have been given a reasonable opportunity of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsrecall as detailed below. C. Laid-(b) Subject to the provisions below, laid off Members employees shall be given preference over new hires recalled in order of seniority, and shall retain their right to available bargaining unit vacancies in other classifications, provided they meet be recalled for 3 years immediately following the posted qualifications. If date of layoff. (c) Laid off employees shall be responsible for ensuring that the Employer is notified of their most current mailing address and telephone number. (d) In recalling a laid- laid off Member fails to satisfactorily complete the probationary period in the other classificationemployee, the laidEmployer shall advise the employee by double-off Member registered letter directed to the latest mailing address provided by the employee, and shall remain on also advise the layoff list for the previous classificationAssociation by copy of such letter. D. Members (e) A laid off employee who are involuntarily in-active does not respond within 7 calendar days of the initial attempt of the Employer to contact him or her shall have no further right to recall under this Section. (i.e.f) Upon making contact with a laid off employee as outlined in paragraph (d) above, the Employer shall notify the employee of the time and place for reporting to work, providing that the Employer shall, on layoff or non-permanent assignment has ended) who wish request, allow the employee to report to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply up to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice 14 days from the date of the assignment’s ending dateEmployer's initial attempt to contact the employee, or at the discretion of the Employer whose approval shall not be unreasonably withheld, up to an additional 14 days. (g) A laid off employee who refuses to or does not report to work at the time and place as determined in paragraph (f) above shall have no further right to recall under this Section. (h) Nothing in this clause shall prohibit an employee who has forfeited his or her rights to recall from applying for vacancies following such time as all eligible laid off employees have been given a reasonable opportunity of recall.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff. A. Members 22:01 Where by reason of a shortage of work or funds, or the abolition of a position or material changes in duties or organization, the Employer determines that a layoff(s) is necessary, the Employer shall determine the classification(s) from which the layoff(s) are to take place. 22:02 The Employer shall determine the employees within each classification from which employees are to be laid off. 22:03 Where the layoff(s) of employee(s) is necessary, the Employer shall provide the Union with written notice not less than twenty (20) calendar days prior to the date of layoff(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected. 22:04 Employees selected for lay-off, except for term employees with less than one (1) year seniority, will be provided with four (4) weeks’ notice or payment in lieu thereof. Where a term employee is being laid off at the end of a specific term of employment or after completion of a job for which the employee was specifically employed, no notice of layoff is required. The Union shall be provided with a copy of all layoff notices issued. 22:05 Two (2) weeks’ notice or payment in lieu thereof shall be provided to term employees with less than one (1) year of seniority who are selected for layoff. 22:06 In determining the order of layoff of employees, seniority shall be the determining factor. This Section is subject to the requirement that the 22:07 An employee selected for layoff may exercise an option to displace the most junior employee in the same classification or in an equivalent or lower classification, based on the bi-weekly rate of pay in the pay plan, subject to the following: (a) A term employee laid off prior to the expiry of his/her term may only displace another term employee with the same scheduled expiry date; (b) The employee exercising the displacement option must have the qualifications and ability to perform the work of the person he/she is seeking to displace; (c) The employee may only decline the displacement opportunity if the position is in a location which would require a change in residence of the employee; (d) If the employee cannot displace the most junior employee or declines the displacement option in accordance with subsection (c), the employee may then elect to displace the next most junior employee. The process will continue in this manner until there are no displacement opportunities. 22:08 An employee who is displaced pursuant to 23:07 shall be given notice of lay- off and may, in turn exercise an employment displacement option as set out in 23:07. The process will continue in this manner until there are no displacement opportunities. 22:09 An employee who is entitled to displace another employee in accordance with the provisions of this Article may have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the 22:10 For purposes of this Article, “Qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental, and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid-off off, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due required to a decline in student enrollmentperform, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-offfair, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hoursreasonable, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or and non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending datediscriminatory manner.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff. A. Members who In the event the Hospital must reduce the workforce for a period of 23 14 continuous calendar days or more in a given unit, ONA can request a meeting with 24 the leadership in the unit to review the reasons for the reduction in workforce and 25 whether a layoff should be initiated. The meeting will be scheduled within five business 26 days. Once the parties have met, if it is determined that a layoff is needed, the Hospital 27 shall institute a layoff that will be in reverse order of seniority provided the nurses 28 remaining on the unit are qualified to perform the work to be laid-off done. If unable to agree in 29 the meeting, ONA can demand a layoff be initiated. Nothing in this language prevents 30 the Hospital from initiating a layoff. 32 The Hospital will be notified provide as soon much advance notice as possible and reasonably possible, but in 33 all cases, in accordance with Article 5.4 - Notice of Termination, in no event case will this 34 notice be provided less than fourteen (14) days written notice21 calendar days. The word "layoff" shall mean a reduction A nurse selected for layoff will have the following 35 steps in the work force due following order. For purposes of this Article, similar category applies to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 11 "benefited" positions and "relief' positions. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may Benefited nurses can bump the least senior Member 2 benefited nurse, and relief nurses can bump the least senior relief nurse in that classification; and; 4each step. If more than one Member 3 multiple positions are being eliminated, the most senior nurse shall exercise their choice 4 among the available options first. In the event that the Hospital is eliminating an entire 5 unit, job classification, or major portion thereof, or is combining or separating units, the 6 Association and Hospital will discuss additional options related to such reorganization. 8 Provisions in Article 11.7 shall apply to the awarding of these positions. 9 1. A nurse notified of layoff shall be entitled to fill any similar category posted 10 position within the department, provided he/she meets minimum qualifications for 11 the position. 12 13 2. If there is no posted position within the department, the nurse may bump 14 the most junior nurse (similar category) within the department provided he/she 15 meets minimum qualifications for the position. 17 3. If there is not a classification similar category position posted in the department from 18 which the nurse is laid-being laid off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-laid off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members nurse may request and shall be given preference over new hires 19 entitled to available replace the most junior similar category nurse in a bargaining unit vacancies in other classifications20 position for which the laid off nurse is qualified to perform, provided they meet the posted qualificationsfollowing normal 21 orientation. If a laid- off Member fails to satisfactorily complete the probationary period in the other classificationTo exercise this right, the laid-off Member shall remain nurse must have greater seniority 22 than the nurse being replaced. 24 In all steps above, the nurse being laid off must notify management within 48 25 hours of receiving notice of layoff of their decision to exercise their bumping rights. 27 A nurse on layoff status will have the layoff list ability to access electronic notification of 28 internal and external posted positions for up to six months. It will be the laid-off nurse's 29 responsibility to meet the application timelines, per Article 11, and the Hospital 30 requirements and application process, in order to be considered for the previous classificationposted 31 positions. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 2 contracts

Sources: Professional Services, Professional Services

Layoff. A. Members who are (a) The Employer agrees that the seventy-two (72) most senior regular employees within the bargaining unit will not be subject to layoff. (b) The Employer agrees to maintain a minimum of seventy-two (72) positions/classifications, which shall be laidallocated as follows: (1) Pay Levels 1-off 3: 40 positions (2) Pay Levels 4-6: 23 positions (3) Pay Levels 7-9 9 positions (c) Each employee will be notified as soon as possible and in no assigned a point of assembly within his/her seniority area. The seniority areas shall be the following: (1) ▇▇▇▇▇▇▇▇ (2) ▇▇▇▇▇▇/Thetis Island; (3) Salt Spring/Mayne Island/▇▇▇▇▇▇▇ Island/▇▇▇▇▇▇ Island/Saturna Island. (d) In the event of a layoff of regular employees, subject to meeting the job requirements of available work, surplus positions will be provided less than identified by point of assembly and regular employees shall be laid off in reverse order of seniority within the seniority area. The employee identified as the least senior in the seniority area may opt to displace another employee in the following sequence: (1) least senior employee in the series in the service area; (2) least senior employee in all series in the seniority area; or (3) least senior employee in all series in the service area. (e) An employee whose point of assembly has been changed as a result of this Article, shall have the right to return to the original point of assembly should a job opportunity become available at the point of assembly in the same classification series during the life of the Collective Agreement. Should an employee opt to return to the original point of assembly, no moving expenses will be paid and the pay rate shall be the rate for the position being filled. (f) Notice of layoff shall be in writing, fourteen (14) work days prior to the effective date. Copies of such notification will be forwarded to the Union. If the employee has not had the opportunity to work fourteen (14) full days after notice of layoff, he/she shall be paid in lieu of work for that part of the fourteen (14) days written noticeduring which work was not made available. (g) For the purposes of recall, an employee whose point of assembly has been changed as a result of this article may opt for assignment to other points of assembly as they come available. The word "layoff" shall mean a reduction in Recall - is based on seniority, subject to an employee's ability to perform the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstancesthat is available. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff. A. Members who (The following provisions are subject to Schedule “F” for Temporary Full-Time, Auxiliary, and Regular Part-Time Employees.) (a) When laying off an employee or employees within each classification, the last hired shall be laid-the first laid off, based on length of service within the Branch, it being understood that: (i) the Employer may place the laid off will be notified as soon as possible and employee in no event will be provided less than a vacant regular full- time position of the same classification within the bargaining unit (ii) if the employee is not placed in a vacant position under 14.1(a)(i) within fourteen (14) calendar days written of receipt of notice. The word "layoff" shall mean , the employee has the option to bump: a. the least senior employee in their classification within the branch; or b. the least senior employee in a reduction lower classification within the branch; or c. the least senior employee in the work force due to a decline classification valued at or below Operations Worker II in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstancesany branch. B. Layoff(iii) If employees are not placed in a vacant position under 14.1(a)(i) and do not opt to bump under 14.1(a)(ii), should it they will be necessaryplaced on the recall list. Employees only have the above bumping rights in relation to positions for which they are already qualified and are able to perform. (iv) probationers have no seniority, shall take place by and (v) an employee who has been promoted from one classification based on to another, and subsequently demoted to the lower classification shall, within that lower classification, have seniority according to length of service in the following procedure:Branch and shall, if a layoff occurs, be laid off accordingly. 1. Probationary; 2. Non-probationary; 3. Member (b) Employees who is to be laid-off in one classification have completed their probationary period and who has acquired seniority are laid off and subsequently recalled to work in another classification may bump their Branch within one (1) year of the least senior Member layoff, shall be credited with previous service in that classification; and; 4Branch for the purpose of determining length of service in connection with vacations and other benefits based on length of service. If more than one Member Employees who have completed their probationary period and who have been laid off and subsequently recalled to work in a classification is laid-Branch, other than the Branch from which the employee was laid off, within one (1) year of the affected Members layoff shall, upon completion of six (6) continuous months of service in the new Branch, be credited with the employee's previous service in the Branch from which the employee was laid off for the purpose of determining length of service in the new Branch. After one (1) year in the new Branch the employee's seniority shall select from available positions be applicable only to the new Branch and shall have no application in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsemployee's former Branch. C. Laid-off Members (c) Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the control of the Employer the Employer shall give to the employees concerned who have completed the probationary period not less than ten (10) days' prior written notice of any layoff under this clause. Such notices shall be given preference over new hires in writing either by delivering or mailing the same to available bargaining unit vacancies in other classifications, provided they meet the posted qualificationsemployee for whom it is intended. If a laid- off Member fails an employee to satisfactorily complete whom notice of layoff is given under this Clause 14.1(c) has not been given the opportunity to work for at least ten (10) days of the period of such notice the employee shall be paid for those days for which work was not made available. The Employer shall be required to give notice of layoff under this Clause 14.1(c) only to those Regular Full-Time, Regular Part-Time, Temporary Full-Time and Auxiliary Employees who have acquired seniority rights in the seniority pool have completed the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classificationas aforesaid. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff. A. Members who are to be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14a) days written notice. The word "layoff" shall mean When a reduction in force in any line of progression is necessary, probationary employees will be laid off first. In case it is necessary to further reduce the work force due number of employees in a line of progression, employees who are the lowest on the seniority list may: (1) Starting with the job classification in which the reduction is to a decline be made, the employees with the least plant seniority shall be removed therefrom. They shall have the right to exercise their seniority in student enrollment, lack lower job classifications for which they are qualified in that line of funds, elimination progression. This process shall be continued until the number of a position, or other unforeseen circumstancesemployees to be reduced in the line of progression has been reclassified to the entrance job. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; (2. Non-probationary; 3. Member ) An employee who is to be laid-off displaced from an entrance job in one classification and who has acquired seniority a line of progression shall have a maximum of three (3) working days from date of being notified to exercise his plant seniority, provided he is qualified for the job involved, by transferring to an entrance job in another classification may bump line of progression, if such entrance job is held by an employee having less plant seniority, or electing to be laid off. "Entrance Jobs" are defined as follows: Control Technician-Junior Equipment Operator-Junior Performance & Industrial Hygiene Technician-Junior Stores Attendant-Junior (3) After the least senior Member transfers resulting from the exercise of the foregoing rights have been accomplished in that classification; and; 4. If more than one Member all lines of progression in a classification which such action is laid-offtaken, the affected Members excess employees remaining from all lines of progression shall select from available positions be laid off in accordance with their plant seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-(4) As soon as practicable after the Company has identified with certainty those employees to be laid off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classificationunder this Section 9, the laid-off Member shall remain on Company will begin to consider each such employee for placement elsewhere. This consideration will continue until any one of the layoff list for following occurs: (1) the previous classification. D. Members who are involuntarily in-active (i.e., on layoff employee is placed at the ▇▇▇▇▇▇▇▇ Plant or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positionselsewhere; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice the employee is no longer retaining seniority rights under Section 10 below; (3) the employee is recalled under Section 11 below; or (4) the Company ceases to have a current address for the employee. The effective date of an employee's layoff shall not be delayed as a result of the assignment’s ending failure of the Company to begin consideration of the employee for a placement elsewhere prior to such date.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. A. Members who are Layoff shall mean the discontinuance of Academy employment of a unit member for bona fide financial or program reasons. For purposes of this Article, a unit member with a work year of less than twelve (12) months shall not be considered to be laid-laid off during the months which are not included within the unit member's work year. The Academy shall desig n ate the layoff unit within which layoff may occur and the positions within the said layoff unit which will be notified as soon as possible and in no event will be provided less than fourteen (14) days written noticeeliminated. The word "layoff" Academy desig n ation shall mean a reduction in the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstancesnot be grievable. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. ProbationaryUnit members within the desig n ated layoff unit shall be grouped into the following categories: a. Unit members without continuing appointments; b. Unit members with continuing appointments with less than five (5) years of relevant Academy Service; c. Unit members with continuing appointments with at least five (5) years but less than ten (10) years of relevant Academy Service; d. Unit members with continuing appointments with at least ten (10) years but less than fifteen (15) or more years of relevant Academy Services; e. Unit members with continuing appointments with fifteen (15) or more years of relevant Academy service. 2. Non-probationaryUnit members who occupy a position which will be eliminated within the desig n ated layoff unit may retain employment in another position within the layoff unit which will not be eliminated provided that: a. the position to be retained is occupied by a unit member in a lower category; b. Retention of employment shall be in that position, if any, which is occupied by a person in the lower category in the layoff unit for which the unit member in the position to be eliminated possesses skill, training and qualifications necessary to perform the services to be maintained. c. Qualifications referenced in 2(a) and 2(6) as determined by the Academy shall be reasonably related to the services to be maintained. 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance Unit members with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided continuing appointments with less than five (5) years' service shall receive at least three (3) months' notice of layoff in writing or two (2) weeks written months' pay in lieu of notice. Unit members with continuing appointments with five (5) or more years of service shall receive at least four (4) months' notice of layoff or three (3) months' pay in lieu of notice. One week of additional severance pay will be received by unit members with continuing appointments for each year or partial year of Academy service. The entitled weeks of layoff and severance pay will be paid at the assignment’s ending datebiweekly pay period until the obligation of the Academy has been discharged. If the unit member is re-employed by the Academy during the layoff and severance pay period, remuneration under this Article shall be reduced by the amount of salary paid in the position in which re-employed. 4. Unit members who have unused, accumulated compensatory time shall be paid for such time in a lump sum provided that the compensatory time was accumulated in accordance with Article 14, Section C, and that the unit member and his or her supervisor make a reasonable effort to reduce the unused compensatory time balance between notification of the layoff and the effective day of the layoff.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. A. Members who are to be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in City Manager may layoff an employee from the work force due to a decline in student enrollmentClassified Service because of shortage of work, lack of funds, elimination material change in duties or organization, return of an employee from a positionleave of absence, or for other unforeseen circumstancesvalid reasons. All possibilities for a transfer must be exhausted before layoff. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 131.1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the At least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice prior to the effective date of a proposed layoff, the department head shall notify the Director of HRMD of the assignment’s ending dateproposed action with the reasons therefore, and shall submit at that time, a statement certifying in each case whether or not the services of the employee to be laid off have been satisfactory. A copy of such notice shall be given to 31.2. Whenever the layoff of one or more employees shall become necessary, as defined in Article XIII of the Charter and this Section, such layoff shall be made within classification and department when employees with permanent appointments in the class are involved. 31.3. The order of layoff of employees with permanent appointments in the class shall be in the reverse order of total time served within that class upon the established date for the layoff to become effective. This will permit layoff to a lower classification, provided that the amount of time the employee has served in the higher classification, plus the amount of time the employee has served in the lower classification(s), exceeds the amount of time served in the lower classification(s) of at least one other employee. 31.4. No employee holding a permanent appointment in the class from which ▇▇▇▇▇▇ is to be made shall be laid off unless all provisional and probationary employees in that class have first been terminated. 31.5. The names of probationary employees and employees with permanent status who are laid off shall be placed on re-employment lists for the class from which they were laid off in the order of the total time served in that classification. Total time in such cases shall include time served on military leave of absence from the Classified Service. 31.6. The City will maintain its regular level of contribution towards health and life insurance benefits for one (1) month, in addition to any employer pre-paid coverage they may be eligible for, for any permanent employee who is laid off.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

Layoff. A. Members who Prior to implementing any staff reductions outlined herein, the Company will solicit for voluntary layoffs in order to mitigate laying off Employees. Where significant layoffs are anticipated, the Company and the Union shall work together to be laid-off explore mitigation options. These discussions will not unreasonably delay the business objective for the reduction of staff. 01. Notwithstanding the preceding, for staff reductions of less than thirty (30) days, for reasons such as operational disruptions, the Company may reassign Employees as required. At such time, the Company will provide a seniority list that has been updated within the last thirty (30) days prior to the layoff, to the affected Employee. 11.01.01 Displacements shall take place in the following order: a) Probationary Employees at the Location will be notified as soon as possible and in no event terminated. b) Employees covering a temporary vacancy at the affected Location shall revert to their previous position. c) The most junior Employee at the Location who is affected by the reduction of staff, will be provided less than receive notice of the reduction of staff at least fourteen (14) days written notice. The word "layoff" in advance of the reduction, and shall mean a reduction have the following options: i. Elect to displace the most junior Employee in the work force due other status at the Location; or ii. Elect to displace the most junior Employee in the same status at the other Location on the Base; or iii. Elect to displace the most junior Employee in the system in either status; or iv. Accept layoff status; or v. Elect termination of service with the Company, with no right of recall. In such a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-offcase (11.01.01(c)(v)), the affected Members shall select from available positions Employee will receive severance pay in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsArticle 11.03. C. Laid-off Members d) Article 12.06.01 shall be given preference over new hires apply to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classificationany move associated with Article 11. D. Members who are involuntarily in-active (i.e.11.01.02 Should an Employee elect to bump a junior Coordinator, on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and permitted provided the conditions outlined in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.Article 12.03.03

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff. A. Members who (The following provisions are subject to Schedule “H” for Temporary Full-Time, Auxiliary, and Regular Part-Time Employees.) (a) When laying off an employee or employees within each classification, the last hired shall be laidthe first laid off, based on length of service, it being understood that: (i) the Employer may place the laid off employee in a vacant regular full-off will be notified as soon as possible and time position of the same classification within the bargaining unit. (ii) if employees are not placed in no event will be provided less than a vacant position under 14.1(a)(i) within fourteen (14) calendar days written of receipt of notice. The word "layoff" shall mean a reduction in , they have the work force due option to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will applybump: a. The position involves least senior employee in their classification within the same or greater number of work hours, unless the laid-off Member will accept less;location; or b. The laid-off Member has more the least senior employee in a lower classification within the work location; or c. the least senior employee in a classification valued at or below Operations Worker II in any work location. Employees only have the above bumping rights in relation to positions for which they are already qualified and are able to perform. (iii) if employees are not placed in a vacant position under 14.1(a)(i) and do not opt to bump under 14.1(a)(ii), they will be placed on the recall list. (iv) probationers have no seniority; , and c. The Member satisfies (v) an employee who has been promoted from one classification to another, and subsequently demoted to the posted qualificationslower classification shall, within that lower classification, have seniority according to length of service with the Employer and shall, if a layoff occurs, be laid off accordingly. C. Laid-(b) Employees who have completed their probationary period and who are laid off Members and subsequently recalled within one (1) year, shall be credited with previous service for the purpose of determining length of service in connection with vacations and other benefits based on length of service. (c) Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the control of the Employer, the Employer shall give to the employees concerned who have completed the probationary period not less than ten (10) days' prior written notice of any layoff under this clause. Such notices shall be given preference over new hires in writing either by delivering or mailing the same to available bargaining unit vacancies in other classifications, provided they meet the posted qualificationsemployee for whom it is intended. If a laid- off Member fails an employee to satisfactorily complete whom notice of layoff is given under this Clause 14.1(c) has not been given the opportunity to work for at least ten (10) days of the period of such notice the employee shall be paid for those days for which work was not made available. The Employer shall be required to give notice of layoff under this Clause 14.1(c) only to those Regular Full- Time, Regular Part-Time, Temporary Full-Time and Auxiliary Employees who have acquired seniority rights in the seniority pool and have completed the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classificationas aforesaid. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff. A. Members who are (1) The University will continue to be laid-off will be notified as soon as possible and in no make reasonable efforts to avert layoffs of bargaining unit employees. (2) In the event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due to a decline in student enrollment, lack of funds, elimination of a positionlayoff within a job classification in a department, or other unforeseen circumstances. B. Layoff, should it probationary employees within the job classification shall be necessary, shall take place by classification based on seniority according laid off first without regard to the following procedure: 1. Probationary; 2their individual periods of employment. Non-probationary;probationary Employees shall be the next to be laid off on the basis of their classification seniority. (3) In the event a position is eliminated and the affected employee is not the least senior employee in his/her classification, such employee will be assigned to the position held by the least senior employee in the same classification and department, provided he/she has the skill and ability, work record and experience to perform the duties of the job, and the least senior employee shall be laid off. (4) In the event that an employee is scheduled to be laid off from a position in a department and there exists a vacant position in that department for which the employee is qualified on the basis of skill, ability, work record and experience, then he/she may elect to fill that vacancy in lieu of being laid off. Member Where two or more employees are scheduled to be laid off from a department and are qualified for a vacant position in that department, the vacancy will be offered first to the employee with the most bargaining unit seniority. (5) In the event that an employee with four or more years of bargaining unit seniority is scheduled to be laid off from one department and there exists a vacant position in another department for which the employee is qualified on the basis of skill, ability, work record and experience, then he/she may elect to fill that vacancy in lieu of being laid off. Where two or more employees are scheduled to be laid off and are qualified for the vacant position, the vacancy will be offered first to the employee with the most bargaining unit seniority. (6) In the event that an employee with less bargaining unit seniority than specified in paragraph 4 above is scheduled to be laid off in one department and there exists a vacant position in another department for which the employee is qualified on the basis of skill, ability, work record and experience, then he/she will be considered for the vacant position before other candidates. When two or more employees are scheduled to be laid off who are qualified, first consideration will be given to the one with the most bargaining unit seniority. (7) If a regular part-time Employee has greater equivalent seniority than a full-time Employee in the same classification who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-laid off, the affected Members part-time Employee must be willing to accept full-time employment to continue working. (8) In all of the above cases, the employee who is assigned to a new position shall select serve a ninety (90) day probationary period. If he/she is removed from available positions the new position during the probationary period, he/she shall be laid off. (9) The University will provide at minimum a total of thirty (30) days’ notice of layoff or an equivalent period of time in accordance the Casual and Temporary Program outlined in Article 41. (10) When a cashier is temporarily laid off, and given a definite date of return to work and is denied Unemployment Compensation Benefits solely because of the Amendment effective July 20, 1983 to Section 590.11 of the Labor Law, the University will pay such employee the weekly sum of $220 beginning with their senioritythe second week of unemployment and during such period of temporary unemployment, said sum to be reduced by any amount earned as a result of any type of employment during the layoff period. Under no circumstances will the above payment be made after the return date given to employee at the time of layoff, or during a period for which Unemployment Compensation Benefits are paid. Part-time cashiers on temporary layoff shall receive payments on a pro-rata basis. Full-time and part-time cashiers on temporary layoff shall continue to receive the medical benefits they received while employed. In the event that the layoff allowance for other dining services employees represented by Local 1199 is increased during the term of this agreement, cashiers represented by Local 2110 will receive the same increase. The following stipulations Department will apply: a. The position involves make every effort to assess its summer staffing needs prior to the end of the spring semester. Based on operational needs, Cashiers will be retained during the summer months in order of their seniority within their location. Replacement or additional Cashiers, as needed, will be recalled in the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualificationsseniority order. If a laid- there is no Cashier from within the location who is available to work, Cashiers scheduled to be laid off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., or on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions from other locations will be notified as soon as possible and recalled in no event will be provided less than two (2) weeks written notice order of their seniority prior to the assignment’s ending dateUniversity hiring a temporary employee or outside applicant, except in an emergency situation.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. A. Members who are to be laid-off will be notified as soon as possible and in no In the event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean of a reduction in the work force due to a decline in student enrollmentforce, lack of funds, elimination of a position, or other unforeseen circumstancesthe following procedures shall apply: (a) Probationary employees will be laid off first from the classification(s) affected. B. Layoff(b) Thereafter, should it employees with the least seniority in the classification(s) affected will be necessary, shall take place by classification based on seniority according laid off. Provided however and subject to subsection (f) the following procedure:employees will be laid off last and recalled first: • Chief ▇▇▇▇▇▇▇ • Vice President • President 1. Probationary; 2. Non-probationary; 3. Member (c) An employee laid off from their classification who is exercises their seniority to be laid-off in one classification and who has acquired seniority in another classification may bump displace the least senior Member employee in that classification; and;a higher, lateral or lower classification must notify the Employer and displace such employee within one (1) workday after their layoff, provided they have five (5) workdays’ advance notice of the layoff. In the event they do not have five (5) workdays’ advance notice, they shall have five (5) workdays to displace such employee. 4. If more than one Member (d) The Employer will not use any employee in a classification in which they are not qualified if another employee is laid-offlaid off therefrom, the affected Members shall select from available positions except in accordance with case of an emergency (as defined in Section 25.1 (e)). (e) Employees who exercise their seniority. The following stipulations seniority under this section will apply: a. The position involves be paid at the same rate in a lateral classification or greater number at the highest rate paid for a lower classification provided that the new rate is not higher than the old rate, or at the rate closest to but not lower than the current rate of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationspay for a higher classification. C. Laid-off Members (f) The above procedures are subject to the condition that in the Employer’s judgment, those employees remaining subsequent to the layoff, or those employees who exercise displacement rights are qualified to perform the available work. (g) Employees on layoff or leave of absence shall be given preference over new hires to available bargaining unit vacancies in other classificationscontinue on the medical insurance program for the two months following the month of layoff or leave of absence, provided they meet continue the posted qualifications. If a laid- off Member fails to satisfactorily complete employee’s premium, co-pay portion, following the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on month of layoff or non-permanent assignment has ended) who wish to work as substitutes leave of absence, but thereafter it shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice the responsibility of the assignment’s ending dateemployee, if they desires, to make arrangements for continuation of the insurance at their expense.

Appears in 2 contracts

Sources: Custodial/Maintenance Agreement, Custodial/Maintenance Agreement

Layoff. A. Members who are to ‌ 25:01 The Employer when laying off an employee shall give the employee four (4) weeks’ notice or payment in lieu thereof or a combination of both as the case proves necessary. 25:02 No notice or payment in lieu of notice shall be laidrequired when an employee is dismissed or a temporary employee ends her term of employment, the only exception being if the temporary employee is not advised of the date her term ends at the time of hiring. 25:03 Laid off employees shall be placed on a re-employment list. Laid off will employees shall be notified as soon as possible and in no event removed from the list if not rehired within twelve (12) months of the effective date of layoff. The Union will be provided less than fourteen (14with a copy of the list and changes as they occur. 25:04 Junior employee(s) days written notice. The word "layoff" shall mean a reduction in the classification concerned shall be laid off first, beginning with the most junior and ascending from there. 25:05 All employees shall be recalled in order of seniority. In cases where an employee in one (1) classification has the qualifications and ability to perform the work force due to a decline in student enrollment, lack of funds, elimination of a positionlower paying classification, or other unforeseen circumstancesthe Employer will offer a vacancy in the lower paying classification to said employee if no senior employees from the lower paying classification are on the re-employment list. B. Layoff25:06 Employees shall be recalled by registered letter, should it if they do not accept the offer in writing they shall be necessary, deemed to have declined the recall as of the tenth (10th) working day after the mailing of the recall. 25:07 The notice referred to in Article 25:01 above shall take place by classification based on seniority according to state the following procedure:reasons for the layoff and the expected duration of the layoff. 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-25:08 While employees are laid off, the affected Members Employer agrees not to hire any new employees or persons into positions until all those on the re-employment list have been given first opportunity to do the work providing they have the qualification and ability to perform the work. A decline by an employee shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hoursno manner whatsoever affect her rights under this Agreement, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies she refuses work in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other her previous classification, the laid-off Member shall remain on the layoff list for the previous classificationcategory of employee and status. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff. A. Members who Seniority will prevail on layoffs due to lack of work in the job classification or reductions due to economic considerations. For layoff, seniority is determined on a floor/unit (e.g. G-Blue, F-Green, etc at UH or department (RWJ Surgery, RWJ Pediatrics, etc.) basis first, without taking shift into account. The layoff of regular full and part time staff from a specific work unit or department will not occur unless regularly assigned agency nurses and regularly assigned per diem nurses in the work unit/department are first eliminated. Within the assigned clinical unit, regular employees shall not be laid off before temporary employees in the same job titles. The University will provide a minimum of twenty eight (28) days notice of layoff to any regular full-time or regular part-time employee to be laid-off will affected. At the University’s discretion, payment in lieu of notice may be notified as soon as possible and in no event will be provided less than fourteen (14) given for the 28 days written notice. The word "layoff" University shall mean continue the practice of providing the Union with a reduction in the work force due copy of each layoff notice sent to a decline in student enrollmentemployees. Such notice shall be provided, lack of funds, elimination of a positionby mail, or other unforeseen circumstancesfax, or email within twenty four (24) hours of the employee’s receipt of the layoff notice. When an individual is identified for lay off, the staff member will follow the process below: a) First, an employee identified for layoff will be offered the opportunity to fill a vacancy, for which he/she is qualified, in his/her current title within the employee’s current department or division within the operating unit and campus. If the employee chooses not to accept the vacancy offered, the employee may opt to be placed on the recall list. No probationary period. B. Layoffb) Second, should it if a vacancy pursuant to (a) above is not available, the employee will be necessaryoffered a vacancy, shall take place by classification based on seniority according for which he/she is qualified, in his/her current title within the operating unit and campus. If the employee chooses not to accept the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is vacancy offered, the employee may opt to be laid-off placed on the recall list. Probationary of 90 days, with possible 90 day extension. c) Third, if a vacancy pursuant to (a) or (b) above is not available, the employee will be offered a vacancy, for which he/she is qualified, in one classification and who has acquired seniority his/her current title on the campus. If the employee chooses not to accept the vacancy offered, the employee may opt to be placed on the recall list. Probationary of 90 days. d) Fourth, if a vacancy pursuant to (a) , (b), or (c) above is not available, the employee will be offered a vacancy, for which he/she is qualified, in another classification his/her current title first, or immediate prior title within the bargaining unit, University- wide. If the employee opts not to fill a vacancy offered under this section, the employee may opt to be placed on the recall list or proceed to (e) below. Probationary of 90 days, with possible 90 day extension. e) Fifth, if an employee is not placed in a vacancy pursuant to (a), (b), (c) or (d) above, the employee may bump the least senior Member employee in that classification; and; 4his/her current title in a position for which he/she qualifies, within the operating unit and campus. If more than one Member an employee opts not to exercise his/her bumping rights under this section, the employee may opt to be placed on the recall list. If the employee is unable to bump under this section, the employee may exercise rights under (f) below. Probationary of 90 days, with possible 90 day extension. f) Sixth, if the opportunity to bump is not available pursuant to (e) above, the employee may bump the least senior employee in his/her current title in a classification is laid-offposition for which he/she qualifies, campus wide. If an employee opts not to exercise his/her rights under this section, the affected Members shall select from available positions in accordance employee may opt to be placed on the recall list. If the employee is unable to bump under this section, the employee may exercise rights under (g) below. Probationary of 90 days, with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationspossible 90 day extension. C. Laid-off Members shall g) If the employee is not offered the opportunity to bump pursuant to (f) above, the employee may bump the least senior employee in his/her immediate prior title, in a position for which he/she qualifies, campus wide. If an employee opts not to exercise his/her bumping rights under this section, the employee may opt to be given preference over new hires to available bargaining unit vacancies placed on the recall list. Probationary of 90 days, with possible 90 day extension. Regular Part time employees may not bump regular full time employees, however, they may bump other regular part time staff at equivalent or less hours. Regular full time staff may, however, bump part time staff if there are no full time opportunities available. An employee who is placed in other classifications, provided they meet the posted qualificationsa vacancy or bumps into a position on his/her campus may not bid on a vacant position for a period of six (6) months. If a laid- laid off Member fails to satisfactorily complete the probationary employee accepts a vacancy on another campus, he/she may not bid on a vacancy for a period in the other classification, the laid-off Member shall remain on the layoff list for the previous classificationof one (1) year. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. A. Members who are Layoffs shall be conducted in accordance with this contractual procedure only. Whenever it becomes necessary for the Board to reduce its work force, it shall lay-off employees or abolish their positions as provided in this Article. The Board will lay-off for lack of funds, lack of work or abolishment of positions. Whenever the Employer determines that a layoff or job abolishment is necessary, the following shall apply: 1. The Employer shall determine the number of employees, the classifications and positions to be laid-affected by the layoff. The Employer agrees to notify the Union and allow the Union to propose possible alternatives and discuss the impact of the layoff prior to initially notifying the affected employees. 2. Employees serving a probationary period after initial appointment shall be laid off before employees who have completed a probationary period. Bargaining unit members shall be laid off by seniority in the classification in which they are working. Seniority will be notified as soon as possible and determined in no event accordance with Article 17: Seniority. All substitutes will be provided less than laid off prior to regular bargaining unit members, and the regular bargaining unit members will be offered substitute work when available. In the event two (2) or more employees have the same seniority date, the tie will be broken by the last digit in the social security number with 9 being high and zero (0) being low. If the last number is the same, then you will proceed to the next number and so on until the tie is broken. 3. The Employer shall notify the affected employees and the Union, in writing, at least fourteen (14) calendar days written noticein advance of any layoff. The word "layoff" Each notice of layoff shall mean a reduction in state the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will applyfollowing: a. The position involves the same or greater number effective date of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more senioritylayoff; and c. The Member satisfies b. A statement advising the posted qualificationsemployee of his/her rights of reinstatement from the layoff and bumping rights in B below. C. Laidc. Employees notified of a lay-off Members shall be given preference over new hires have five (5) calendar days to available bargaining unit vacancies in other classifications, bump into a lower classification provided they meet are qualified to perform the posted qualifications. If work and hold or can obtain the necessary certificate or license for that position, and have more program seniority than the present incumbent they are bumping. d. Any employee displaced by (A) (3) (c) above will also have up to five (5) days to bump into a laid- off Member fails to satisfactorily complete lower classification under the probationary period in terms of (A) (3) (c). e. Bargaining Unit members will be placed at the other classification, the laid-off Member shall remain appropriate Step on the layoff list salary schedule for the previous classificationposition they have bumped taking into consideration their service to the program. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. A. Members ‌ 14:01 Where layoffs of employees are necessary due to the seasonal nature of golf in Manitoba, employee layoffs will take place commencing with the most junior employee and ascending from there to the most senior employee. This section is subject to the requirement that the employees who are retained must have the qualifications and ability to be laid-off perform the duties which the remaining employees will be notified required to perform. 14:02 Employees who were employed prior to March 31, 1995 shall receive at least four (4) weeks’ notice in writing of their date of being laid off, or the equivalent pay and benefits in lieu thereof. Employees who were employed as soon as possible of April 1, 1995 and thereafter shall receive at least two (2) weeks’ notice in no event will writing of their date of being laid off, or the equivalent pay and benefits in lieu thereof. The Union shall be provided less than copies of the notices. 14:03 Employees laid off shall be placed on a recall list, and shall be called back to work to their positions as required, beginning the most senior employee and descending from there. The Union shall be provided with a copy of the recall list plus any amendments. 14:04 Employees on a recall list shall: (a) Report any change of address and/or telephone number to the Employer without undue delay; (b) When recalled to their positions, respond to it within seven (7) days; (c) Return to work within fourteen (14) days written notice. The word "layoff" shall mean a reduction in of the work force due to a decline in student enrollment, lack of funds, elimination of a positionrecall, or to such other unforeseen circumstances. B. Layoff, should it date as may be necessary, shall take place by classification based on seniority according agreed to between the following procedure: 1. Probationaryemployee and the Employer; 2. Non-probationary; 3. Member who is to be laid-off in one classification (d) Except for good and who has acquired seniority in another classification may bump sufficient reasons accept the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions recall in accordance with their seniority. The following stipulations will apply: a. The position involves this section or the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsemployee shall be deemed to have resigned. C. Laid-off Members 14:05 Notwithstanding any other provision in this Agreement, no new employees shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members hired until all employees who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions laid off have been given the opportunity of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending datebeing recalled.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff. A. Members who are to be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in City Manager may layoff an employee from the work force due to a decline in student enrollmentClassified Service because of shortage of work, lack of funds, elimination material change in duties or organization, return of an employee from a positionleave of absence, or for other unforeseen circumstancesvalid reasons. All possibilities for a transfer must be exhausted before layoff. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the 31.1 At least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice prior to the effective date of a proposed layoff, the department head shall notify the Director of Human Resources Management of the assignment’s ending dateproposed action with the reasons therefore, and shall submit at that time, a statement certifying in each case whether or not the services of the employee to be laid off have been satisfactory. A copy of such notice shall be given to the employee affected. 31.2 Whenever the layoff of one or more employees shall become necessary, as defined in Article XIII of the Charter and this Section, such layoff shall be made within classification and department when employees with permanent appointments in the class are involved. 31.3 The order of layoff of employees with permanent appointments in the class shall be in the reverse order of total time served within that class upon the established date for the layoff to become effective. This will permit layoff to a lower classification, provided that the amount of time the employee has served in the higher classification, plus the amount of time the employee has served in the lower classification(s), exceeds the amount of time served in the lower classification(s) of at least one other employee. 31.4 No employee holding a permanent appointment in the class from which ▇▇▇▇▇▇ is to be made shall be laid off unless all provisional and probationary employees in that class have first been terminated. 31.5 The names of probationary employees and employees with permanent status who are laid off shall be placed on re-employment lists for the class from which they were laid off in the order of the total time served in that classification. Total time in such cases shall include time served on military leave of absence from the Classified Service. 31.6 The City will maintain its regular level of contribution towards health and life insurance benefits for one (1) month, in addition to any employer pre-paid coverage they may be eligible for, for any permanent employee who is laid off.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

Layoff. A. Members who are (a) In the event a layoff is necessary, the Employer and the union agree to be laid-off will be notified as soon as possible work jointly to minimize any adverse effects of any layoff to employees, and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in maximize creative approaches that meet the work force due to a decline in student enrollment, lack interests of funds, elimination of a position, or other unforeseen circumstancesboth the Employer and the employees. B. Layoff(b) A layoff for this purpose of the Article shall be defined as no available hours, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Nonfor affected full-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If time employees for more than one Member shift. (c) During work shortages of one shift or less the company will make every effort to provide impacted employees with available alternate work, providing they have the skill and ability to perform the work. (d) In the event of a layoff of more than one shift, the most junior full-time employees in the department will be laid off first provided the remaining employees have the skill and ability to perform the remaining work. (e) No new employee shall be hired until those laid off have been given the opportunity to recall. (f) Employees who have received notice of at least a classification one full-day layoff, up to a maximum of a three (3) full consecutive day layoff, will have the option of requesting a vacation day(s), and vacation pay, at the time of the notice of layoff. Requests for vacation in lieu of layoff will not be considered after the layoff day has occurred. (g) If an employee is laid-laid off, he or she will have the affected Members shall select from available positions in accordance with option of accepting the lay-off prior to exercising their seniority. The following stipulations will applyseniority rights as follows: a. The position involves i. A full time employee laid off work in his or her department, shall bump the same or greater number of work hoursmost junior full time employee on the shift, unless provided the laid-laid off Member employee has the qualifications, skills and ability to do the work. If the junior employee on the shift is displaced, they will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies bump the posted qualificationsjunior employee in the plant. C. Laid-off Members shall ii. Employees on layoff will be given preference over new hires to available bargaining unit vacancies recalled in other classifications, order of seniority provided they meet have the posted qualifications, skill and ability to do the available work. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions Notice of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions recall will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice delivered verbally, by telephone, or, if unable to make contact with the employee, by registered mail or courier to the last recorded address of the assignment’s ending dateemployee.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff. f. Section A. Members who 1. B. shall not apply to bus drivers, bus attendants and Nutrition Services during the first forty-five (45) calendar days of the school year. These forty-five (45) calendar days are considered the adjustment period for these Departments. Any reduction of hours outside the forty-five (45) calendar days will follow the terms of this Article. 1. A layoff shall be defined as the elimination of a position resulting in the loss of employment by a bargaining unit member for non-disciplinary reasons. 2. In the event layoff becomes necessary, the District will notify the Union in writing, in advance, and the parties will meet to discuss ways of avoiding layoffs. Such notification will be given at least thirty (30) calendar days before the start of the next school year when the reduction is to be laid-off will be notified as soon as possible in the next school year and in no event will be provided less than at least fourteen (14) days written noticewhen it is to be in the current school year. 3. The word "layoff" shall mean a When layoffs remain necessary following the discussion above, the District will consider employees’ requests to take voluntary layoff until the necessary reduction is met. If voluntary layoffs are not accepted or do not meet the necessary reduction in the work force due workforce, additional layoffs shall be made. The District shall notify the Union of any employees electing to take a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstancesvoluntary layoff. B. Layoff4. Layoffs shall not affect permanent bargaining unit employees until the District has laid off temporary employees first, should it then probationary employees holding positions in the affected classifications. 5. Layoff will be necessaryin the inverse order of seniority District wide, shall take place by classification based within the affected position (as shown on seniority according the bumping chart attached to this Agreement). However, a less senior employee may be retained, and the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump next senior employee laid off, provided the least senior Member employee possesses skills and/or abilities the more senior employee does not possess and which are relevant to the position and which cannot be learned by a more senior employee in that classification; and;the classification group within a reasonable amount of time (generally ten (10) days). 46. If more than one Member The District shall notify the Union in writing of any processes, which result in a classification less senior employee being retained over a more senior employee. 7. An employee who is laid-offlaid off shall be entitled to “bump” the least senior employee in any other position in which that employee has worked, the affected Members shall select from available positions or in accordance with their seniority. The following stipulations will apply: a. The a lower position involves in the same classification the employee works or greater has worked, with the equivalent number of work hourshours or fewer, unless provided the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies employee’s experience and qualifications meet the posted qualificationsrequirements of the position. An employee who wishes to exercise the employee's bumping rights must notify the District within five (5) working days of notification of the employee's layoff status. C. Laid-off Members 8. Employees designated for layoff shall be given preference over new hires at least fourteen (14) calendar days of written notice of layoff. A copy of such notice will simultaneously be sent to available bargaining unit vacancies in other classifications, provided they meet the posted qualificationsUnion. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will This notice does not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided an emergency of less than two (2) weeks written notice of the assignment’s ending datein duration.

Appears in 2 contracts

Sources: Management Agreement, Management Agreement

Layoff. A. Members who are to be laid-off (a) In the event of a layoff occasioned by post Christmas volume decline, the least senior employee in the classification affected will be notified laid off or he may elect to displace the least senior employee in any other classification provided he is senior to the employee he is displacing. The displaced employees may then exercise his senior- ity in the same manner in any other classification until the least sen- ior employee is laid off. In all other cases, when a bid job is con- solidated, discontinued or suspended, the employee shall work as soon as possible assigned. In the event the bid job is not restored after fifteen (15) workdays, the employee affected may elect to displace any employ- ee in his or any other classification provided he is senior to the employee he is displacing and qualified to perform the job selected. The displaced employee may then exercise his seniority in no event the same manner. Moves resulting from such displacements shall be limited to three (3). Should a fourth (4th) displacement result, such dis- placement shall be made after thirty (30) days. (b) Full-time seniority employees hired prior to August 1, 1993 who may be subject to layoff will be assigned to displace one (1) or more part-time employees in the building if any part-time employees are working in that building. In such case, said employee will be provided less than fourteen with eight (14) days written notice. The word "layoff" shall mean a reduction in 8) contin- uous hours of work at the appropriate rate for the classification of work force due to a decline in student enrollmentperformed, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedureexcept that: 1. Probationary;If said employee displaces a part-time employee and continues to perform the same work as his full time assignment, he will con- tinue to receive his regular rate of pay. 2. NonIf in the building there is a part-probationary; 3. Member who is to be laidtime employee receiving a wage rate higher than that of the displaced part-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-offtime employee(s), the affected Members shall select from available positions full-time employee will receive such higher rate. (c) Full time seniority employees hired after August 1, 1993 who may be subject to layoff will be afforded the opportunity to work part time on one (1) or two (2) shifts in accordance with their senioritybuilding. The laid off full time employees hired after August 1, 1993, part time rate of pay will be established according to their company date of hire. This condition will exist for all full time employees hired after August 1, 1993, until they have completed their two (2) year pro- gression and are receiving the top rate of pay in their classification. At this completion they will be entitled to the normal eight (8) hour guarantee. (d) When ▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇ ▇▇▇ ▇ (▇), (▇) and (C) above do not apply, the following stipulations shall: Full- time seniority employee in the order of their seniority may elect to take the work of part-time workers, if any, for the duration of the layoff. In such cases, the full-time seniority employees will applybe guaranteed three (3) hours' work at the appropriate rate for the classification of work performed, in addition to all fringe benefits. (e) Section 3 (A), (B), (C) and (D) shall not apply when: a. 1. The position involves Company shall have the same or greater number of work hoursright to lay off employees by clas- sification, unless the laid-off Member will accept less; b. in seniority order, for one (1) day. The laid-off Member has more seniority; and c. The Member satisfies employ- ees, in seniority order, may elect to displace the posted qualificationsleast senior employ- ees working in the building as loaders (excluding pre-load) or unloaders, provided the selection does not interfere with their regu- larly scheduled job. Full-time employees electing to displace part- time loaders or unloaders will be paid at their regular rate for the hours worked on the part-time job. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in 2. During the first three (3) days of emergencies beyond the Employer's control, such as fire, flood, snowstorm, power failure, T.O.F.C. delays. During strikes against UPS or other classifications, provided they meet the posted qualifications. If companies which require a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice reduction of the assignment’s ending datework force.

Appears in 2 contracts

Sources: Supplemental Agreement, Supplemental Agreement

Layoff. A. Members who are to Layoffs and recalls shall be laid-off will done within levels based upon levels I, II, III and IV in appendix A. Layoffs and recalls within levels I, II, III and IV shall be notified based upon classification seniority as soon defined in Article VIII, Subsection C-1. Therefore, an employee cannot bump into a position unless s/he has classification seniority as possible and defined in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean Article VIII, Subsection C-1 for that position as a reduction result of working in that classification in the work force due past (see Article VIII, Subsection C-4). If an employee’s position is being eliminated, the employee shall be able to a decline bump into another position in student enrollmentwhich s/he has classification seniority as defined in Article VIII, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to Subsection C-1 in accordance with the following procedure: 1. Probationary;The employee shall be able to bump the lowest seniority person with the same number of annual hours, as determined on an annual basis, in the same level. 2. Non-probationary;If there is no employee in the same level with the same number of annual hours with lower seniority, then the employee may bump the lowest seniority person in the same level with a lesser number of annual hours nearest to the annual hours of the person bumping or bump pursuant to Subsection A-3 below. 3. Member If there is no employee who is the employee can bump pursuant to be laid-off in one classification and who has acquired seniority in another classification may Subsection A-1 or A-2 above, the employee can bump the least senior Member lowest seniority employee in that classification; and;a lower level with the same number of annual hours nearest to the annual hours of the person bumping if the person bumping has more classification seniority than the person being bumped 4. If there is not employee who the employee can bump pursuant to Subsections ▇-▇, ▇-▇ or A-3 above, the employee can bump the lowest seniority employee in a lower level with a lesser number of annual hours nearest to the annual hours of the person bumping if the person bumping has more classification seniority than the person being bumped. 5. If an employee is unable to bump another employee pursuant to Subsections A-1 through A-4 above, the employee can bump the lowest seniority employee in the same classification and same level whose annual hours are no more than 200 hours greater than the annual hours of the person bumping. B. In all cases of bumping, the employee must be qualified to fill the position to be taken as determined by the employer. The determination of qualifications shall be subject to the grievance procedure that shall be governed by the following standards. 1. It is understood that one of the qualifications of a position is the compatibility factor of the employee with the person for whom s/he works. The employer will not be arbitrary and capricious when making these decisions. 2. Qualifications shall include positive evaluations, good attendance and discipline record. C. In the event the Board determines to lay-off an employee or regularly reduce an employee's hours, the employee shall be given a minimum of fourteen (14) calendar day’s written notice, with a copy of such notification furnished to the Union. The fourteen (14) calendar days written notice requirement shall not apply to an employee who is bumped as part of the layoff process. The Union may then request that a meeting be scheduled with a representative of the Board in order to receive an explanation of the reasons for the lay-off or regular reduction of hours and how the work will be performed. D. A permanent reduction of up to one (1) hour daily or a permanent reduction of four (4) weeks or less annually of an employees' hours/work week shall not be subject to the bumping procedure if the reduction does not effect the employee's benefits. The procedure described in Section A shall be followed for a reduction if an employee’s hours of more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same (1) hour daily or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active than four (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (24) weeks written notice of the assignment’s ending dateannually.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are to be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean If a reduction in force is necessary beyond normal attrition, the work force due Superintendent will determine the number of positions that will be reduced, as well as the date such reductions are needed and will apprise the involved employees and the President of the Association of this information by August 15 of each year. This notification shall be sent prior to a decline in student enrollment, lack the effective date of funds, elimination of a position, or other unforeseen circumstancessuch reductions. B. Layoff8:5.1 For seniority, should it layoff, and recall purposes, the following classifications will be necessaryutilized: § Meadowood Instructional Paraprofessional § Instructional (Title I, Personal Support Paraprofessionals, Bilingual, and Nurses Aides, Special § Service Paraprofessionals § Bus Aides Each of the classifications, except bus aides, will be divided into a full-time list and a part-time list. The procedure which follows will be applied separately within each classification and each classification will be treated as discrete and independent of each other. 8:5.2 Upon notification that his/her full-time position has been identified for elimination, an employee will be given the opportunity to fill any open position in the bargaining unit for which he/she is qualified. If an employee does not elect to fill an open position in the bargaining unit, the employee will remain on the recall list for their specific classification only. 8:5.3 Any employee who elects to fill an open position in the bargaining unit rather than elect to be laid off shall take place by classification be placed in the position for an initial period of sixty (60) days with an additional thirty (30) days upon written notification to the employee containing reasons for extension. If during this period either the District or the employee determines that neither is satisfied with the placement based on seniority reasonable criteria, the employee will leave the position and be placed on the recall list in accordance with Section 8:6 of this Article. 8:5.4 Sections 8:5.2 and 8:5.3 do not pertain to the classification of bus aides. Bus aides will be laid off according to the following procedurefollowing: 1. Probationary;(a) Upon notification that his/her position has been identified for elimination an employee will be given the opportunity to assert his/her seniority by being granted a transfer to an open position or select layoff; and 2. Non-probationary; 3. Member who is to be laid-off in one classification and who (b) In the event there are no vacant positions, an employee whose position has acquired been identified for elimination may bump, if his/her seniority in another classification may bump allows, the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall employee or select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationslayoff. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are to be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction Hospital give each employee in the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on bargaining unit who has acquired seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member and who is to be laidlaid off for a period of more weeks, notice in of his layoff in accordance with the following schedule: 1 years' week's years' more 0 i cc In the event of a proposed layoff of more weeks' duration, the Hospital will: Provide the Union with no less than calendar days' notice of such layoff; and than eight thirty Meet with the Union through the Labour Management Committee to review the following: ii! the service the Hospital will undertake after the layoff the method of the areas cut-off in back be laid I a l l cases give one classification and week's notice notice no: be required if of emergencies (for example, failure or equipment breakdown; In the e n 1 who the reverse the their within An employee who is subject to layoff shall have right to either: Accept the layoff; or Displace an employee who has acquired seniority in another classification may bump lesser unit and is the least senior Member in that classification; and; 4. If more than one Member employee in a lower or identical paying classification is laid-offin the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical without training ether than orientation. Such SC shall be laid off his or her section. an perform a b o v e , H o s p i t a l a 0 act in or unfair manner. e m p l o y e e recalled t work i a different classification from was laid off shall have of returning to the affected Members he held prior to the layoff s h it six months of being b e c o m e No new employees shall select from available positions be hired until all those laid off have been given an opportunity to return to work and have failed to notify the of their intention to do so, in accordance with their senioritybelow, or have been found unable to perform the work available. The following stipulations will apply: a. The position involves the same or greater number It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work hourswithin five working days (exclusive Of Saturdays, unless Sundays and paid holidays; after being do so by registered m a i l , addressed to address OR record the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members Hospital shall be given preference over new hires deemed have b e e r received a shall on the second date of mailing) to available return work within t e m p l o y e e i s b e On record the be The . I the event that a layoff commenced on the day following a holiday, an e m p l o y e e for shall not be shall of the No full-time employee within the bargaining unit vacancies in other classifications, provided they meet be laid off by reason of his/her being assigned to one or more part-time employees. agreement reached between the posted qualifications. If a laid- off Member fails to satisfactorily complete Hospital and the probationary period in concerning the other classification, the laid-off Member shall remain on the m e t h o d o f layoffs Will take precedence over terms of layoff list for the previous classificationthis Agreement. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are to ‌ (a) There shall be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the workforce without a corresponding reduction in work force due required. (b) If a reduction of staff or hours is proposed, the Employer shall immediately contact the Union to a decline discuss the proposed layoff. (c) Employees shall be laid off in student enrollment, lack reverse order of funds, elimination of a positiontheir seniority as defined in Article 11. An employee whose position is to be terminated by the layoff process, or other unforeseen circumstanceswhose position is to be reduced in hours shall have the right to displace, or "bump", any employee in the same classification, and so on, with less seniority, provided the employee attempting to bump is qualified for the position. The criteria used to determine whether the employee is qualified shall be the same used for the internal hirings. In no event shall successive bumps exceed a two consecutive week period. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member (d) If an employee who is to be laid-terminated by the layoff process is unwilling or unable to bump, they shall be laid off in one classification and who has acquired seniority in another classification may bump placed on the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniorityappropriate recall list. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless Employer shall have made every reasonable effort to relocate the laid-off Member will accept employee in another suitable position. (e) The Employer shall give notice to the Union of the date of layoff. Any employee who is laid off by termination of position, or by bumping, shall receive one month's pay for each month or partial month that notice is deficient. Required notice shall be: For temporary layoffs (15 weeks or less) (1) for regular employees, one month; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members (2) for students and all other employees, notice shall be given preference over new hires to available bargaining unit vacancies in other classificationsaccordance with the For permanent layoffs (more than 15 weeks) (1) for regular employees, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification.four months; D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written for students and all other employees, notice of shall be given in accordance with the assignment’s ending dateIn addition, each such employee shall receive all vacation and benefits owing to them.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who are Hospital management will notify the Association at least twenty one (21) 24 days prior to initiating a layoff. Nurses in the unit where the layoff occurs will be 25 given the opportunity to be laid-off voluntarily laid off. If it is determined that the voluntary 26 procedure is not satisfactory, then: 27 1. Nurses will be notified as soon as possible laid off and/or have their FTE and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction shift adjusted by Hospital 28 management within the bargaining unit in the reverse order of seniority 29 provided that the remaining nurses currently possess the necessary 30 competencies and skills to perform the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump done. Should removing Page 44 of 61 Date Accepted / / 1 the least senior Member nurse result in inadequate competency and skills in the 2 unit, then that classification; and;nurse shall remain and the next least senior nurse shall be 3 laid off. Nurses shall be recalled from layoff in the order of seniority 4 provided that they have the necessary skills and competency to perform 5 the work to be done. 6 2. No bargaining unit positions will be awarded to non-bargaining unit 7 applicants until the conclusion of the layoff/reorganization is completed. 9 3. All Nurses who meet qualifications shall be considered for available 10 positions within their current unit. Only nurses in good standing will be 11 considered for advancement. 13 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions Employees will be paid severance in accordance with their senioritythe current Hospital 14 Severance policy. Nurse will waive recall rights by accepting severance. 16 5. The following stipulations Hospital will apply: a. provide the Association a list of the employees to be laid 17 off, a seniority roster and a list of vacant positions within the bargaining 18 unit. List will include department, unit, FTE and shift. The position involves the same or greater number of work hours, unless the laid-off Member 19 Association/Nurses will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationshave ten (10) days to review and contest seniority 20 dates. C. Laid-off Members 22 6. Nurses shall be given preference over new hires recalled from layoff in the order of seniority provided that 23 they have the necessary skills and competency to available bargaining unit vacancies in other classifications, provided they meet perform the posted qualificationswork. If a laid- 24 laid off Member fails nurse is recalled to satisfactorily complete a shift different from the probationary period nurse's assigned shift 25 at the time of the layoff, the nurse may refuse such recall. The nurse may 26 not refuse more than on two occasions or recall rights will be forfeited. 28 7. The Hospital will notify the employee by certified mail and e-mail on file 29 with Human Resources of a position to which the employee may be Page 45 of 61 Date Accepted / / 1 recalled. 3 8. Recall from layoff shall be in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on reverse order of layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement hours reduction 4 among the nurses from the unit and shift where the recall will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending dateoccur.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are In the event management determines the necessity to reduce the numbers of employees in a shift, department, or classification in the plant, the following procedure shall be followed: 13.01 Probationary and temporary employees will be laid off first. This may not apply to employees in a skilled trade classification. 13.02 Such reduction in the workforce will be consistent with the Company’s right to maintain a workforce, which has, at the time of lay-off, the qualifications and ability to perform the work available. 13.03 On the basis of their seniority, senior employees affected by the reduction in workforce will displace the most junior employee: a) Within their classification b) And then they will displace the most junior employee in the plant. 13.04 In cases of a temporary lay-off, not to exceed five (5) working days, an employee may be laid-off without regard to seniority, except between employees in the same classifications and shift as defined in 13.03. 13.05 When an employee returns to work from a non-occupational illness or injury, occupational illness or injury, or other company approved leave of absence, they will be notified as soon as possible reinstated in their former classification and in shift, seniority permitting, if such position exists. If no event such position exists, they will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the exercise seniority per clause 13.03 of this article. 13.06 If no work force due to a decline in student enrollmentis available because of fire, lack of fundspower, elimination act of God, or for any other reason beyond the control of the Company employees may be laid off and the layoff notice provisions of Article 13 will not apply. 13.07 The Plant Committee shall be retained in their respective area of representation, in the event of a positionlayoff regardless of their position on the seniority list. If no such work is available, or other unforeseen circumstances. B. Layoff, should it they will be necessary, shall take place by classification based on seniority according to laid off under the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laidlay-off provisions of the Collective Agreement. Union Stewards shall be retained in one classification and who has acquired seniority their respective area of representation, on their respective shifts, in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in event of a classification is laidlay-off, regardless of their position on the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualificationsseniority list. If a laid- no such work is available they will be laid off Member fails to satisfactorily complete under the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending dateCollective Agreement.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who The parties agree that seniority within the collective bargaining unit shall be the basis for reductions in staff. If a reduction of the office and clerical staff is necessary due to economic or other reasons and one or more employees are to be laid-off will be notified as soon as possible and in laid off, the employee(s) so affected may first accept any open permanent position(s) within one (1) calendar week of the date of notification by the District. If no event will be provided less than fourteen such position is available or accepted, the affected employee may accept the layoff or elect to replace: (141) days written notice. The word "layoff" shall mean a reduction the employee with the least seniority in the work force due same classification provided the employee is qualified to a decline in student enrollment, lack satisfactorily perform the duties of funds, elimination of a such position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on (2) in the event the duties of the employee with least seniority according are greatly dissimilar to those of the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-offaffected employee, the affected Members shall select from available positions employee may replace the next least senior employee in accordance with their seniority. The following stipulations will apply: a. The position involves the same classification provided the employee is qualified to satisfactorily perform the duties of such position. For purposes of this paragraph, the School District shall determine whether or greater number not positions are greatly dissimilar and any grievance related to this question may be processed by an employee only through the School Board review as provided in Section 6 of work hours, unless this Article. On this issue the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies decision of the posted qualificationsSchool Board shall be final and binding and such decision may not be appealed to the arbitrator. C. Laid-off Members Subd. 1. In the event of a demotion as a result of bumping or other circumstances, an employee so demoted shall be compensated on the same step on the salary schedule as occupied prior to the demotion in the new classification. Subd. 2. Notice of such layoffs shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than at least two (2) weeks written notice before the scheduled layoff, except twentyfour (24) hours in cases of emergency, including labor disputes, or at the sole discretion of the assignment’s ending dateDistrict shall receive ten (10) days pay in lieu thereof. Subd. 3. Employees shall be recalled in order of seniority for a position within the same classification held prior to layoff or a lower classification for which qualified. If a position becomes available for a qualified employee on layoff, the School District shall mail by certified mail the notice to such employee who shall have seven (7) calendar days from the date of mailing of such notice to accept the reemployment. If written acceptance is not received by the district within such seven (7) calendar day period, it shall constitute a waiver on the part of such employee to any further rights of employment or reinstatement and (the employee) shall forfeit any future reinstatement or employment rights. The employee must accept the first offer of rehiring at same classification from which the employee was laid off or the employee shall be removed from the recall list. Subd. 4. An employee recalled and reinstated shall receive the rate of pay corresponding to the step the employee was receiving at the time of layoff and in the classification of the new position to which recalled. Subd. 5. All employees on the layoff list should be considered for all openings for which qualified prior to hiring a person not employed by the School District. Subd. 6. An employee on layoff shall retain his/her seniority and right to recall within classification in seniority order for a period of one (1) year after the date of layoff.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are to be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean If a reduction in force is necessary beyond normal attrition, the work force due Superintendent will determine the number of positions that will be reduced, as well as the date such reductions are needed and will apprise the involved employees and the President of the Association of this information by August 15 of each year. This notification shall be sent prior to a decline in student enrollment, lack the effective date of funds, elimination of a position, or other unforeseen circumstancessuch reductions. B. Layoff8:5.1 For seniority, should it layoff, and recall purposes, the following classifications will be necessaryutilized: § Meadowood Instructional Paraprofessional § Instructional (Title I, Personal Support Paraprofessionals, Bilingual, and Nurses Aides, Special Education ILC) § Service Paraprofessionals § Bus Aides Each of the classifications, except bus aides, will be divided into a full-time list and a part-time list. The procedure which follows will be applied separately within each classification and each classification will be treated as discrete and independent of each other. 8:5.2 Upon notification that his/her full-time position has been identified for elimination, an employee will be given the opportunity to fill any open position in the bargaining unit for which he/she is qualified. If an employee does not elect to fill an open position in the bargaining unit, the employee will remain on the recall list for their specific classification only. 8:5.3 Any employee who elects to fill an open position in the bargaining unit rather than elect to be laid off shall take place by classification be placed in the position for an initial period of sixty (60) days with an additional thirty (30) days upon written notification to the employee containing reasons for extension. If during this period either the District or the employee determines that neither is satisfied with the placement based on seniority reasonable criteria, the employee will leave the position and be placed on the recall list in accordance with Section 8:6 of this Article. 8:5.4 Sections 8:5.2 and 8:5.3 do not pertain to the classification of bus aides. Bus aides will be laid off according to the following procedurefollowing: 1. Probationary;(a) upon notification that his/her position has been identified for elimination an employee will be given the opportunity to assert his/her seniority by being granted a transfer to an open position or select layoff; and 2. Non-probationary; 3. Member who is to be laid-off (b) in one classification and who the event there are no vacant positions, an employee whose position has acquired been identified for elimination may bump, if his/her seniority in another classification may bump allows, the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall employee or select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationslayoff. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members ‌ (a) In the event of an extended layoff the Company and the Local Union shall meet and review the procedures as a result of any juris- dictional bumping. The least senior employee in the classification affected will be laid off or he/she may elect to displace the least sen- ior employee in any other classification provided he/she is senior to the employee he/she is displacing. The displaced employees may then exercise his/her seniority in the same manner in any other clas- sification until the least senior employee is laid off. In all other cases when a bid job is consolidated, discontinued or suspended, the employee shall work as assigned. In the event the bid job is not restored after fifteen (15) workdays, the employee affected may elect to displace any employee in his/her or any other classification provided he/she is senior to the employee he/she is displacing and qualified to perform the job selected. The displaced employee may then exercise his/her seniority in the same manner. Moves resulting from such displacements shall be limited to three (3). Should a fourth (4th) displacement result, such displacement shall be made after thirty (30) days. When there are junior people in the package driver classification working in a building and there are senior people in the same clas- sification who are on layoff in another building within the jurisdic- tion of the Local and in the same UPS District, pursuant to be laid-off the pre- ceding paragraph, the senior person will be notified as soon as possible and allowed to take the work by virtue of their seniority in no event the package classification for the dura- tion of the layoff. When their bid job is again available, the employee shall return to the original center unless a job is posted for bid then the applicable bidding process pursuant to the contract shall prevail. (b) Full-time seniority employees hired prior to August 1, 1997 who may be subject to layoff will be assigned to displace one (1) or more part-time employees in the building if any part-time employees are working in that building. In such case, said employee will be provided less than fourteen with eight (14) days written notice. The word "layoff" shall mean a reduction in 8) contin- uous hours of work at the appropriate rate for the classification of work force due to a decline in student enrollmentperformed, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedureexcept that: 1. Probationary;If said employee displaces a part-time employee and continues to perform the same work as his/her full-time assignment, he/she will continue to receive his/her regular rate of pay. 2. NonIf in the building there is a part-probationary; 3. Member who is to be laidtime employee receiving a wage rate higher than that of the displaced part-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-offtime employee(s), the affected Members shall select from available positions in accordance with their seniority. The following stipulations full-time employee will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsreceive such higher rate. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Supplemental Agreement

Layoff. A. Members who are When faced with a necessary reduction of staff, the Board shall handle such, to be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written noticethe degree possible, by not filling vacancies. The word "layoff" shall mean a reduction in the work force An employee unassigned due to a decline in student enrollment, lack of funds, the elimination of a position may temporarily fill an open position. The unassigned employee shall retain her current wage or wage of the open position, or other unforeseen circumstanceswhichever is higher, until the unassigned employee is permanently assigned. B. LayoffAll part-time Adult Education School Aides shall be listed on a separate seniority list by date of hire. If a part-time Adult Education School Aide is hired into the other clerical seniority group, should it she may not use seniority from their list for the purpose of bidding or job preference but shall be necessaryconsidered if her qualifications meet the standards for the position. C. In the event necessary reduction of staff requires the layoff of employees, shall take place by classification based on seniority according to the following procedureprocedures will be followed: 1. Probationary;Identify positions to be eliminated. 2. Non-probationary;Provide layoff notification to the least senior employees equal in FTE number to the FTE number of positions eliminated. 3. Member who is to For each position that has been eliminated, all positions of equal or lesser level occupied by employees less senior than the employee whose job has been eliminated will be laid-off in one classification identified and who has acquired seniority in another classification may bump the least senior Member in that classification; and;declared vacant. Such employees would be considered unassigned and their positions made available through an open posting and bidding process. 4. If more Unassigned employees shall not forfeit benefits during periods of unassignment and shall have the right to bid positions subject to the seniority provisions of this agreement. Unassigned employees are employees who are not assigned to a position for reasons other than one Member layoff. 5. Employees occupying positions declared vacant shall continue to occupy those positions until the open posting and bid process is completed. 6. In the event that a temporary (overload, 1:1) position is eliminated during the course of the school year, this language does not apply. D. Employees will be called back from layoff status in order of greatest years of service to the District provided that an employee may be passed over for call-back if she does not meet the qualifications of the vacant position for which the call- back is being made. When an employee on layoff is offered an open position which carries the same classification or a higher classification is laid-offas the position held when the employee was laid off and the employee refuses said position, it will be considered a voluntary resignation. E. Any demotion directly or indirectly resulting from implementation of the procedures of this ARTICLE shall provide that the employee remain at the hourly level of pay received for a period not to exceed two (2) years or until hourly rate of position assumed equals or exceeds previous level of hourly pay, whichever comes first. F. In applying the wage protection provision in this ARTICLE, the affected Members shall select total wages paid in conjunction with the unemployment compensation benefits are not to exceed the total wage protection requirements. In the event that earnings exceed the maximum protection amount, the District is entitled to the recovery of the excess money from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsappropriate individual employee. C. Laid-off Members G. All fringe benefits accumulated by an employee prior to her layoff shall be held frozen pending her return. Earned vacation will be paid, upon request, to the employee at the time of layoff. H. An employee on layoff status may continue group insurance coverage (except for disability income) at her expense, except that the Board will continue to pay premiums for employees on layoff status resulting from strikes by other bargaining groups. I. Employees on layoff status shall be given preference over new hires to available bargaining unit vacancies for on-call employment in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laidorder of greatest seniority and shall be paid at their regular rate for one (1) year when performing on-off Member shall remain on the layoff list for the previous classificationcall assignments. D. Members who are involuntarily in-active J. Employees on layoff status may bid on positions subject to the seniority provision of this Agreement. K. If application of the above layoff provisions results in assignment of an employee to a different position and such different position is one she does not wish to fill, such employee may, if the Board consents, elect to take a voluntary layoff. Any such voluntary layoff shall be governed by the following: 1. The employee must request such voluntary layoff, in writing, within twenty- one (21) calendar days after being notified of the change (or prospective change) in her assignment. Such written request must acknowledge that the employee understands and agrees to all of the provisions in this Section I. 2. The voluntary layoff will continue until such time as the employee’s original position (i.e., a position substantially the same as the position occupied at the time of election to take voluntary layoff) becomes again available on layoff or non-permanent assignment has ended) who wish the basis of the employee’s years of service and ability to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-termmeet qualifications. In such event, non-permanent positions; however, Members that are filling long-term, non- permanent positions the employee will be notified as soon as possible and in no event will be provided less than two (2) weeks given written notice of recall. If she does not report for duty within fifteen (15) calendar days after mailing of the assignmentrecall notice to her address as shown on Board records, she will be conclusively presumed to have resigned and all of her seniority or other rights will terminate. (It shall be the employee’s ending dateresponsibility to keep the Board notified, in writing, of any change in her address.) 3. When an employee on voluntary layoff is offered an open position that carries a lower classification than the position she held when the voluntary layoff took effect, the employee may decline same. 4. When an employee on voluntary layoff is offered an open position that carries the same classification as the position held when she elected voluntary layoff or carries a higher classification and she refuses, it will be considered a voluntary resignation. 5. Voluntary layoffs become effective when there is job elimination. 6. Employees on leaves of absence are not eligible to request a voluntary layoff.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are to be laid-off will be notified as soon as possible and in no In the event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the Hospital must reduce the work force due for a period of 14 continuous calendar days or more in a given unit, ONA can request a meeting with the leadership in the unit to review the reasons for the reduction in workforce and whether a decline layoff should be initiated. The meeting will be scheduled within five business days. Once the parties have met, if it is determined that a layoff is needed the Hospital shall institute a layoff that will be in student enrollmentreverse order of seniority, lack provided the nurses remaining on the unit are qualified to perform the work to be done. If unable to agree in the meeting, ONA can demand a layoff be initiated. Nothing in this language prevents the Hospital from initiating a layoff. The Hospital will provide as much advance notice as reasonably possible, but in all cases, in accordance with Article 5.4 – Notice of fundsTermination, elimination of a position, or other unforeseen circumstances. B. Layoff, should it in no case will this notice be necessary, shall take place by classification based on seniority according to less than 21 calendar days. A nurse selected for layoff will have the following procedure: 1steps in the following order. Probationary; 2For purposes of this Article, similar category applies to “benefited” positions and “relief” positions. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may Benefited nurses can bump the least senior Member benefited nurse, and relief nurses can bump the least senior relief nurse in that classification; and; 4each step. If more than one Member multiple positions are being eliminated, the most senior nurse shall exercise their choice among the available options first. In the event that the Hospital is eliminating an entire unit, job classification, or major portion thereof, or is combining or separating units, the Association and Hospital will discuss additional options related to such reorganization. Provisions in Article 11.7 shall apply to the awarding of these positions. 1. A nurse notified of layoff shall be entitled to fill any similar category posted position within the Department, provided he/she meets minimum qualifications for the position. 2. If there is no posted position within the department, the nurse may bump the most junior nurse (similar category) within the Department provided he/she meets minimum qualifications for the position. 3. If there is not a classification similar category position posted in the Department from which the nurse is laid-being laid off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-laid off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members nurse may request and shall be given preference over new hires entitled to available replace the most junior similar category nurse in a bargaining unit vacancies in other classificationsposition for which the laid off nurse is qualified to perform, provided they meet the posted qualificationsfollowing normal orientation. If a laid- off Member fails to satisfactorily complete the probationary period in the other classificationTo exercise this right, the laid-laid off Member shall remain on nurse must have greater seniority than the layoff list for the previous classificationnurse being replaced. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members (1) Layoff of regular employees with less than three years' service seniority shall be in reverse order of seniority within a classification and within seniority blocks as specified in Appendix 4 - Seniority Blocks and Seniority Units. (i) A regular employee designated for layoff may opt to use Clause 13.5(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job. (ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. (iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block and same geographic location. (iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i). (3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists with the Employer within the geographic boundaries of the seniority block. (4) A regular employee who are chooses to be laidgo onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-off time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-adoption Leave; but a regular employee recalled to auxiliary work will be notified considered to have auxiliary status for purposes of Clauses 15.3 – Notice of Work Schedules and 15.4 – Short Changeover Premium, the vacation scheduling provisions and notice of layoff as soon specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as possible referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and in no event will recall only. Calculation shall be provided less than fourteen based on 1827 hours of auxiliary seniority per year of regular service seniority (14) days written notice. The word "layoff" shall mean a reduction in the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstancesprorated for partial years). B. Layoff(5) Notwithstanding (1), should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of the assignment’s ending datefamiliarization.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who In the event the Hospital must reduce the workforce for a period of 13 14 continuous calendar days or more in a given unit, ONA can request a meeting with 14 the leadership in the unit to review the reasons for the reduction in workforce and 15 whether a layoff should be initiated. The meeting will be scheduled within five business 16 days. Once the parties have met, if it is determined that a layoff is needed, the Hospital 17 shall institute a layoff that will be in reverse order of seniority provided the nurses 18 remaining on the unit are qualified to perform the work to be laid-off done. If unable to agree in 19 the meeting, ONA can demand a layoff be initiated. Nothing in this language prevents 20 the Hospital from initiating a layoff. 22 The Hospital will be notified provide as soon much advance notice as possible and reasonably possible, but in 23 all cases, in accordance with Article 5.4 - Notice of Termination, in no event case will this 24 notice be provided less than fourteen (14) days written notice21 calendar days. The word "layoff" shall mean a reduction A nurse selected for layoff will have the following 25 steps in the work force due following order. For purposes of this Article, similar category applies to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 126 "benefited" positions and "relief' positions. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may Benefited nurses can bump the least senior Member 27 benefited nurse, and relief nurses can bump the least senior relief nurse in that classification; and; 4each step. If more than one Member 28 multiple positions are being eliminated, the most senior nurse shall exercise their choice 29 among the available options first. In the event that the Hospital is eliminating an entire Date Accepted / / Accepted by ▇▇▇ Accepted by Employer 1 unit, job classification, or major portion thereof, or is combining or separating units, the 2 Association and Hospital will discuss additional options related to such reorganization. 4 Provisions in Article 11.7 shall apply to the awarding of these positions. 5 1. A nurse notified of layoff shall be entitled to fill any similar category posted 6 position within the department, provided he/she meets minimum qualifications for 7 the position. 9 2. If there is no posted position within the department, the nurse may bump 10 the most junior nurse (similar category) within the department provided he/she 11 meets minimum qualifications for the position. 13 3. If there is not a classification similar category position posted in the department from 14 which the nurse is laid-being laid off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-laid off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members nurse may request and shall be given preference over new hires 15 entitled to available replace the most junior similar category nurse in a bargaining unit vacancies in other classifications16 position for which the laid off nurse is qualified to perform, provided they meet the posted qualificationsfollowing normal 17 orientation. If a laid- off Member fails to satisfactorily complete the probationary period in the other classificationTo exercise this right, the laid-off Member shall remain nurse must have greater seniority 18 than the nurse being replaced. 20 In all steps above, the nurse being laid off must notify management within 48 21 hours of receiving notice of layoff of their decision to exercise their bumping rights. 23 A nurse on layoff status will have the layoff list ability to access electronic notification of 24 internal and external posted positions for up to six months. It will be the laid-off nurse's 25 responsibility to meet the application timelines, per Article 11, and the Hospital 26 requirements and application process, in order to be considered for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent posted 27 positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.. Date Accepted / / Accepted by ▇▇▇ Accepted by Employer

Appears in 1 contract

Sources: Professional Agreement

Layoff. A. Members who are Persons subject to be laid-off layoff will be notified affected by the following procedures: 1) Classified employees selected for layoff will receive written notice thirty (30) calendar days prior to the effective date of the layoff, or as soon as possible and possible. Failure to give this notice requirement is not subject to the grievance procedure or binding arbitration or review by any other administrative agency. Employees in no event Classifications identified for layoff shall be laid off in reverse seniority beginning with the least senior employee. 2) Classified employees selected for layoff will have “bumping” rights based on seniority. 3) Classified employees selected for layoff will be provided less than fourteen (14considered for placement in any vacant position(s) days written noticewithin the employee’s job classification for which they are qualified in lieu of “bumping” other employees. The word "layoff" shall mean a reduction If there are no such openings within that classification, then they will be considered for equal or lower paying positions within the employee’s job classification group for which they are eligible. Such placement results in the work force due employee having regular employment in the new job, with no recall rights to the former job. Instead of accepting any such placement which is offered, the employee may elect to bump, as described in paragraph B, or may elect to be placed on the recall list as described in paragraph 6.3. Roseburg Public Schools 2019-2020 Classified Agreement B. Affected employees may elect to “bump” 1) The least senior employee in their classification group; however, “bumping” will be limited to positions requiring equal or fewer qualifications. Employees may not bump into a decline in student enrollment, lack of funds, elimination of a higher-level position, or other unforeseen circumstances. B. Layoffgreater hours, should even though it may be necessary, shall take place by part of the classification based on seniority according group. The order of the “bumping” option will be given to the following procedure: 1most senior affected employee first. Probationary;A refusal to elect the “bumping” option within five (5) District business days from the date of written notice will effectively waive the employee’s rights to “bump” and he/she will be placed on the layoff list; or 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the ) The least senior Member in that classification; and; 4. If more than one Member employee in a position outside the current classification is laid-off, group if the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The employee held that position involves for six (6) months during the same or greater number last five (5) years of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsemployment. C. Laid-off Members shall be given preference over Employees affected by paragraphs A or B, above, will enter the new hires to available bargaining unit vacancies in other classifications, provided they meet position at the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period experience step level held in the other classification, the laid-off Member shall remain on the layoff list for the previous classificationposition from which they were laid off. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are a) When it is necessary to reduce the workforce, layoffs shall be done by classification. Any bumping which may ensue, shall be done outside of the employee’s classification. For purposes of this clause, the classifications shall be defined as: Process Operators Technician, Supply Cycle Trades (Mechanical) Technician, Laboratory Trades (Instrumentation/Electrical) Planners Material Flow Technicians Rail Loaders Probationary employees will be laid off first before seniority employees. Where the Company determines that it is necessary to reduce the number of employees in a classification, layoffs shall be done in reverse order of seniority as amongst employees in the classification(s) to be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstancesreduced. B. Layoff, should it be necessary, shall take place by b) If an employee has been designated for layoff from his classification based on seniority according pursuant to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is above process, he may use his plant seniority to be laid-off in one classification and who has acquired seniority bump a junior employee in another classification may bump on the least following conditions: (i) The senior Member in that classificationemployee must have the ability to perform the available work to the job standard with a ten (10) working day familiarization period; and; 4(ii) He shall assume the rate of pay for the job to which he has moved after one year. If a senior employee is able to perform more than one Member in a classification is laid-offjob, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number (as above described) outside of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other his classification, the laid-off Member Company retains the right to decide into which job the senior employee shall remain move to avoid layoff. The Company will meet with the Union to receive and consider input with respect to the overall bumping plan for affected employees. c) An employee who is bumped by a senior employee seeking to avoid a layoff shall himself have the right to displace another junior employee on the layoff list basis described in (b) above. The employee who is then bumped shall not himself have the right to displace any other employee. The Company may reassign him to other work or may lay him off. d) In preference to permanent layoff, employees who have at least one year of service may request to accept severance pay and terminate their employment. e) The company will reimburse an employee for training and/or moving costs incurred within two years of termination to a maximum of two thousand dollars ($2000), provided such expense is for the previous classificationpurpose of an outside employment opportunity, less any other training or moving subsidy available to the employee. Training costs will include registration, tuition fees, books, and examination fees. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who are (a) A short term layoff shall mean: i) a layoff resulting from a planned temporary closure of any part of the Employer’s workplace during all or part of the months of July and August ( a summer shutdown) or during the period between December 15th and January 15th inclusive (Christmas shutdown); or ii) a layoff resulting from a planned temporary closure, not anticipated to exceed six months in length, of any part of the Employer’s workplace for the purpose of construction or renovations; or iii) any other temporary layoff which is not anticipated to exceed three (3) months in length. (b) In the event of a short term layoff, the Employer shall provide the local Union with no less than 30 calendar days’ notice. (c) Cancellation of single or partial shifts shall not be laid-off considered a layoff, however it will be conducted on the basis of the reverse seniority of employees in the classification affected. A partial or single shift reassignment will not be considered a layoff, however it will also be conducted on the basis of reverse seniority in the classification affected. (d) An employee who has been notified of a short-term layoff may: i) accept the layoff; or ii) opt to retire if eligible under the terms of the Employer's pension plan as soon as possible and outlined in no event will be Article 19; or iii) elect to transfer to a vacant position, provided less than fourteen they are qualified to perform the available work; or iv) displace the least senior employee in the bargaining unit whose work they are qualified to perform. (14e) days written notice. The word A "long-term layoff" shall mean any layoff which is not a reduction in short-term layoff. (f) In the work force due to a decline in student enrollment, lack of funds, elimination event of a position, proposed layoff at the Hospital of a permanent or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to long-term nature the following procedureHospital shall: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump i) provide the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance Union with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two five (25) weeks months written notice of the assignment’s ending dateproposed layoff or elimination of position; and ii) provide to the affected employee(s) no less than five (5) months written notice of layoff. (g) An employee who has been notified of a long-term layoff may i) accept the layoff; or ii) opt to retire if eligible under the terms of the Employer's pension plan as outlined in Article 19; or iii) elect to transfer to a vacant position provided that they are qualified to perform the available work; or iv) displace another employee, in any classification for which qualified, and who has lesser bargaining unit seniority and who is the least senior employee on a unit or area whose work the employee subject to layoff is qualified to perform. (h) In all cases of layoff, the Employer shall meet with the local Union to review the following: i) the reasons for the layoff and the expected duration of the layoff if short term ii) the service which the Employer will undertake after the layoff; iii) the method of implementation including the areas of cut-back and the employees to be laid off; and iv) any limits which the parties may agree on the number of employees who may be newly assigned to a unit or area.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members (a) Prior to layoffs occurring, the Parties will meet and discuss the appropriate application of 30.02 to the circumstances, including but not limited to: (i) the timing and specific process to be followed; and (ii) current seniority. (b) In case it becomes necessary to reduce the work force by: (i) reduction in the number of Employees; or (ii) reduction in the number of regularly scheduled hours available to one (1) or more Employees; the Employer will notify the Union and all Employees who are to be laidlaid off at least twenty-eight (28) calendar days prior to layoff, except that the twenty-eight (28) calendar days notice shall not apply where the layoff results from an Act of God, fire, or flood. If the Employee laid off will has not been provided with an opportunity to work their regularly scheduled hours during twenty-eight (28) calendar days after notice of layoff, the Employee shall be notified as soon as possible and paid in no event will be provided less than fourteen lieu of such work for that portion of the twenty-eight (1428) calendar days written noticeduring which work was not made available. The word "layoff" Where the layoff results from an Act of God, fire or flood the affected Employee shall mean a reduction in receive pay for the days when work force due was not available up to a decline in student enrollment, lack maximum of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written pay in lieu of notice. (c) If the Employer proposes to lay off an Employee, while they are on leave of absence, Workers’ Compensation or absent due to illness or injury, the Union and the Employer shall meet to discuss the process to be followed with respect to Employees on leaves of absence. (d) When notice of layoff is delivered to an Employee in person, the assignment’s ending dateEmployee may choose to be accompanied by a representative of the Union. The availability of such representation shall not impede the notice period as identified in 30.01(b). (e) Subject to operational requirements, Full-Time Employees who have received layoff notice shall be allowed time off for the purpose of attending job interviews during the layoff notice period. The Employer will work with Part-Time Employees who have received layoff notice to make reasonable effort to allow working hours to change to accommodate interviews.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members Section 15.1 The Employer may lay off employees whenever it determines that it is necessary to do so because of lack of work, financial considerations, restructuring within the organization, or such other reason as it may determine. Employees shall be selected for layoff in accordance with the remaining provisions of this Article. Section 15.2 In the event of layoff, the Employer will review each employee classification and prioritize essential and nonessential positions in each class, with the goal of maintaining direct client services as first priority. Section 15.3 Employees within a classification to be laid off may volunteer to be laid off, and, such volunteers will be considered by the Employer for possible layoff. Volunteering for layoff may have an impact on the employee’s unemployment eligibility. If an insufficient number of employees volunteer for layoff, or if the Employer determines that one or more of the volunteers should not be laid off, those employees who are in the affected classification within the program targeted for reduction will be laid off in the inverse order of their seniority, i.e., the person with the least seniority shall be laid off first. Section 15.4 If an employee to be laid-laid off has completed their trial service period and there is a vacant position in the same or lower class in another of the Employer's programs and the Employer determines the employee is qualified for such position, the employee will be notified as soon as possible offered that position if s/he requests it. The employee will serve no Trial Service period in the new position. If an employee to be laid off has not completed their Trial Service Period and there is a vacant position in no event the same or lower class in another of the Employer’s programs and the Employer determines the employee is qualified for such position, the employee will be provided less than fourteen (14) days written noticeoffered that position if he/she requests it. The word "layoff" shall mean a reduction employee will complete their Trial Service Period in the work force due to a decline in student enrollment, lack of funds, elimination of a new position, or other unforeseen circumstances. B. LayoffSection 15.5 If an employee qualifies for and accepts a vacant position in a lower classification in lieu of layoff, should his/her salary will not be reduced unless it exceeds the highest rate in the new salary range, in which event his/her salary will be necessary, shall take place by classification based on seniority according reduced to the following procedure: 1highest level in that range. Probationary; 2. Non-probationary; 3. Member Employees who is have been laid off shall have the right to be laid-off in one classification and who has acquired seniority in another classification may bump displace the least senior Member in that classification; and; 4. If more than one Member employee in a lower classification is laidprovided they have previously worked the same position as the employee to be displaced and/or are qualified to perform the work of that position. Section 15.6 Employees to be laid off will receive at least twenty-offone (21) days’ notice prior to the layoff or twenty-one (21) days’ pay in lieu of twenty-one (21) days’ notice of layoff, with such entitlement calculated on the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply:basis of regularly scheduled hours. Section 15.7 a. The position involves Laid-off employees who are recalled to the same or greater number lower classification of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members employment within one (1) year of their layoff shall be given preference over new hires credited with all seniority accrued prior to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classificationtheir layoff. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are to be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written noticeSection 10.1. The word "layoff" Company shall mean a reduction in have the work force due right to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-lay off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniorityemployees for business reasons. The following stipulations Company will apply: a. The position involves the same or greater number of work hours, unless the laid-provide employees being laid off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written advance notice or pay in lieu of such notice or portion thereof. Notice of layoff shall also be given to the Guild. Section 10.2. In the event of a layoff, the Company in its sole discretion shall determine decisions as to who may be laid off. Factors to be considered shall include but not be limited to work record, employee qualifications, ability to do remaining work and the length of service. Section 10.3. When it is necessary to reduce the force for economy reasons, the Company shall accept voluntary layoffs in the classification involved, as long as the retained employee is qualified to do the work of the assignmentperson who volunteered for layoff. Layoffs will be conducted under the terms established in Article X of this agreement. The number of total employees dismissed shall be reduced to the extent that the necessary payroll savings has been achieved by voluntary layoffs. Section 10.4. Employees dismissed for layoff shall be on a rehire list for six (6) months. The Company will recall employees from the list for openings should they occur within this six (6) month period if the employee has worked in the open position and possesses the necessary qualifications based on the then current job description. The Company shall notify the employee by certified letter with return receipt requested at the employee’s ending datelast known address given to the Company. If the certified letter is not signed for by the employee, for whatever reason, the Company is released of all obligations toward said employee for purposes of the recall. The Company may then notify the next employee on the rehire list, if any, or hire as new employee to fill the position. Section 10.5. The Company’s decisions under Sections 10.1 and 10.2 of this Article are not subject to arbitration. Section 10.6. Employees who suffer a total loss of employment as a result of a Company layoff shall be afforded the same or comparable severance pay and group benefits as provided to non- bargaining unit employees, subject to the same terms and conditions, in place at the time of the layoff. However, such pay and benefits shall not be less than one (1) week of base pay for each year of service with a minimum of two (2) weeks to a maximum of twelve (12) weeks severance plus COBRA healthcare care coverage for a minimum of three (3) months at the same prevailing employee contribution rate for the selected coverage.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are 17.1 Where it becomes necessary in the opinion of Management to be laid-off reduce the working force, the following procedure will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedureobserved: 1. Probationary;Probationary employees shall be terminated before bargaining unit employees are affected. 2. Non-probationary;If further reductions are necessary, the employee with the least bargaining unit seniority shall be displaced. If the bargaining unit is separated into branches in the future and the employee with the least seniority at the branch facing layoffs has more bargaining unit seniority at another branch, that employee may bump into the other branch displacing an employee with less bargaining unit seniority, provided that he is capable to perform the functions of that employee within a trial period of five (5) days. 3. Member who 17.2 If an employee is unable to displace any employee in the Unit, he will receive notice of layoff and at the designated time, will become an inactive employee on layoff. 17.3 Seniority shall be laid-off maintained and accumulated during an absence due to layoff for a period equaling the employee's seniority, at the time of layoff, but in one classification and who any event, not to exceed twelve (12) months.· 17.4 The Company will provide a minimum notice of 48 hours prior to layoff provided the employee has acquired seniority in another classification may bump the least senior Member in that classification; and; 4bargaining unit. If more Notice for layoffs for greater than one Member in a classification is laid-off, the affected Members shall select from available positions thirteen (13) weeks will be in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number Employment Standards Act of work hours, unless the laidB.C. This minimum notice of forty-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active eight (i.e., on layoff or non-permanent assignment has ended48) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement hours will not apply to Members who are hired layoffs as a result of factors beyond the control of the Company. If an employee is to fill long-termbe force reduced and must bump into another geographical location, non-permanent positions; howeverthat employee may elect to be laid off. 17.5 In the event that an employee with twenty (20) or more years of service is laid off due to technological change, Members that are filling long-term, non- permanent positions the employee will be notified as soon as possible and in no event will be provided less than two entitled to one (21) weeks written notice week of the assignment’s ending datepay for each year of service.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who ‌ (The following provisions are subject to Schedule “F” for Temporary Full-Time, Auxiliary, and Regular Part-Time Employees.) (a) When laying off an employee or employees within each classification, the last hired shall be laid-the first laid off, based on length of service within the Branch, it being understood that: (i) the Employer may place the laid off employee in a vacant regular full- time position of the same classification within the bargaining unit (ii) if the employee is not placed in a vacant position under 14.1(a)(i) within 14 calendar days of receipt of notice, the employee has the option to bump: a. the least senior employee in their classification within the branch; or b. the least senior employee in a lower classification within the branch; or c. the least senior employee in a classification valued at or below Operations Worker II in any branch. (iii) If employees are not placed in a vacant position under 14.1(a)(i) and do not opt to bump under 14.1(a)(ii), they will be notified as soon as possible placed on the recall list. Employees only have the above bumping rights in relation to positions for which they are already qualified and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due are able to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstancesperform. B. Layoff(iv) probationers have no seniority, should it be necessaryand (v) an employee who has been promoted from one classification to another, shall take place by and subsequently demoted to the lower classification based on shall, within that lower classification, have seniority according to length of service in the following procedure:Branch and shall, if a layoff occurs, be laid off accordingly. 1. Probationary; 2. Non-probationary; 3. Member (b) Employees who is to be laid-off in one classification have completed their probationary period and who has acquired seniority are laid off and subsequently recalled to work in another classification may bump their Branch within one (1) year of the least senior Member layoff, shall be credited with previous service in that classification; and; 4Branch for the purpose of determining length of service in connection with vacations and other benefits based on length of service. If more than one Member Employees who have completed their probationary period and who have been laid off and subsequently recalled to work in a classification is laid-Branch, other than the Branch from which the employee was laid off, within one (1) year of the affected Members layoff shall, upon completion of six (6) continuous months of service in the new Branch, be credited with the employee's previous service in the Branch from which the employee was laid off for the purpose of determining length of service in the new Branch. After one year in the new Branch the employee's seniority shall select from available positions be applicable only to the new Branch and shall have no application in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsemployee's former Branch. C. Laid-off Members (c) Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the control of the Employer the Employer shall give to the employees concerned who have completed the probationary period not less than ten (10) days' prior written notice of any layoff under this Clause. Such notices shall be given preference over new hires in writing either by delivering or mailing the same to available bargaining unit vacancies in other classifications, provided they meet the posted qualificationsemployee for whom it is intended. If an employee to whom notice of layoff is given under this Clause 14.1(c) has not been given the opportunity to work for at least ten (10) days of the period of such notice the employee shall be paid for those days for which work was not made available. The Employer shall be required to give notice of layoff under this Clause 14.1(c) only to those Regular Full-Time, Regular Part-Time, Temporary Full-Time and Auxiliary Employees who have acquired seniority rights in either a laid- off Member fails to satisfactorily complete regular seniority pool or an auxiliary seniority pool and have completed the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classificationas aforesaid. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who The parties agree that seniority within the collective bargaining unit shall be the basis for reductions in staff. If a reduction of the office and clerical staff is necessary due to economic or other reasons and one or more employees are to be laid-off will be notified as soon as possible and in laid off, the employee(s) so affected may first accept any open permanent position(s) within one (1) calendar week of the date of notification by the District. If no event will be provided less than fourteen such position is available or accepted, the affected employee may accept the layoff or elect to replace: (141) days written notice. The word "layoff" shall mean a reduction the employee with the least seniority in the work force due same classification provided the employee is qualified to a decline in student enrollment, lack satisfactorily perform the duties of funds, elimination of a such position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on (2) in the event the duties of the employee with least seniority according are greatly dissimilar to those of the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-offaffected employee, the affected Members shall select from available positions employee may replace the next least senior employee in accordance with their seniority. The following stipulations will apply: a. The position involves the same classification provided the employee is qualified to satisfactorily perform the duties of such position. For purposes of this paragraph, the School District shall determine whether or greater number not positions are greatly dissimilar and any grievance related to this question may be processed by an employee only through the School Board review as provided in Section 6 of work hours, unless this Article. On this issue the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies decision of the posted qualificationsSchool Board shall be final and binding and such decision may not be appealed to the arbitrator. C. Laid-off Members Subd. 1. In the event of a demotion as a result of bumping or other circumstances, an employee so demoted shall be compensated on the same step on the salary schedule as occupied prior to the demotion in the new classification. Subd. 2. Notice of such layoffs shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than at least two (2) weeks written notice before the scheduled layoff, except twenty-four (24) hours in cases of emergency, including labor disputes, or at the sole discretion of the assignment’s ending dateDistrict shall receive ten (10) days’ pay in lieu thereof. Subd. 3. Employees shall be recalled in order of seniority for a position within the same classification held prior to layoff or a lower classification for which qualified. If a position becomes available for a qualified employee on layoff, the School District shall mail by certified mail the notice to such employee who shall have seven (7) calendar days from the date of mailing of such notice to accept the reemployment. If written acceptance is not received by the district within such seven (7) calendar day period, it shall constitute a waiver on the part of such employee to any further rights of employment or reinstatement and (the employee) shall forfeit any future reinstatement or employment rights. The employee must accept the first offer of rehiring at same classification from which the employee was laid off or the employee shall be removed from the recall list. The employee may refuse an offer for a lower classification position without losing recall rights to a position at the same classification from which the employee was laid off. However, once an employee is offered a lower classification position and refuses such offer, only higher classification positions need be offered. Subd. 4. An employee recalled and reinstated shall receive the rate of pay corresponding to the step the employee was receiving at the time of layoff and in the classification of the new position to which recalled. Subd. 5. All employees on the layoff list should be considered for all openings for which qualified prior to hiring a person not employed by the School District. Subd. 6. An employee on layoff shall retain his/her seniority and right to recall within classification in seniority order for a period of one (1) year after the date of layoff.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are to be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-laid- off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirtythirty (30) days of their last day of work indicating they would like to be placed on the substitute list. Such Members shall be called on a rotating basis for short-term assignments (1-4 days). Members called for short-term assignments will remain in the position until the point at which it can be determined that the position will be of a duration of five (5) or more days. For assignments of five (5) or more days. See Article E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-long- term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Master Agreement

Layoff. A. Members 14:01 Where layoffs of employees are necessary due to the seasonal nature of golf in Manitoba, employee layoffs will take place commencing with the most junior employee and ascending from there to the most senior employee. This section is subject to the requirement that the employees who are retained must have the qualifications and ability to be laid-off perform the duties which the remaining employees will be notified required to perform. 14:02 Employees who were employed prior to March 31, 1995 shall receive at least four (4) weeks’ notice in writing of their date of being laid off, or the equivalent pay and benefits in lieu thereof. Employees who were employed as soon as possible of April 1, 1995 and thereafter shall receive at least two (2) weeks’ notice in no event will writing of their date of being laid off, or the equivalent pay and benefits in lieu thereof. The Union shall be provided less than copies of the notices. 14:03 Employees laid off shall be placed on a recall list, and shall be called back to work to their positions as required, beginning the most senior employee and descending from there. The Union shall be provided with a copy of the recall list plus any amendments. 14:04 Employees on a recall list shall: (a) Report any change of address and/or telephone number to the Employer without undue delay; (b) When recalled to their positions, respond to it within seven (7) days; (c) Return to work within fourteen (14) days written notice. The word "layoff" shall mean a reduction in of the work force due to a decline in student enrollment, lack of funds, elimination of a positionrecall, or to such other unforeseen circumstances. B. Layoff, should it date as may be necessary, shall take place by classification based on seniority according agreed to between the following procedure: 1. Probationaryemployee and the Employer; 2. Non-probationary; 3. Member who is to be laid-off in one classification (d) Except for good and who has acquired seniority in another classification may bump sufficient reasons accept the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions recall in accordance with their seniority. The following stipulations will apply: a. The position involves this section or the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsemployee shall be deemed to have resigned. C. Laid-off Members 14:05 Notwithstanding any other provision in this Agreement, no new employees shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members hired until all employees who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions laid off have been given the opportunity of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending datebeing recalled.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who are to (a) A layoff shall be laid-off will be notified defined as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a any reduction in of the work force due to a decline in student enrollment, lack or of funds, elimination of a position, or other unforeseen circumstanceshours affecting bargaining unit employees. B. Layoff, should it (b) In all cases of layoffs employee(s) will be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-laid off in one classification reverse order of seniority ranking (including employees who are still serving their probationary period), provided that the Employer may retain sufficient employees who possess the necessary qualifications and/or ability, knowledge and who has acquired seniority skill to perform the jobs available. Employees shall follow the process outlined in another classification may bump the least senior Member in that classification; and;Article 26.02 (e) and 26.02 (f). 4. If more than one Member in a classification is laid-off, the (c) Employee(s) affected Members by any layoff shall select from available positions be provided with notice in accordance with the Employment Standards Act or one (1) month, whichever is greater. (d) Employees on layoff shall be entitled to continuing participation in the benefit plans in accordance with the Collective Agreement, provided that the employee pays the full premium payment for such coverage by pre- authorized debit and that the insurance policies permit such coverage to employees while on layoff. (e) In the event that (an) employee(s) is/are declared redundant, the employee(s), in order of seniority shall have the right to displace the most junior employee with an equivalent number of hours of work, subject to possessing the necessary qualifications and/or ability, knowledge and skill to perform the job. An employee displaced shall follow the same procedure. (f) If there is not a more junior full-time employee to displace a full-time employee shall have the right to displace the following employees, subject to possessing the necessary qualifications and/or ability, knowledge and skill to perform the job: i) the two most junior part-time employees who have less seniority than the full-time employee; or ii) the most junior part-time employee who has less seniority than the full-time employee, and be placed on recall for the other part of their seniorityposition; or the full-time employee may elect to: iii) change their status to become a part-time employee on a permanent basis; or iv) be laid off. The following stipulations will apply: a. The position involves Employer shall not be required to alter the same or greater number of work hoursassignments to accommodate this provision. In the event the assignments do not accommodate the employee, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsemployee shall not be entitled to both assignments. C. Laid-off Members (g) An employee who does not obtain a position through this procedure shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualificationsidentified for layoff. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member Such employee shall remain be placed on the layoff recall list for in order of seniority with the previous classificationmost senior at the top. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members 12.01.1 When there is a layoff of a Flight Crew Member who are has successfully completed his probationary period, such layoff shall be in inverse order of the Flight Crew Member Master Seniority List (Appendix A) as updated from time to be laid-off will be notified as soon as possible time, by position, equipment and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force Base. 12.01.2 Any such Flight Crew Member adversely affected due to a decline in student enrollment, lack of funds, elimination of a position, reduction at his Base shall have the right to either accept lay off status or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on exercise his seniority according to the following procedurefollowing: (a) displacing a more junior Flight Crew Member in another position at his Base; OR (b) displacing a more junior Flight Crew Member in his position or lower position on the system; OR (c) displace the most junior Flight Crew Member in his position or a lower position and system on any aircraft type. 12.01.3 Any Flight Crew Member displaced by a more senior Flight Crew Member shall have the same right to exercise his Flight Crew Member Master Seniority as outlined in Article 12.01.2. 12.01.4 When layoffs occur, the Company will advise the Union in writing of the number of Flight Crew Members to be laid off, and the equipment to be affected, the date(s) on which the layoffs will become effective, and the reasons(s) for the layoffs. 12.01.5 One (1. Probationary;) copy of all layoff notices will be sent to the Union. 2. Non12.01.6 The Company agrees not to increase the number of managers who perform bargaining unit work as a direct result of a layoff of bargaining unit members. 12.01.7 Upon request, Flight Crew Members who have been laid off, and whose Company-probationary;required instrument rating is due to expire within six (6) months from the date of layoff, shall have their instrument rating renewed by the Company prior to layoff. 3. 12.01.8 A Flight Crew Member who is to be laid-laid off shall file his address with the Company and shall thereafter promptly advise the Company of any change in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsaddress. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off 12.01.9 A Flight Crew Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., retain and accrue seniority while on layoff or non-permanent assignment has ended) who wish for a continuous layoff period up to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of years. Following this period, his seniority and employment with the assignment’s ending dateCompany will be terminated.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who are (a) A short-term layoff shall mean: i) a layoff resulting from a planned temporary closure of any part of the Employer’s workplace during all or part of the months of July and August (a summer shutdown) or during the period between December 15PthP and January 15PthP inclusive (Christmas shutdown); or ii) a layoff resulting from a planned temporary closure, not anticipated to exceed six months in length, of any part of the Employer’s workplace for the purpose of construction or renovations; or iii) any other temporary layoff which is not anticipated to exceed three (3) months in length. (b) In the event of a short-term layoff, the Employer shall provide the local Union with no less than 30 calendar days’ notice. (c) Cancellation of single or partial shifts shall not be laid-off considered a layoff, however it will be conducted on the basis of the reverse seniority of employees in the classification affected. A partial or single shift reassignment will not be considered a layoff; however it will also be conducted on the basis of reverse seniority in the classification affected. (d) An employee who has been notified as soon as possible and of a short-term layoff may: i) accept the layoff; or ii) elect to transfer to a vacant position, provided she/he is qualified to perform the available work; or iii) displace the least senior employee in no event will be provided less than fourteen the bargaining unit whose work she/he is qualified to perform. (14e) days written notice. The word A "long-term layoff" shall mean any layoff which is not a reduction in short-term layoff. (f) In the work force due to a decline in student enrollment, lack of funds, elimination event of a position, proposed layoff at the Employer of a permanent or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to long-term nature the following procedureEmployer shall: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump i) provide the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance Union with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two sixty (260) weeks days written notice of the assignment’s ending dateproposed layoff or elimination of position; and ii) provide to the affected employee(s) no less than sixty (60) days written notice of layoff. (g) An employee who has been notified of a long-term layoff may i) accept the layoff; or ii) elect to transfer to a vacant position provided that she/he is qualified to perform the available work; or iii) displace another employee, in any classification for which qualified, and who has lesser bargaining unit seniority and who is the least senior employee on a unit or area whose work the employee subject to layoff is qualified to perform. (h) In all cases of layoff, the Employer shall meet with the local Union to review the following: i) the reasons for the layoff and the expected duration of the layoff if short term ii) the service which the Employer will undertake after the layoff; iii) the method of implementation including the areas of cut-back and the employees to be laid off; and iv) any limits which the parties may agree on the number of employees who may be newly assigned to a unit or area.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members 13.01 There shall be no regular full-time employees laid off in a classification, in a department, while there are non-regular employees working in that classification. 13.02 If layoffs occur, the junior regular full-time employee in the classification will have the right to displace a part-time employee in their job classification, preferably on their shift if possible, otherwise on any shift plant wide, providing they are able to perform the work. 13.03 Failing this, the regular full-time employee shall then be able to exercise their seniority to displace the most junior regular full-time employee in their job classification, plant wide, providing they are able to perform the work. 13.04 Failing this, the regular full-time employee shall then be able to exercise their seniority to displace the most junior regular full-time employee plant-wide, providing they are able to perform the work. 13.05 Failing this, the regular full-time employee shall then be able to exercise their seniority to displace the most junior regular full-time employee in the next highest job classification, providing they are fully qualified and willing to perform the available work. In order to accommodate this, the Company will layoff the necessary non-regular employee to make room for the bumping. 13.06 The most junior regular full-time employee so bumped may exercise his/her right to bump the most junior regular full-time employee plant wide providing they are fully qualified and willing to perform the available work and the company will layoff the number of non-regular employees to make this bumping possible. 13.07 A regular full-time employee who exercises their right to displace another employee pursuant to the foregoing shall be paid the rate of the job classification in which they exercise their displacement rights. 13.08 For the purpose of this Article, non-regular employees shall be defined as any part-time employee, agency employee, student or probationary employee. 13.09 A regular full-time employee displaced at any stage, other than the one (1) day layoff referred to in 13.15 shall continue the aforementioned procedure. 13.10 Recall shall be in reverse order of layoff. The last regular FT employee laid off (providing they still have recall rights) shall be the first employee entitled to recall providing they are fully qualified and willing to perform any available permanent work. It is understood and agreed that such permanent available work shall not be construed as a vacancy under Article 12 – Seniority, Section 12.08. 13.11 Employees who are to be laid-laid off will be notified as soon as possible and in no event will be provided shall have recall rights for one (1) year if they have seniority of one (1) year or more. Employees with less than fourteen one (141) days written notice. The word "layoff" year seniority shall mean a reduction in the work force due have recall rights equivalent to a decline in student enrollment, lack their length of funds, elimination of a position, or other unforeseen circumstancesservice. B. Layoff13.12 For the purpose of layoff, should it be necessarythe Co-chair of the facility shall have super seniority within their respective departments. 13.13 When a shift change occurs, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laidbecause of lay-off in one classification the bargaining unit, reference to Article 8.01(b) will not be applicable. 13.14 The Company will “call back” employees by seniority until the daily schedule requirements are met on a first call only basis. 13.15 In the event that an employee is laid off and who has acquired seniority in another classification may is unable to bump a same day shift as a result of the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-offshift schedules, the affected Members shall select from available positions in accordance with their seniority. The following stipulations employee will apply: a. The position involves the same or greater number of work hours, unless the laidaccept a one (1) day lay-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall and be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list scheduled for the previous classificationnext scheduled shift accordingly. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who are to be laid-off will be notified as soon as possible and in no In the event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean there is a reduction in of personnel within the work force due to a decline in student enrollmentbargaining unit, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it employees shall be necessary, shall take place by classification based on seniority according to reduced within the following procedurelayoff groups as follows: 1. Probationary;Accounts Payable, Administrative Assistants, Athletic Secretary, Financial Assistants, High School Principal Secretary (52 week employees) 2. Non-probationary;Secretary I 3. Member who Secretary II 4. Paraprofessionals/Paraeducators/ (hourly employees) Employees shall be reduced in order of inverse seniority within the layoff group being reduced, provided there is to be laid-off in one classification and a more senior employee who has acquired seniority either previously performed satisfactorily in another classification may bump the position or possesses the minimum skills required and can demonstrate within a twenty (20) work day trial period, the present ability to perform all of the duties of the position from which the less senior employee is reduced. B. Procedure (For Transportation Paraprofessionals, see Article X.A., paragraph 4) 1. An employee laid off from layoff group 1 (Section A above) shall have the option to accept layoff or to exercise the right to displace the least senior Member employee from layoff group 1, 2 or 3 (Section A above). An employee laid off from group 2 (Section A above) shall have the option to accept layoff or to exercise the right to displace the least senior employee from lay off group 2 or 3 (Section A above). An employee whose position is eliminated, or who is displaced due to reduction of personnel, shall have the right to displace the least senior employee within the same classification who is working the same number of hours, or in the alternative the closest number of hours as the reduced employee or a lower paid classification, provided the employee has the qualification and ability to perform the duties of the position. A full-time (6.5 hours or more per day) employee will have the right to displace a less (least) senior full-time employee before part-time. Employees who exercise the right to displace and accept a position in the Paraprofessional or Paraeducator/Transportation Paraprofessional classification shall not lose their recall rights to their former classification. Reduction of personnel will be utilized when there are more employees than positions remaining. In the event that classification; and; 4. If more than one Member in a classification is laid-offthere remain the same number of employees within the bargaining unit as existing bargaining unit positions, the affected Members shall select from available positions in accordance with their seniority. The following stipulations Employer will apply: a. The invoke involuntary transfer (Article VIII,D) to avoid layoff, provided the employee is qualified for the position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsavailable. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications2. If a laid- off Member fails to satisfactorily complete the probationary period in the other classificationWhen there are multiple layoffs, the laid-highest senior laid off Member employee shall remain on have the layoff list for first choice of the previous classification. D. Members who are involuntarily in-active lowest (i.e., on layoff or non-permanent assignment has endedleast) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent senior positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.i.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who 28:01 Where by reason of a shortage of work or funds, or the abolition of a position or material changes in duties or organization, the Authority determines that layoff(s) is necessary, the Authority shall determine the classification(s) from which the layoff(s) are to take place. 28:02 Subject to this Article, the Authority shall determine the group of employees concerned within each classification from which employees are to be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstanceslaid off. B. Layoff28:03 Except where specifically provided, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will Article does not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided the layoff of: (a) term employees at the end of a specific term of employment (b) term employees with less than two (2) weeks years of seniority. 28:04 Where the Authority is laying off an employee, notice of layoff or pay in lieu thereof will be given in accordance with the following: (a) Where a term employee is being laid off at the end of a specific term of employment or after completion of a job for which she was specifically employed, no notice of layoff is required. (b) Four weeks’ notice will be provided to: (i) regular employees (ii) term employees with one (1) or more years of seniority. (c) Two weeks’ notice will be provided to term employees with less than one (1) year of seniority. 28:05 The Union will be provided a copy of layoff notices issued to: (a) regular employees (b) term employees with two (2) or more years seniority 28:06 Where the layoff of a regular employee(s) is necessary, the Authority shall provide the Union with written notice not less than forty (40) days prior to the date of layoff(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected. 28:07 For the purposes of this Article, “regular employee(s)” refers to full-time and part-time employee(s) and “term employees(s)” refers to full-time and part-time employee(s). 28:08 Term employees with less than two (2) years of seniority shall be considered for layoff prior to the layoff of other term or regular employees. 28:09 An employee who is to be laid off and who elects to exercise the employee’s displacement option may displace the most junior employee in the employee’s current class subject to the following: (a) The employee must have the qualifications and ability to perform the duties which the remaining employees will be required to perform. (b) If the employee cannot displace the most junior employee under Subsection (a), the employee may then elect to displace the next most junior employee in the class. (c) The process will continue in this manner until the employee is able to displace an employee in the class or there are no displacement opportunities. (d) The employee who is displaced and is to be laid off and who elects to exercise the employee’s displacement option may displace the most junior employee in the employee’s current class in accordance with the process in this Section. 28:10 An employee who is to be laid off and who has no displacement option within the employee’s class as a result of Section :09 may elect to displace the most junior employee in another class which has the same or lower maximum rate of pay, provided the qualifications and ability of the assignment’s ending dateemployees are relatively equal. For this purpose, the rate of pay will be based on the bi-weekly rate of pay in the pay plan. The displacement process in that class will follow the provisions of Section :09. 28:11 Notwithstanding the process required in Section :09, the effective date of the layoff will not change from that provided to the initial laid off employee. 28:12 An employee who is entitled to displace another employee in accordance with the provision of this Article may have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which the employee acquires the necessary qualifications and ability to enable the employee to displace another employee. 28:13 Where employees have been laid off, the Authority shall not use casual employees to do the work of the laid off employees except: (a) where the laid off employees are not available for work or (b) in emergency situations. 28:14 Where an employee, including a term employee, alleges that his or her layoff has not been in accordance with this Agreement, the Grievance Procedure set forth in this Agreement shall apply except that the grievance shall be initiated at the second step of the procedure. 28:15 For purposes of this Article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental, and physical capability. The employer in making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable, and non-discriminatory manner.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who are to An employee may be laid-laid off will be notified as soon as possible and by the Employer in no event will be the ▇▇▇▇▇▇ herein provided less than fourteen (14) days written notice. The word "layoff" shall mean when there is a lack of ▇▇▇▇ or funds, which r~uires a reduction in personnel. Under this contract there wilL be no minimua number of bar9aininq unit employees that the work force due City must retain at work, except that those cLerical e.pLoyees remaining on the job as of July 1, 1991 shalL not be subject to a decline in student enrollment, lack layoff during the term of funds, elimination of a position, or other unforeseen circumstancesthis contract. B. LayoffNo reqular employee shalL be laid off while there are limited tera, should it be necessarypart-time, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available probationary or provisionaL eep.loyees serving positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same classification, nor shalL any probationary employee be laid off while there are li.ited ter., part-time or greater number of work hours, unless provi- sional employees serving in positions in the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationssame classification. C. Laid-When the need arises for layinq off Members recJular e.- ployees, the individual ~loyees shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- laid off Member fails to satisfactorily complete the probationary period in the other classificationin- verse order of their seniority, the laid-off Member shall remain on the layoff list for the previous classificationas already defined. D. Members who are involuntarily in-active (i.e.When the need ar ises for Lay i1\9 off of an emp loyee serving a pro.otional probationary period, on such employee shall be returned to a position in the classification fro. -nich he was pro_oted and layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirtybe made fro. said classification in the aanner herein provided. E. Should the City determine to layoff an employee fro. a job classification, it shall Layoff the employee in the job classification with the least amount of City-.ide senior- ity. This eeployee shall have the right to bump into a job classification of ~uivaLent or Lower compensation level, pro- vided: (1) The layoff provisions of this Agreement will not apply to Members who are hired to fill longbu.pinq employee has more City-termwide seniority than the bumped employee, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice the bumping employee is capable of performing the assignment’s ending datebWBPed eepLoyeets job with a minieue four (4) week trial period. F. The Employer shall furnish the Local Union

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members 16.01 Employees shall be laid off in each job classification in reverse of seniority and recalled in order of seniority. 16.02 Laid off employees who wish to be notified of job vacancies, other than those to which they have recall rights, may signify their desire in writing prior to lay-off and shall be entitled to apply for such jobs in compliance with 14.05(e). 16.03 The Employer shall give employees who are to be laid-laid off will be notified as soon much advance notice as is possible and in no event will case shall notice or pay in lieu of notice be provided less than fourteen (14) days written notice. The word "layoff" shall mean the amounts provided under the Employment Standards Act. 16.04 As a reduction in the work force due to a decline in student enrollment, lack of funds, elimination result of a positionlayoff, or other unforeseen circumstancesno employees will have their regular work hours increased. B. Layoff16.05 As a result of attrition, should it no employee shall have their regular work hours increased unless approved by the employee and the Union. 16.06 No new employee shall be necessaryhired until all laid off employees in that job classification have been given the opportunity to return to work in compliance with 14.05 (e). 16.07 In the event of layoff, the Employer shall take place by lay off employees within their classification based on seniority according starting with the least senior. i) accept the layoff; or ii) displace an employee who has lesser seniority, and is of the same status (full or part-time), if the employee originally subject to the following procedure: 1layoff is qualified for and can perform the duties without training other than orientation. Probationary; 2. Non-probationary; 3. Member Such employee so displaced shall be laid off and may bump an employee who is to be laidof the same status (full or part-off in one classification time), and who has acquired seniority in is a less senior employee, if the employee originally subject to layoff is qualified for and can perform the duties without training other than orientation. Such employee so displaced shall be laid off. iii) where a full-time employee cannot bump another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laidfull-off, the affected Members shall select from available positions time employee in accordance with their senioritythe above, she can displace a part-time employee who is less senior provided she is qualified for and can perform the duties without training other than orientation. Such part-time employee so displaced shall be laid off and shall be entitled to the rights as set out in (ii) above. A part-time employee who cannot bump another part-time employee shall likewise have the right to displace a less senior full-time employee provided she is qualified for and can perform the duties without training other than orientation. Such full-time employee so displaced shall be laid off and shall be entitled to the rights set out in (ii) above. The following stipulations will apply: a. The position involves decision of the same employee to choose (i), (ii), or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members (iii) shall be given preference over new hires in writing to the Manager within seven (7) calendar days following the notification of layoff. An employee failing to do so, will be deemed to have accepted the layoff. Any other employee subsequently bumped must exercise their bumping rights within three (3) days of their being bumped. iv) orientation is defined as an opportunity for the Employer to advise the bumping employee of any particular requirements, procedures, or aspects of the job and for bumping employees to become familiar with the job processes and requirements. It is not a training period. An employee shall have the opportunity of recall from a layoff to an available bargaining unit vacancies opening, in other classificationsorder of seniority, provided she has the qualifications and ability to perform the work without training other than orientation. The positions shall be posted first. Applicants currently working, as well as those on layoff, will be considered in accordance with the job posting procedure in Article 15. A laid off employee shall retain the rights of recall for a period of thirty (30) months from the date of layoff. In determining the ability of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. 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. 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, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the Employer of her intention to return to work within five (5) 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 Employer (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within seven (7) 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 to work. The employee is solely responsible for her proper address being on record with the Employer. Employees recalled to temporary positions as a result of being the successful applicant are entitled to refuse such an offer without losing their recall rights. Employees recalled to permanent positions as a result of being the successful applicant will be advised that the recall satisfies the requirements for recall in the Collective Agreement and that they meet will not be entitled to further recall. When a laid off employee bids for and is successful in obtaining a posted permanent position, she shall have no further recall rights. Employees on layoff are responsible for maintaining the posted qualificationsnecessary qualification for performing the work from which they are laid off. If the Employer lays off employees from a laid- off Member fails to satisfactorily complete the probationary period in the other classificationparticular Program, the laid-off Member shall remain on the layoff list employees will be considered qualified for the previous classification. D. Members who are involuntarily in-active (i.e.purposes of recall in that Program during their entire recall period, unless prohibited by law. Persons on layoff shall be deemed to have applied for all such jobs while they retain recall rights. Notice of Layoff In the event of a proposed layoff of a permanent or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-termterm nature, non-permanent positions; howeverthe Employer shall provide to the affected employees, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of layoff, or pay in lieu thereof in accordance with the assignment’s ending dateEmployment Standards Act. A layoff of a long-term nature is defined as a layoff for a period of more than twelve (12) weeks.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who are to be laid-off 28.01 Where employees will be notified impacted by reorganization, downsizing and/or relocation, the affected employees will be given as soon much notice as possible of the changes that will be occurring and in no event the probable impact on staff. Such information will be provided no later than two weeks prior to the issuance of the surplus notice. 28.02 Where less than fourteen (14) days written notice. The word "layoff" shall mean a reduction the full complement of positions within an administrative unit or other such work unit are being declared surplus, the employees in the work force due unit will be offered the opportunity to: (a) volunteer their positions for surplus status in accordance with Article 30 (Voluntary Exit Option) and exit the OPS with pay-in-lieu of notice under Article 29 (Surplus Entitlements), and (b) to propose work arrangements (such as unpaid leaves, job-sharing, regular part-time) which may reduce or eliminate the need to issue layoff notices. The employees will have five (5) days from the point the opportunity is offered to either volunteer or propose alternate work arrangements. If more employees volunteer for surplus status than the number of positions to be reduced, the manager should advise the employees and determine if any employee(s) chooses to withdraw his or her request. If not, management will choose the most senior volunteer (as defined by Article 35 – Seniority), subject to ensuring that organizational requirements are met. 28.03 Where a decline in student enrollmentlayoff may occur, lack the identification of funds, elimination of a position, individual(s) to be declared surplus within an administrative unit or other unforeseen circumstances. B. Layoff, should it such work unit shall be necessary, shall take place by classification based on in accordance with seniority according to in the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who position that the Employer has determined is to be laid-off in one classification and who has acquired seniority in another classification may bump reduced or eliminated. 28.04 The surplus notice provided to the least senior Member in that classification; andemployee must include the following information: (a) The date when the notice period begins; 4. If more than one Member in a classification is laid-off, (b) The length of the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept lessnotice period; b. (c) The laid-off Member has more senioritylayoff date; (d) Authority for the release (Public Service Act, s. 22(4)); and c. (e) The Member satisfies employee’s specific exit, OPS pension or redeployment options. Within five (5) working days of receiving the posted qualificationssurplus notice, the employee must advise his or her manager, in writing, of which one of the entitlements under 28.04(e) he or she will select. If no option is chosen, the surplus employee will be deemed to have selected Redeployment. C. Laid-off Members shall 28.05 Where the surplus employee opts for (or is deemed to have chosen) redeployment, he or she may be given preference over new hires considered for direct assignment to available permanent OPPA civilian bargaining unit vacancies in other classificationsduring the notice period provided: (a) He or she is qualified to perform the work at the entry level without training; for specialized positions, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classificationhowever, the laid-off Member shall remain on employee must be fully qualified to perform the layoff list work; (b) The vacancy has a maximum salary of not more than 5 percent (5%) above or 15 percent (15%) (or as modified by the employee) below: (i) the maximum salary of the employee’s surplus position, OR (ii) the maximum salary of the employee’s current temporary assignment, if the employee has been performing work other than his or her surplus position for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than at least two (2) weeks written notice years and when the maximum salary of the current temporary assignment exceeds the maximum of the employee’s surplus position; and (c) The vacancy is within forty (40) kilometers of the employee’s headquarters unless a broader area-of-search has been specified by the employee. 28.06 Surplus employees may lower the matching limit below 15 percent (15%), by 5 percent (5%) increments, with no lower limit. Where different geographic parameters are chosen, relocation expenses will not be paid as a result of a direct assignment. 28.07 Where a surplus employee notifies the Human Resources Branch or Human Resources Bureau in writing of modified salary and/or geographic parameters for matching purposes, the changes will be implemented within five (5) days of receipt of the notice from the employee. 28.08 If an employee is assigned permanently to a vacancy or position with a lower maximum salary than his or her surplus position, the employee’s ending datehigher salary will be protected for the balance of the original six-month notice period. Thereafter, the employee will be placed into the salary range of the position to which he or she was assigned at the rate that is closest to, but not greater than, his or her previous position. In no case, however, shall his or her salary exceed the maximum of the position to which he or she was assigned. 28.09 Where the employee whose salary has been changed pursuant to Article

Appears in 1 contract

Sources: Civilian Memorandum of Understanding

Layoff. A. Members who are to 17.1 If the City should reduce its work force, layoffs shall be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction made within each job classification in the work force due to a decline in student enrollment, lack department on the basis of funds, elimination of a position, or other unforeseen circumstancesclassification seniority. B. Layoff17.2 The City agrees to notify the Association and the employees (simultaneously), should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice prior to any layoff by forwarding the name and classifications of the assignment’s ending dateemployees to be laid off. 17.3 An employee who has been displaced to another job shall be given first consideration in filling a vacancy in his/her previous classification and department for a period of one year, provided that no senior employee in that classification is currently on layoff status. 17.4 Employees on layoff shall be eligible for recall for a period of fourteen (14) months after the effective date of the layoff. Laid off employees will be called back to work based on descending order of classification seniority. No new bargaining unit employees will be hired in any classification until all laid off employees from that classification have been given an opportunity to return in accordance with this Agreement. 17.5 It shall be the responsibility of the employees laid off to keep the City informed of the address at which they may be reached and re-employment shall be offered in person or by registered mail addressed to the last address furnished by the employee. When an offer of re-employment has been made, the former employee shall advise the City of acceptance within one (1) calendar week, and shall report for duty within ten (10) days of the receipt of the notification by the City, unless prevented by just cause from reporting with in the time period. An employee who fails to accept re-employment when offered by the City in accordance with provisions of this Article shall be deemed to have forfeited all rights hereunder. 17.6 Employees laid off shall, if re-employed within fourteen (14) months be paid at the appropriate wage rate at the time of layoff in the classification at which re-employed. 17.7 Employees accepting demotions for the purpose of maintaining continuation of employment shall receive corresponding wage rate for the period of service in the classification to which he or she may be transferred.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are In case of a layoff of under five (5)days the Company will give as much notice to be laid-off the Union as practical. The Company will give a minimum of five (5) days notice to the seniority employees and the Union of any planned layoff of more than one (1)week, after discussion with the Union, provided the Company is able to do so. Notice to the Union will be notified as soon as possible and in no event writing. (a) In the case of layoff from work, the following factors will apply: seniority first ability Where the ability of the senior employee is in dispute, the employee will be provided less than fourteen (14) days written noticegiven adequate opportunityto demonstrate they can perform the required work efficiently, by a qualified instructor. The word "layoff" shall mean a reduction in the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall Layoffs will take place by classification based on a departmental basis pursuant to clause subject to the following: Students will be laid off first; Probationary employees will be laid off; Such displaced employees will then be permitted to exercise their seniority and bump according to the following procedure: 1(a) Within their classification; Junior employee on shift in Junior employee on shift; Junior employee on any shift and plant. Probationary; 2. Non-probationary; 3. Member who is to However, furnace operators, pattern makers, and qualified maintenance personnel cannot be laid-off in one classification and bumped, except by a person who has acquired seniority in another classification may bump previously held the least senior Member in classification, and subject to the event that classification; and; 4. If more than one Member in a classification whole shift or department is laid-laid off, senior employees shall exercise their seniority and bump according to the affected Members following procedure: [a) They shall select from have three (3)working days to exercise their bump according to Article If no work is available positions in accordance with their because of fire, lack of power, act of God, "furnace or for any other reason beyond the control of the Company, employees may be laid off, and the seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement clause will not apply for five (5)days. It is recognized that the company has the right to Members keep qualified employees who are hired can perform the work efficiently. The Company will give employees at work five (5)days clear notice of layoff. The Company will notify employees to fill long-termbe laid off verbally, non-permanent positions; howeverand if possible, Members that are filling long-term, non- permanent positions post a list of names of employees to be laid off on the plant bulletin boards. A copy of the layoff notice will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice given to the plant chairperson at the time of the assignment’s ending dateposting.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who are to be laid-‌ 25:01 When the Employer, after exhausting all other employment options, lays off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-offan employee, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members employee shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written weeks’ notice or payment in lieu thereof or a combination of both as the case proves necessary. 25:02 No notice or payment in lieu of notice shall be required when an employee is dismissed or a temporary employee ends her term of employment, the only exception being if the temporary employee is not advised of the assignment’s ending datedate her term ends at the time of hiring. 25:03 Laid off employees shall be placed on a re-employment list. Laid off employees shall be removed from the list if not rehired within twelve (12) months of the effective date of layoff. The Union will be provided with a copy of the list and changes as they occur. 25:04 Employees with the least amount of seniority will be laid off first in that classification and ascending from there. 25:05 All employees shall be recalled in order of seniority. In cases where an employee in one classification has the qualifications and ability to perform the work of a lower paying classification, the Employer will offer a vacancy in the 25:06 Employees shall be recalled by registered letter. If they do not accept the offer in writing, they shall be deemed to have declined the recall as of the 10th working day after the mailing of the recall. 25:07 The notice referred to in 25:01 above shall state the reasons for the layoff and the expected duration of the layoff. 25:08 While employees are laid off, the Employer agrees not to hire any new employees or persons into positions until all those on the re-employment list have been given first opportunity to do the work providing they have the qualifications and ability to perform the work. A decline by an employee shall in no manner whatsoever affect her rights under this Agreement, unless she refuses work in her previous classification, category of employee and status.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who 1. The Employer shall meet with the Guild prior to or upon approval of the budget annually to identify any occupied unit positions that are being defunded by the approved budget, to review any need to reduce the overall workforce and to review all currently funded vacant positions, or at any other time when reductions in workforce are necessary. (a) A layoff occurs when the Employer either reduces the number of unit positions or eliminates positions associated with a specific program area. In the event of a layoff, the Employer shall notify the Guild in writing of the number of positions to be laid-off defunded and identify those positions. The Employer also shall notify each affected employee in writing that they have been identified for layoff, and shall provide the employee with job descriptions of any vacant positions. Layoffs will be notified as soon as possible by seniority, with the most junior employee(s) within the department, hub or resource selected for layoff. (i) The parties agree that employees with similar job classifications, job skills or who may reasonably be trained for a position may exist in multiple departments, hubs or resources. (ii) The parties agree to meet and discuss if an employee in no event a position identified for ▇▇▇▇▇▇ has a classification, job skill or could reasonably be trained for a position that exists in another department, hub or resource. (iii) In the case the employee has the classification, job skills or could reasonably be trained for a position that exists in another department, hub or resource, then the least senior employee will be provided less than fourteen identified for layoff. (14b) days written noticeEmployee(s) in defunded positions shall have the first right to be considered into any vacancy, as defined by Article V (Staffing and Workload), where they meet the minimum skills and ability, before those positions are filled with non-bargaining unit applicants. The word "layoff" Employer shall mean a reduction in keep the work force due to a decline in student enrollment, lack Guild informed of funds, elimination of a position, or other unforeseen circumstancesbargaining unit and non-bargaining unit vacancies. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to If the Employer notifies the Guild that there will be laid-off in one classification and who has acquired seniority in another classification may bump a layoff, for sixty (60) calendar days from the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, date of the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members notice there shall be given preference over new hires to available a hiring freeze both for all Guild bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list positions and for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or all non-permanent assignment has ended) who wish to work as substitutes unit positions except for jobs directly associated with a state or national political campaign or a time-sensitive organizing campaign. An employee identified for layoff shall submit not be separated from employment before the end of a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill longfifty-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.five

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are Persons subject to be laid-off layoff will be notified affected by the following procedures: 1) Classified employees selected for layoff will receive written notice at least thirty (30) calendar days prior to the effective date of the layoff, or as soon as possible and possible. Employees in no event classifications identified for layoff shall be laid off in reverse seniority beginning with the least senior employee. 2) Classified employees selected for layoff will have “bumping” rights based on seniority. 3) Classified employees selected for layoff will be provided less than fourteen (14considered for placement in any vacant position(s) days written noticewithin the employee’s job classification for which they are qualified in lieu of “bumping” other employees. The word "layoff" shall mean a reduction If there are no such openings within that classification, then they will be considered for equal or lower paying positions within the employee’s job classification group for which they are eligible. Such placement results in the work force due employee having regular employment in the new job, with no recall rights to the former job. Instead of accepting any such placement which is offered, the employee may elect to bump, as described in Article 6.2.B, or may elect to be placed on the recall list as described in Article 6.3. B. Affected employees may elect to “bump:” 1) The least senior employee in their classification group; however, “bumping” will be limited to positions requiring equal or fewer qualifications. Employees may not bump into a decline in student enrollment, lack of funds, elimination of a higher-level position, or other unforeseen circumstances. B. Layoffgreater hours, should even though it may be necessary, shall take place by part of the classification based on seniority according group. The order of the “bumping” option will be given to the following procedure: 1most senior affected employee first. Probationary;A refusal to elect the “bumping” option within five (5) district business days from the date of written notice will effectively waive the employee’s rights to “bump” and they will be placed on the layoff list; or 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the ) The least senior Member in that classification; and; 4. If more than one Member employee in a position outside their current classification is laid-off, group if the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The employee held that position involves for at least six (6) months during the same or greater number last five (5) years of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsemployment. C. Laid-off Members shall be given preference over Employees affected by Articles 6.2.A or 6.2.B will enter the new hires to available bargaining unit vacancies in other classifications, provided they meet position at the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period experience step level held in the other classification, the laid-off Member shall remain on the layoff list for the previous classificationposition from which they were laid off. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are (1) The University will continue to be laid-off will be notified as soon as possible and in no make reasonable efforts to avert layoffs of bargaining unit employees. (2) In the event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due to a decline in student enrollment, lack of funds, elimination of a positionlayoff within a job classification in a department, or other unforeseen circumstances. B. Layoff, should it probationary employees within the job classification shall be necessary, shall take place by classification based on seniority according laid off first without regard to the following procedure: 1. Probationary; 2their individual periods of employment. Non-probationary;probationary Employees shall be the next to be laid off on the basis of their classification seniority. (3) In the event a position is eliminated and the affected employee is not the least senior employee in his/her classification, such employee will be assigned to the position held by the least senior employee in the same classification and department, provided he/she has the skill and ability, work record and experience to perform the duties of the job, and the least senior employee shall be laid off. (4) In the event that an employee is scheduled to be laid off from a position in a department and there exists a vacant position in that department for which the employee is qualified on the basis of skill, ability, work record and experience, then he/she may elect to fill that vacancy in lieu of being laid off. Member Where two or more employees are scheduled to be laid off from a department and are qualified for a vacant position in that department, the vacancy will be offered first to the employee with the most bargaining unit seniority. (5) In the event that an employee with four or more years of bargaining unit seniority is scheduled to be laid off from one department and there exists a vacant position in another department for which the employee is qualified on the basis of skill, ability, work record and experience, then he/she may elect to fill that vacancy in lieu of being laid off. Where two or more employees are scheduled to be laid off and are qualified for the vacant position, the vacancy will be offered first to the employee with the most bargaining unit seniority. (6) In the event that an employee with less bargaining unit seniority than specified in paragraph 4 above is scheduled to be laid off in one department and there exists a vacant position in another department for which the employee is qualified on the basis of skill, ability, work record and experience, then he/she will be considered for the vacant position before other candidates. When two or more employees are scheduled to be laid off who are qualified, first consideration will be given to the one with the most bargaining unit seniority. (7) If a regular part-time Employee has greater equivalent seniority than a full-time Employee in the same classification who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-laid off, the affected Members part-time Employee must be willing to accept full-time employment to continue working. (8) In all of the above cases, the employee who is assigned to a new position shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves serve the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in such new position as a new hire. If he/she is removed from the other classificationnew position during the probationary period, he/she shall be laid off. (9) The University will provide at minimum a total of thirty days notice of layoff or an equivalent period of time in the Casual and Temporary Program outlined in Article 41. (10) When a cashier is temporarily laid off, and given a definite date of return to work and is denied Unemployment Compensation Benefits solely because of the Amendment effective July 20, 1983 to Section 590.11 of the Labor Law, the laid-off Member shall remain on University will pay such employee the sum of $125.00 per week beginning with the second week of unemployment and during such period of temporary unemployment, said sum to be reduced by any amount earned as a result of any type of employment during the layoff list period. Under no circumstances will the above payment be made after the return date given to employee at the time of layoff, or during a period for which Unemployment Compensation Benefits are paid. Part-time cashiers on temporary layoff shall receive payments on a pro-rata basis. Full-time and part-time cashiers on temporary layoff shall continue to receive the previous classification. D. Members medical benefits they received while employed. In the event that the layoff allowance for other dining services employees represented by Local 1199 is increased during the term of this agreement, cashiers represented by Local 2110 will receive the same increase. The Department will make every effort to assess its summer staffing needs prior to the end of the spring semester. Based on operational needs, Cashiers will be retained during the summer months in order of their seniority within their location. Replacement or additional Cashiers, as needed, will be recalled in the same seniority order. If there is no Cashier from within the location who are involuntarily in-active (i.e.is available to work, Cashiers scheduled to be laid off or on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions from other locations will be notified as soon as possible and recalled in no event will be provided less than two (2) weeks written notice order of their seniority prior to the assignment’s ending dateUniversity hiring a temporary employee or outside applicant, except in an emergency situation.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are to A layoff shall be laid-off will be notified defined as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due force, an employee's position being eliminated, or a reduction in the employee’s regular hours of work as defined in this Agreement. (a) The Employer will give as much notice as is feasible but not less than thirty (30) calendar days to the employee(s) directly affected. (b) Employees shall be laid off in reverse order of their bargaining unit seniority. (c) For Parks, Recreation and Culture staff, for a decline program of ten (10) weeks or less, the reduction in student enrollment, lack of funds, elimination hours will not constitute a layoff and bumping within the Instructor group cannot occur unless the person affected has no assignments. Bumping within the Instructor group cannot occur after the commencement of a position, or other unforeseen circumstancesprogram. B. Layoff(d) Employees who have received layoff notice or who have been bumped shall have the right to bump employees with less seniority, should it be necessary, shall take place by classification based on seniority according to the following procedureprovided that: 1. Probationary(i) employees exercising that right have the required qualifications to perform the duties of the position they wish to bump into; 2. Non(ii) the right to bump shall include the right to bump up where an employee is unable to exercise their bumping rights to retain a similar shift, benefits and ninety-probationary;five percent (95%) of gross pay. 3. Member (e) The incumbent employee(s), whose hours have been reduced or whose position has been eliminated or who is have been bumped, will have five (5) working days to advise the Employer of their intent to: (i) accept the reduction in hours and remain in the position; or (ii) exercise their seniority rights; or (iii) to be laid-off in one classification and who has acquired placed on the recall list. (f) The Employer shall provide a current seniority in another classification may bump list specifying the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-offname(s), position(s) held, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hourshours of work, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsfull time or part time status and incumbent employee’s seniority date. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the (i) Employees who have received layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions notice will be notified as soon as possible and in no event advised of any postings that may have closed but have not yet been awarded. Such employees, if they believe they are qualified for such postings, will be provided less than two (2) weeks written have one working day after receipt of notice of the assignment’s ending dateunfilled posting to have their name added to the list of applicants. (ii) Upon moving into their new position, employees will be required to complete a trial period as per 14.03(a). If employees do not successfully complete this trial period, they will be placed on the recall list. (h) Providing the laid off employee is qualified, they shall receive first option in line of seniority for all Auxiliary employment and seniority shall accrue for all time worked. (i) Any permanent employee who is laid off shall have recall rights to their former classification for a period of eighteen (18) months provided they remain qualified. (j) Employees on the recall list shall be recalled to positions in order of bargaining unit wide seniority provided they are qualified. New employees shall not be hired until those laid off have been given the opportunity of recall. (k) In the event of a vacancy occurring while employees are laid off, Article 14 applies to all employees, including employees on the recall list. The Employer shall notify employees on the recall list of all vacancies. (l) Recall notices will be sent by registered mail to the employees being recalled with copies to the First Vice President, Second Vice President (▇▇▇▇▇▇▇▇ River), and President of the Union. (m) Grievances concerning layoff and recalls shall be initiated at Step 3 of the Grievance Procedure.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members 1. The least senior employee in the classification shall be laid off first. An employee whose position is to be eliminated or who are is displaced by another as a result of a layoff, may exercise either of the following rights: a. The employee may transfer to a vacant position, provided that he/she meets the minimum requirements for the classification as described in the job description, and he/she is the most senior of those employees requesting transfer to the vacant position. b. The employee may transfer to a position occupied by a less senior employee, provided that the transferring employee meets the minimum requirements for the classification, as described in the job description. Once an employee has exercised their right to transfer to a position occupied by a less senior employee, they must remain in that position for three (3) months and shall not have the right to bid for transfer during that three (3) month period. 2. An employee who waives the right to transfer to a vacant position or who waives the right to displace another employee or who lacks sufficient seniority to displace another worker shall be placed on layoff status. 3. For layoff purposes, employees shall have seniority amongst themselves in each category. Layoff shall be in the following order: Temporary employees Probationary employees On-Call employees Part-time (50% benefit) employees Full and part-time (100% benefit) employees For the purposes of this Section, classifications shall be as follows: Recovery Specialist (I, II, III,) Housekeeper Rehabilitation Activity Leader Residential Counselor Rehabilitation Therapist (Therapist, Masters) Social Worker Diet Aide (I, II) ▇▇▇▇ Unit Clerk LVN/LPT Recovery Counselor I Recovery Counselor II No regular full or part-time employee shall be laid-off will be notified as soon as possible while employees working on-call status are retained unless such regular employees have been offered, and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due to a decline in student enrollmenthave refused, lack of funds, elimination of a position, or other unforeseen circumstancessuch on-call status. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members The Employer shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than provide two (2) weeks written notice to any employee who is to be laid- off. 5. Following layoff the Employer shall provide group insurance coverage for the remainder of the assignment’s ending datemonth and for one (1) additional month to employees. 6. Employees with three (3) or more years of service shall receive forty (40) hours pay at the time of layoff.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members If a reduction in force is necessary beyond normal attrition, the Superintendent will determine the number of positions that will be reduced, as well as the date such reductions are needed and will apprise the involved employees and the President of the Association of this information by August 15 of each year. This notification shall be sent prior to the effective date of such reductions. 8:5.1 For seniority, layoff, and recall purposes, the following classifications will be utilized: ▪ Special School Instructional Aide (Meadowood School) ▪ Instructional (Title I, HOST, Bilingual, and Nurses Aides, Special Education ILC, Unique/Alternative) ▪ Discipline/Non-Instructional (Hired after 7/1/09) ▪ Bus Aides Each of the classifications, except bus aides, will be divided into a full-time list and a part-time list. The procedure which follows will be applied separately within each classification and each classification will be treated as discrete and independent of each other. 8:5.2 Upon notification that his/her full-time position has been identified for elimination, an employee will be given the opportunity to fill any open position in the bargaining unit for which he/she is qualified. If an employee does not elect to fill an open position in the bargaining unit, the employee will remain on the recall list for their specific classification only. 8:5.3 Any employee who are elects to fill an open position in the bargaining unit rather than elect to be laidlaid off shall be placed in the position for an initial period of ninety (90) days. If during this ninety (90) day period either the District or the employee determines that neither is satisfied with the placement based on reasonable criteria, the employee will leave the position and be placed on the recall list in accordance with Section 8:6 of this Article. 8:5.4 In the event there are no open part-off time positions, an employee will be notified as soon as possible and able to bump, if his/her seniority allows the least senior part-time employee, his/her qualifications permit, in the same classification or select layoff 8:5.5 In no event will a part-time employee be provided less than fourteen (14) days written noticeable to bump a full-time employee. The word "layoff" shall mean a reduction in 8:5.6 Sections 8:5.2 and 8:5.3 do not pertain to the work force due to a decline in student enrollment, lack classification of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it bus aides. Bus aides will be necessary, shall take place by classification based on seniority laid off according to the following procedurefollowing: 1. Probationary;(a) upon notification that his/her position has been identified for elimination an employee will be given the opportunity to assert his/her seniority by being granted a transfer to an open position or select layoff; and 2. Non-probationary; 3. Member who is to be laid-off (b) in one classification and who the event there are no vacant positions, an employee whose position has acquired been identified for elimination may bump, if his/her seniority in another classification may bump allows, the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall employee or select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationslayoff. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members 7:6.1 Permanent employees of the District who are to be laid-off have a seniority date of June 30, 1978 or earlier will be notified maintained in their employment for the life of this Agreement unless they are terminated for cause or laid off as soon as possible a result of reductions necessary because of building closings, change in the State funding formula, and/or changes in the transportation budget. This shall not apply to any employee with a seniority date of July 1, 1978 or later who shall be subject to the layoff and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean recall procedures set forth hereafter. 7:6.2 If a reduction in force is necessary beyond normal attrition, the work force due Superintendent, after consultation with the Board, shall determine the number and types of positions to a decline in student enrollment, lack be reduced as well as the date such reductions are needed and shall apprise the President of funds, elimination the Union of this information prior to the effective date of the reductions. 7:6.3 In the event of a positionreduction in force, or other unforeseen circumstances. B. Layoffprobationary, should it casual, and temporary employees shall be necessary, shall take place by classification based on seniority according to terminated before permanent employees are laid off. Thereafter the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired employee with the least seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members classification(s)/skill areas shall select from available positions be subject to such layoff. Such employee, if their seniority is greater than the seniority of other employees in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hourslower classification in their bumping group and provided they are qualified to perform the work, unless shall have the laid-off Member will accept less; b. The laid-off Member has more right to replace the employee with the least seniority; and c. The Member satisfies the posted qualifications. C. Laid-7:6.4 The bumping groups and the hierarchical of the classifications are as follows: Group 1 Group 2 Chief I Maintenance A (▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇/Locksmith, Supply Technician, Grounds Lead, Electrician, Boiler Tech, HVAC Tech, Plumber, Roofer, Bus Mechanic, Refrigeration Mechanic, and Mechanic) Chief II Chief II Night Custodian Fireman Custodial Maintenance B (▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇/Locksmith, Supply Technician, Ground Crew, Electrician, Boiler Tech, HVAC Tech, Plumber, Roofer, Bus Mechanic, Refrigeration Mechanic, Mechanic and Painter) Courier Maintenance C Custodial 7:6.5 An employee exercising their right to be transferred to the same or lower classification rather than being laid off Members shall receive the salary rate of the classification to which they are being transferred. Such an employee will be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain put on the layoff recall list for the previous in seniority order of their former classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are Section 1. Layoff shall be defined as a separation from service for involuntary reasons not reflecting discredit upon employees. The Employer shall determine the number and classifications to be laidlaid off. All employees on initial probation within the bargaining unit classification within the assigned facility selected for layoff shall be laid off before any layoffs of regular full-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written noticetime or on-call non-probationary employees within the bargaining unit classification within the assigned facility. The word "layoff" term “assigned facility” as used in this Agreement means the facility where an employee predominantly reports for his/her shift. Section 2. The layoff procedure shall mean a reduction occur in the work force due to a decline following manner: a) An employee shall be given thirty (30) calendar days notice of layoff in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstanceswriting. B. Layoff, should it b) The least senior full-time employee shall be necessary, laid off by bargaining unit classification within the assigned facility. c) An employee notified of pending layoff shall take place by classification based on seniority according select one (1) of the following options and communicate such choice in writing to the following procedureEmployer within ten (10) calendar days from the employee is notified in writing: 1. Probationary) Accept demotion to a former classification previously served, including bumping the least senior employee in that former classification, provided the bumping employee has more classification seniority in the former classification, and provided that the receiving manager determines that, on the basis of relevant job skills, the affected employee can perform all of the duties of the specific position adequately within two weeks or; 2. Non-probationary; 3. Member who is ) The employee may elect to be laid-laid off. Employees laid off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain placed on the layoff list for the previous classificationclassification from which they were removed. D. Members Section 3. An employee who is laid off shall have recall rights for one year to a vacant position in the classification within the assigned facility from which they were laid off and for which they are involuntarily inqualified to perform. It is the responsibility of the employee to notify the Metro Human Resources Department of changes to his/her contact information in order to be eligible for recall rights. Section 4. On re-active employment of laid off employees, the Employer shall notify the employee by certified letter, with a copy to the Union, mailed to their last known address. The employee shall have five (i.e., on layoff or non-permanent assignment has ended5) who wish days to report their intentions to the Employer and shall report to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of after notification by the assignment’s ending dateEmployer or as mutually agreed. Failure to accept recall to work will terminate any rights for re-employment.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who Layoff shall be determined by the Board of Commissioners by department and classification. Examples of “department” are to the following offices; Treasurer, Prosecuting Attorney, Clerk, Register of Deeds, Equalization, Extension, Maintenance, etc. In reducing the work force, the least-senior employee within a department and classification selected for the layoff shall be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written noticethe first employee laid off. The word "Union and Employer recognize that there may only be one (1) person in each department or in a classification affected by the layoff" shall mean . The employee affected may bump a reduction in less-senior employee within the work force due same department, provided they are qualified to do so or may exercise their option of returning to a decline formerly held classification in student enrollmenta former department, lack of funds, elimination of a position, or other unforeseen circumstancesprovided they have the seniority to do so. A. The employee who wants to bump must inform the Employer in writing by the next workday after receiving his/her layoff notice. B. LayoffFailure of the employee to exercise their rights listed above, should it be necessary, shall take place by classification based on seniority according the employee has the right to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least least- senior Member in that classification; and; 4. If more than one Member in a classification is laid-offemployee within the bargaining unit, provided they have the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves qualifications to perform the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationswork. C. Laid-off Members There shall be given preference over new hires a trial period for an employee allowed to available bargaining unit vacancies in other classifications, provided they meet the posted qualificationsbump of a minimum of ten (10) workdays and up to a maximum of twenty (20) workdays. If a laid- off Member fails to satisfactorily complete the probationary period in the other classificationDuring this time, the laid-off Member shall remain department head may put the employee back on the layoff list for the previous classificationstatus. D. Members who are involuntarily in-active (If an employee is put back on layoff status as noted above, that employee shall not be able to bump into another position, i.e., on layoff or non-permanent assignment has endedonly one (1) who wish to work as substitutes shall submit a written request within thirtybump is permitted. E. The layoff provisions of this Agreement will not apply to Members An employee who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will successfully bumps another employee as provided above shall be notified as soon as possible and in no event will be provided less than two (2) weeks written notice paid at the rate of the assignment’s ending dateclassification to which they bumped but he/she shall remain at their current step rate.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members 28.1 In the event of a layoff of longer than ninety (90) days duration, employees shall be laid off in reverse order of bargaining unit wide seniority giving due consideration to the effects of individual programs. Recall shall be in order of seniority, however, employment shall be considered to be terminated if such layoff extends beyond one year. 28.2 The Employer shall notify employees who are to be laid-laid off ten (10) working days before the layoff is to be effective. If the employee to be laid off has not had the opportunity to work ten (10) full days after notice of layoff; they shall be paid in lieu of work for that part of ten (10) days during which work was not made available. 28.3 During layoff, an employee does not earn paid vacation or sick leave credits. 28.4 The Employer shall pay their part of premiums of the group Medical and Insurance Plans as provided in Article 13 for employees laid off for periods of ninety (90) days or less. 28.5 An employee who receives notice of ▇▇▇▇▇▇ may, by notice in writing, within five (5) working days to the Director, Corporate Services and/or designate, “bump” (displace) a less senior employee who occupies a position of equal or lower classification, provided that the employee has the necessary skill, ability and qualifications to perform the duties involved. No trial or training period shall be allowable on a “bump” but it is understood that any assessment shall be done in good faith and on a reasonable basis. A “bumped” (displaced) employee shall be given notice of layoff and shall have the right to “bump” another employee on these same terms. 28.6 Employees who are laid off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain retained on the layoff seniority list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions period of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.twelve

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who are ‌ Section 1. Layoff shall be defined as a separation from service for involuntary reasons not reflecting discredit upon employees. The Employer shall determine the number and classifications to be laidlaid off. All employees on initial probation within the bargaining unit classification within the assigned facility selected for layoff shall be laid off before any layoffs of regular full-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written noticetime or on-call non-probationary employees within the bargaining unit classification within the assigned facility. The word "layoff" term “assigned facility” as used in this Agreement means the facility where an employee predominantly reports for his/her shift. Section 2. The layoff procedure shall mean a reduction occur in the work force due to a decline following manner: a) An employee shall be given thirty (30) calendar days notice of layoff in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstanceswriting. B. Layoff, should it b) The least senior full-time employee shall be necessary, laid off by bargaining unit classification within the assigned facility. c) An employee notified of pending layoff shall take place by classification based on seniority according select one (1) of the following options and communicate such choice in writing to the following procedureEmployer within ten (10) calendar days from the employee is notified in writing: 1. Probationary) Accept demotion to a former classification previously served, including bumping the least senior employee in that former classification, provided the bumping employee has more classification seniority in the former classification, and provided that the receiving manager determines that, on the basis of relevant job skills, the affected employee can perform all of the duties of the specific position adequately within two weeks or; 2. Non-probationary; 3. Member who is ) The employee may elect to be laid-laid off. Employees laid off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain placed on the layoff list for the previous classificationclassification from which they were removed. D. Members Section 3. An employee who is laid off shall have recall rights for one year to a vacant position in the classification within the assigned facility from which they were laid off and for which they are involuntarily inqualified to perform. It is the responsibility of the employee to notify the Metro Human Resources Department of changes to his/her contact information in order to be eligible for recall rights. Section 4. On re-active employment of laid off employees, the Employer shall notify the employee by certified letter, with a copy to the Union, mailed to their last known address. The employee shall have five (i.e., on layoff or non-permanent assignment has ended5) who wish days to report their intentions to the Employer and shall report to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of after notification by the assignment’s ending dateEmployer or as mutually agreed. Failure to accept recall to work will terminate any rights for re-employment.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are Persons subject to be laid-off layoff will be notified affected by the following procedures: 1) Classified employees selected for layoff will receive written notice at least thirty (30) calendar days prior to the effective date of the layoff, or as soon as possible and possible. Employees in no event classifications identified for layoff shall be laid off in reverse seniority beginning with the least senior employee. 2) Classified employees selected for layoff will have “bumping” rights based on seniority. 3) Classified employees selected for layoff will be provided less than fourteen (14considered for placement in any vacant position(s) days written noticewithin the employee’s job classification for which they are qualified in lieu of “bumping” other employees. The word "layoff" shall mean a reduction If there are no such openings within that classification, then they will be considered for equal or lower paying positions within the employee’s job classification group for which they are eligible. Such placement results in the work force due employee having regular employment in the new job, with no recall rights to the former job. Instead of accepting any such placement which is offered, the employee may elect to bump, as described in Article 6.2.B, or may elect to be placed on the recall list as described in Article 6.3. B. Affected employees may elect to “bump” 1) The least senior employee in their classification group; however, “bumping” will be limited to positions requiring equal or fewer qualifications. Employees may not bump into a decline in student enrollment, lack of funds, elimination of a higher-level position, or other unforeseen circumstances. B. Layoffgreater hours, should even though it may be necessary, shall take place by part of the classification based on seniority according group. The order of the “bumping” option will be given to the following procedure: 1most senior affected employee first. Probationary;A refusal to elect the “bumping” option within five (5) District business days from the date of written notice will effectively waive the employee’s rights to “bump” and he/she will be placed on the layoff list; or 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the ) The least senior Member in that classification; and; 4. If more than one Member employee in a position outside their current classification is laid-off, group if the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The employee held that position involves for at least six (6) months during the same or greater number last five (5) years of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsemployment. C. Laid-off Members shall be given preference over Employees affected by Articles 6.2.A or 6.2.B, above, will enter the new hires to available bargaining unit vacancies in other classifications, provided they meet position at the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period experience step level held in the other classification, the laid-off Member shall remain on the layoff list for the previous classificationposition from which they were laid off. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are to be laidIn the event of a permanent or indefinite lay-off will the Employer agrees to lay off employees in reverse order of seniority within their classification and Program (i.e. Bathurst/▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Outreach), provided that employees who remain are capable and qualified to do the work available. An employee who is subject to permanent or indefinite lay-off shall have the right to either: i. accept the lay-off; or ii. bump an employee with less bargaining unit seniority within their classification, Program (i.e. Bathurst/▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Outreach) and status; or iii. failing the ability to bump in (ii) above, an employee may bump an employee with less bargaining unit seniority in their classification and status but in the other Program (i.e. Bathurst/▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Outreach); or iv. failing the ability to bump in (iii) above, an Employee may bump an employee with less bargaining unit seniority in an identical or lower paying classification and same status for which they are qualified and can perform the duties of without prior training other than orientation; or v. failing placement in (iv) above, the employee may bump an employee with less bargaining unit seniority either in their own classification or another classification but to a part-time status for which they are qualified and provided they can perform the duties without training other than orientation. vi. It is expressly understood that no employee shall be notified entitled to bump another employee whose regularly scheduled hours of work exceeds their own by ten (10) percent or more regardless of seniority. It is expressly understood that any employee subsequently bumped shall be deemed to have received notice of lay-off as soon as possible and in no event will be provided less than fourteen (14) days written noticeto the employee specifically identified for lay-off. The word "layoff" shall mean a reduction in decision of the work force due employee to a decline in student enrollmentchoose (i), lack of funds(ii), elimination of a position(iii), (iv) or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members (v) above shall be given preference over new hires in writing to available bargaining unit vacancies in other classificationsthe Human Resources Manager or her designate within three (3) calendar days (excluding Saturday, provided they meet Sunday and Paid Holidays) following the posted qualificationsnotification of permanent or indefinite lay-off. If a laid- off Member fails Employees failing to satisfactorily complete do so shall be deemed to have accepted the probationary period in the other classification, the laidlay-off Member shall remain on the layoff list for the previous classificationoff. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who are to be laid-off of bargaining unit employees will be notified based upon seniority. When positions are eliminated or reduced in hours sufficient to meet the definition of a layoff as soon as possible and set forth in no event Section B, employees will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction transferred in the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following proceduresequence: 1. Probationary;Senior employees in the affected positions will be transferred to positions within their respective job titles occupied by less senior employees which provide sufficient work hours (six (6) hours per day/ thirty (30) hours per week) to leave the senior employee’s insurance benefits unaffected and most closely restore the hours cut from the senior employee’s work schedule. However, senior employees who are reduced in hours may have the choice to either stay at their building with reduced hours or exercise their bumping rights. 2. Non-probationary;Once transfers within job titles have been completed, employees displaced by transfers and employees in affected positions lacking the seniority to transfer within their job titles will be transferred, per the terms set forth in Section D 1, to positions within their respective classification groupings (listed in Appendix A) which are occupied by less senior employees. Available work hours will be awarded based on seniority. 3. Member who is Following completion of all transfers, the least senior employee(s) may then exercise any rights they may be entitled to under Section E of this Article or be laid off. Less than twelve (12) month employees may not displace twelve (12) month employees. Transfers are allowed between less than twelve (12) month employees provided that all other conditions set forth in this Article are met. Employees displaced by transfers will also be transferred as described in this Section. Laid-off employees will not be paid any salary or benefits during the period of layoff. However, employees shall retain their health benefits through the following month after being laid off. Notwithstanding, a laid-off in one classification and who has acquired seniority in another classification may bump employee may, at their own expense, continue insurance coverage, subject to the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice approval of the assignment’s ending dateinsurance carrier(s) and subject to applicable laws.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are to Layoff shall be laid-off will be notified defined as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a necessary reduction in the work force due to a decline in student enrollment, lack of funds, elimination force. 525 526 In the event of a positionreduction of FTE or a layoff, the District shall first assess any retirements, 527 resignations, or other unforeseen circumstances. B. Layoffrequests for leaves of absences that have been announced for the upcoming year. 528 529 In the event there are any known open positions for an immediate or upcoming school year, should it the 530 District must first post these openings to internal bargaining unit members. 531 532 In effort to prevent a bargaining unit member(s) from receiving a layoff notice, the District may 533 then reassign those bargaining unit members whose positions have been identified for FTE 534 reduction or layoff into any remaining openings in the unit, after any previous movement 535 identified above has occurred. The District shall make every effort to place an employee into a 536 position which matches their previously assigned daily hours and contracted days for the year. 537 538 In no case shall a new employee be necessaryemployed by the District while there are laid off employees 539 qualified for a vacant or newly created position as determined by the job description of that 540 position. 541 542 In the event of layoff or reduction in hours, the District shall take place provide written notice to all affected 543 employees and the President, on or before June 1 preceding the action. Employees not notified 544 shall continue in employment for the following year unless there is just cause for termination. 545 546 Laid off employees may continue participation in District insurance programs by classification based on seniority according paying the 547 regular monthly premium to the following procedure: 1District, subject to carrier approval. Probationary; 2548 549 An employee whose position is eliminated may bump a less senior employee. Non-probationary; Any employee 550 who is bumped will likewise have the same right to bump a less senior employee. 551 552 Bumping will only be allowed into a position for which the displaced employee meets the 553 minimum bumping qualifications. Bumping qualifications will be limited to those skills as 554 stated in the respective current job descriptions. Bumping will only be allowed into a position 555 for which the displaced person meets the job description requirements. Every effort will be made 556 to place the displaced employee in a position as close to their eliminated position as possible. In 557 no instance will a more senior displaced employee be laid off when a less senior employee 558 position is retained. The District will post the job descriptions on the District shared file for 559 individual employee review. 560 561 The District will publicize and/or offer training in the skills named in each of the job 562 descriptions, and will notify all employees of the times, dates, and contents of such training. 563 564 3. Member Recall: Employees who is are laid off and have not been placed into an open position before the 565 start of the new school year shall be placed in a reemployment pool for two years and shall have 566 the right of first refusal for all substitute secretarial work in rotation, from most senior to least 567 senior within the pool. All open positions that occur after the start of the new school year shall 568 first be made available to existing members of the bargaining unit. After internal movement, if 569 any, open positions will be filled through recall of employees by reverse order as determined by 570 the final seniority list. It will be assumed that laid-off in one classification and who has acquired seniority in another classification may bump employees possess all qualifications 571 necessary for any District position that they previously held. Notification of recall shall be sent 572 by certified or registered mail to the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their senioritylast known address as shown on District records. The following stipulations will apply: a. The position involves notice 573 shall include the same or greater number of work hours, unless time and date the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies employee is to report back to work. It is the posted qualifications. C. Laid-off Members employee's 574 responsibility to keep the District notified as to his/her current mailing address. 575 576 A recalled employee shall be given preference over new hires five (5) calendar days from receipt of the recall notice to available bargaining unit vacancies 577 inform the District if he/she will accept the position. An employee who declines recall shall 578 forfeit his/her seniority rights provided the position offered is of equivalent monetary value and 579 does not involve a reduction in other classifications, provided they meet the posted qualificationstotal compensation. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., 580 581 Employees on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit retain their seniority for purpose of recall for a written request within thirty E. The layoff provisions period of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice years. 582 Upon return to active employment, an employee’s unused accumulated sick leave shall be 583 restored. The employee shall retain the seniority held at the time of the assignment’s ending date.layoff. 584 585 586 587 Section I: Employment Protection 588

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members ‌ 14:01 Where layoffs of employees are necessary due to the seasonal nature of golf in Manitoba, employee layoffs will take place commencing with the most junior employee and ascending from there to the most senior employee. This Article is subject to the requirement that the employees who are retained must have the qualifications and ability to be laid-off perform the duties which the remaining employees will be notified required to perform. 14:02 Employees who were employed as soon of April 1, 1995 and thereafter shall receive at least two (2) weeks’ notice in writing of their date of being laid off, 14:03 Employees laid off shall be placed on a recall list, and shall be called back to work to their positions as possible required, beginning the most senior employee and in no event will descending from there. The Union shall be provided less than with a copy of the recall list plus any amendments. If an employee takes early layoff before the end of the season, his recall order for the next season shall be adjusted accordingly (as if he had been laid off in seniority order at the time of early layoff). An employee requesting early layoff must do so in writing. 14:04 Employees on a recall list shall: (a) Report any change of address and/or telephone number to the Employer without undue delay; (b) When recalled to their positions, respond to it within seven (7) days; (c) Return to work within fourteen (14) days written notice. The word "layoff" shall mean a reduction in of the work force due to a decline in student enrollment, lack of funds, elimination of a positionrecall, or to such other unforeseen circumstances. B. Layoff, should it date as may be necessary, shall take place by classification based on seniority according agreed to between the following procedure: 1. Probationaryemployee and the Employer; 2. Non-probationary; 3. Member who is to be laid-off in one classification (d) Except for good and who has acquired seniority in another classification may bump sufficient reasons accept the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions recall in accordance with their seniority. The following stipulations will apply: a. The position involves this section or the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsemployee shall be deemed to have resigned. C. Laid-off Members 14:05 Notwithstanding any other provision in this Agreement, no new employees shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members hired until all employees who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions laid off have been given the opportunity of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending datebeing recalled.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who 1. Provided that fitness and ability are to be laid-off will relatively equal, then layoffs or reduction in hours shall occur in the inverse order of seniority of the employees within the classification at the campus affected by such layoffs. 2. In the event of a lack of work situation, the employees of the affected classification of the affected College, and the Federation President, shall be notified in writing as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due to a decline in student enrollment, lack of funds, elimination work situation is identified. a) Notification shall activate this Article. b) Specific cause for the lack of a positionwork situations shall be stated. c) The number of positions to be laid off, or other unforeseen circumstances. B. Layoff, should it hours to be necessaryreduced, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary;be listed. 3. Member who is The following shall be the sole procedure for layoff or reduction in hours: a) The Federation shall be granted fifteen (15) working days from receipt of notification of a lack of work situation to propose alternative actions, in writing, to the College President. b) Immediately following the receipt of such written proposals, the College President shall have five (5) working days to respond to such alternative proposals. c) Nothing herein shall preclude informal meetings between the parties to discuss alternatives to layoffs or reduction in hours. d) The College's refusal to accept suggestions made under (b) or (c) above, with respect to alternatives to layoff, shall not be laidsubject to the grievance and arbitration provisions of this Agreement. e) Written notice of layoff or reduction in hours shall be sent to affected employees no later than forty (40) calendar days prior to such layoff or reduction in hours. The 40-off in one classification and who has acquired seniority in another classification may bump day time requirement stated herein shall begin to run upon notification to the least senior Member in that classification; and;employees under Section 2 above. 4. If more than one Member An employee who is laid off shall be paid all earned benefits to which otherwise entitled in a classification lump sum payment upon the effective date of layoff. 5. An employee who is laid-offlaid off on or after July 1, 1994, pursuant to this Article, shall continue to have the same group medical, disability insurance, dental insurance and group medical/hospitalization insurance, including any applicable premium co- payment, for the two months following the month in which the employee was separated, provided the employee retains recall rights under this contract. 6. An employee who is laid off shall continue to retain all the rights and benefits under Article 41, Tuition Waivers, for the length of any recall period under this Agreement. 7. If at the time of notification of layoff an employee is within two years of meeting the eligibility requirements of Article 35 (Retirement and Continuing Benefits) Section 3 or 6, the affected Members shall select from available positions in accordance with their seniority. The following stipulations employee will apply: a. The position involves be deemed to have met the same or greater number eligibility requirements of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsappropriate sections. C. Laid-off Members shall be given preference over new hires to available 8. Any employee who has at least 15 years of bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If service and who is laid off will receive a laid- off Member fails severance payment equal to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list one week’s base salary for the previous classificationevery full year of service. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members 1. Temporary and probationary County-funded employees in the department shall be eliminated first. 2. Additional layoffs shall be done according to the inverse order of the seniority of the employees in the affected classification within the given department. If an employee’s classification was changed as a result of the classification study implemented in February of 1996, that employee shall be given full credit for service in his/her classification held just prior to the implementation of the classification study. Except as otherwise prohibited by law, any County department that has employee(s) on layoff status will not contract-out any work specifically performed by the employee(s) at the time of their lay-off so long as any of the employee(s) remains on the recall list. 3. Seniority will be based on continuous service with the County: 1) in the affected classification; or, 2) classification in the same series at a higher salary grade in the event an employee has been reduced in grade in accordance with this Article. Creditable service for seniority must be in a permanent or permanent-intermittent position with the County. 4. To provide for the continued operation of the County, each department head may exempt 8% of the total number of positions authorized in the current budget within his/her department and retain them regardless of seniority. In the event that the 8% does not equal an exact number of employees, the fraction shall be rounded off to the next higher whole number. Any exemption that is necessary because of any affirmative action program or laws pertaining to equal employment opportunity shall not be deemed a part of the above 8% but shall be in addition thereto. Each department head electing to exempt employees from layoff in accordance with Article 13, Section 1 paragraph (4), shall provide the Layoff Review Committee, the Union, and the ▇▇▇▇▇ County Human Resources Director with a complete list of exemptions five (5) days prior to the notification of those employees to be laid off. Each department head shall update the list of exemptions whenever the County Manager's Office determines layoffs are required within a department, but shall not be updated more than one (1) time each fiscal year. 5. As a result of the application of this layoff procedure, the County shall attempt to find a vacant position for any eligible employee scheduled to be laid off by evaluating the reassignment, transfer, reduction in grade, or any combination thereof for the employee. The employee must meet the minimum qualifications and/or specific skill sets of any position being considered. 6. All permanent status personnel who are affected by layoff shall have the right to elect a reduction in grade to a lower classification: 1) within the same classification series; or, 2) in a classification in the same department that the employee has completed a probationary/qualifying period, provided that the classification still exists, the department has a vacant position and the department head determines the employee meets the minimum qualifications and abilities (i.e., license, physical fitness, job skills, etc.) of the position. A vacant position need not exist if an employee exercises his/her bump rights within the same classification series. 7. No employee will have the right to bump to a position in another department or to bump a position of a higher salary grade than he/she currently fills. A permanent employee to be laid-laid off will be notified as soon as possible may bump a temporary or probationary employee of the same classification in the department if the employee voluntarily agrees to commute or relocate at no expense to the County. 8. An employee reduced in grade may have his/her salary reduced and in no event shall exceed the maximum for the class, but shall not have his/her anniversary date adjusted. 9. The assignment of an employee to a position within a classification will be provided less than fourteen (14) days written noticeat the discretion of the department head. 10. The word "layoff" shall mean a reduction in the work force Separation due to a decline in student enrollment, lack layoff shall require the giving of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the at least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice to the employee, or payment in lieu of notice, of an equivalent amount of the assignment’s ending dateemployee's base salary by the County. 11. No permanent employee initially hired into and serving in a grant-funded position or a term position may initiate a bump into an unlimited County-funded position unless he/she is displaced by someone who has bumped him/her. Employees electing to bump into grant-funded positions or term positions have no property right to the position or County service if the funding ceases or the position ends.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are to be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean 7.01 If a reduction in staff is necessary the Union shall be consulted by the Company and privileged to present recommendations which will be considered by the Company prior to a decision by the Company. In cases where time does not permit such prior consultation the Company will take temporary action only until the recommendations of the Union can be considered. 7.02 In the event of a reduction in staff, the most junior employee shall be laid off first and the most senior employee last. a) An employee affected by a layoff, reduction of staff or position elimination shall have the option of displacing an employee with less seniority in the same or lower salary group provided they have the qualifications required to perform the job. b) If no same or lower salary group position exists the employee shall be allowed to displace any employee with less seniority in the next higher group available. c) The displaced employee shall follow the process established above in displacing employees with less seniority than them. d) An employee so affected shall be on a trial period for the first thirty (30) days. If during the first thirty (30) days the employee is considered to be unsuitable for the position, or if the employee considers the position unsuitable for them, they shall be allowed to displace another employee with less seniority in the same or lower salary group than the position they originally had, provided such position exists. The trial basis may be extended by mutual agreement between the parties. e) The Company will provide on-the-job or special training as required during the trial period. a) For permanent loss of employment, notice of layoff shall be given an employee, other than a probationary employee, or employees hired for work force of known temporary durations, two weeks before they are scheduled to be laid off. Where an employee is laid off due to a decline Company decision to permanently eliminate a position then that employee may elect to terminate and not be eligible for recall as described in student enrollment6.11 of this agreement. If the employee makes such election within thirty (30) days of the date the elimination is deemed permanent then the employee will receive severance pay on the following basis: 52 weeks b) No employee shall be eligible for severance payment under both Article 10 (Technological Change) and Article 6 (Seniority). c) Where a temporary curtailment of mill operation is planned the Company will endeavor to give the Union as much notice as possible. d) Enhancements in Severance Allowance achieved by the CEP (Unifor) through collective bargaining will be incorporated into this agreement. a) An employee who is laid off shall be subject to recall in order to seniority, lack of funds, elimination of a subject to their qualifications to fill the available position, or other unforeseen circumstances. B. Layoff, should it be necessary, but shall take place by classification based on have no rights as an employee under this agreement save the right of recall in order of seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions welfare and benefit coverage in accordance with 6.11 (b). Employees shall retain their seniorityseniority for one year from the date of layoff, plus one additional month for each year of continuous service up to an additional 12 months. Employees who are on the recall list and are called back for temporary work assignments shall have their recall rights extended by one (1) day for every one (1) day or part thereof worked. b) The following stipulations Company-paid benefit plans will applyremain in effect for employees with one (1) or more years seniority for six (6) months and for employees with more than four (4) months but less than one (1) year’s seniority for three (3) months while on layoff: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less;(i) Group Life Insurance Plan b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has endedii) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible Provincial Health Plans and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.Extended Health Benefit Plan

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who are to be laid-off will be notified as soon as possible and 16:01 In the event of a layoff, employees shall receive four (4) weeks notice or pay in no event will be provided less than fourteen (14) days written lieu of such notice. The word "layoff" Written notice shall mean be given by personal service or registered mail to the employee(s) concerned and a copy of the notice shall be forwarded to the Union. 16:02 In the event of a reduction in the work force due force, employees will be laid off in reverse order of seniority within their classification. When reducing staff, senior employees may exercise their seniority to displace a decline less senior employee in student enrollmentan equivalent or lower grade provided the employee has a satisfactory work record, lack possesses the qualifications, and meets the physical requirements of funds, elimination of a position, or other unforeseen circumstancesthe position in question. B. Layoff, should it 16:03 No new employee shall be necessary, shall take place by classification based hired until those laid off have been given an opportunity to bid on seniority according to vacated positions as per Article 12:03 of the following procedure:Collective Agreement. 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-16:04 Employees laid off in one classification and who has acquired accordance with Article 16:01 shall be recalled by order of seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from to available positions in accordance equal or lower EFT status and equal or lower paid occupational grade provided they are qualified to perform the required work. 16:05 To be eligible for recall, prior to the employee’s last shift before being placed on layoff status, the employee must provide the Employer with their seniority. The following stipulations will apply: a. The position involves current address, and further, during the same or greater number layoff period, must inform the Employer immediately of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsany address changes. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification16:06 As per Article 16:04 above, the laid-off Member shall remain on employee must communicate with the layoff list for the previous classificationEmployer within seven (7) calendar days of his notice of recall being delivered to his recorded address. D. Members 16:07 The right of a person who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish been laid off to work as substitutes shall submit a written request within thirty E. The layoff provisions of be rehired under this Agreement will be forfeited and shall be considered terminated in the following circumstances: (a) If the person did not apply communicate with the Employer as specified in Article 16:06. (b) If the person did not report to Members who are hired work when instructed to fill longdo so and fails to provide a written explanation satisfactory to the Employer. (c) A twenty-termfour (24) month period has elapsed since the date of layoff, nonas per Article 17:02 (e). 16:08 Notwithstanding Article 8:08 (a), providing the employee has indicated to the Employer a desire to work additional available shifts in writing, such shifts shall be offered to an employee on layoff, before part-permanent positions; howevertime and casual employees, Members that are filling long-termprovided she possesses the qualifications, non- permanent positions will be notified as soon as possible basic training and in no event will be provided less than two (2) weeks written notice orientation prescribed by the Employer for the position concerned and meets the physical requirements of the assignmentposition in question. The available shifts accepted by the employee on layoff cannot exceed the employee’s ending dateEFT prior to layoff. Such available shifts shall be distributed on the basis of seniority. (a) Vacation pay shall be calculated in accordance with Article 28:03 and shall be paid at the prevailing rate for the employee on each pay cheque, and shall be prorated on the basis of hours paid at regular rate of pay. (b) Income protection accumulation shall be calculated as follows: Additional available hours (c) The employee shall be paid four and one-quarter percent (4.25%) of the basic rate of pay in lieu of time off on Recognized General Holidays. Such holiday pay shall be calculated on all paid hours and shall be included in each pay cheque. (d) Participation in benefit plans is subject to the provisions of each plan. (e) Seniority shall be calculated in accordance with regular hours worked for these additional available shifts.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members (a) In the event of an extended layoff the Company and the Local Union shall meet and review the procedures as a result of any jurisdictional bumping. occasioned by post Christmas volume decline, The least senior employee in the classification affected will be laid off or he may elect to dis- place the least senior employee in any other classification pro- vided he is senior to the employee he is displacing. The dis- placed employees may then exercise his seniority in the same manner in any other classification until the least senior employee is laid off. In all other cases when a bid job is con- solidated, discontinued or suspended, the employee shall work as assigned. In the event the bid job is not restored after fif- teen (15) workdays, the employee affected may elect to dis- place any employee in his or any other classification provided he is senior to the employee he is displacing and qualified to perform the job selected.+ The displaced employee may then exercise his seniority in the same manner. Moves resulting from such displacements shall be limited to three (3). Should a fourth (4th) displacement result, such displacement shall be made after thirty (30) days. When there are junior people in the package driver classi- fication working in a building and there are senior people in the same classification who are on layoff in another building within the jurisdiction of the Local and in the same UPS District, pursuant to be laid-off the preceding paragraph, the senior person will be notified as soon as possible and allowed to take the work by virtue of their seniority in no event the package classification for the duration of the layoff. When their bid job is again available, the employee shall return to the original center unless a job is posted for bid then the applicable bidding process pursuant to the contract shall prevail. (b) Full-time seniority employees hired prior to August 1, 1993 1997 who may be subject to layoff will be assigned to displace one (1) or more part-time employees in the building if any part-time employees are working in that building. In such case, said employee will be provided less than fourteen with eight (14) days written notice. The word "layoff" shall mean a reduction in 8) continuous hours of work at the appropriate rate for the classi- fication of work force due to a decline in student enrollmentperformed, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedureexcept that: 1. Probationary;If said employee displaces a part-time employee and contin- ues to perform the same work as his full-time assignment, he will continue to receive his regular rate of pay. 2. NonIf in the building there is a part-probationary; 3. Member who is to be laidtime employee receiving a wage rate higher than that of the displaced part-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-offtime employ- ee(s), the affected Members shall select from available positions in accordance with their seniority. The following stipulations full-time employee will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsreceive such higher rate. C. Laid(c) Full-off Members shall time seniority employees hired after August 1, 1993 who may be given preference over new hires subject to available bargaining unit vacancies in other classifications, provided they meet layoff will be afforded the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish opportunity to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill longpart-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than time on one (1) or two (2) weeks written notice shifts in their building. The laid off full-time employees hired after August 1, 1993, part-time rate of pay will be established according to their company date of hire. This condition will exist for all full-time employees hired after August 1, 1993, until they have completed their two (2) year progression and are receiving the assignment’s ending date.top rate of pay in their clas- sification. At this completion they will be entitled to the nor-

Appears in 1 contract

Sources: Supplemental Agreement

Layoff. A. Members who are 37.1 For the purpose of this Article, a layoff is a reduction in bargaining unit personnel made necessary when it is determined by the College that a position is no longer needed or when a bargaining unit member is to be reduced by an amount that reduces his/her benefit levels as set forth by this agreement. Only employees who have successfully completed their initial probation are eligible for the bumping and interview rights contained in this article. 37.2 When the College determines that a layoff is necessary, the affected employee(s) shall be notified in writing at least thirty (30) calendar days prior to the effective date of layoff. 37.3 Prior to laying off a bargaining-unit employee, the College shall first consider the extent to which it could: A. Lay off part-time hourly employees within the department impacted by the layoff B. Place employees into a vacant position in the employee’s same job family and band/grade if the employee can demonstrate they possess the qualifications, skills, and abilities to perform the work. 37.4 Layoff shall be made in the following order to the extent feasible. A. Limited term employees; B. Bargaining unit employees who have not completed their initial probationary period, as defined in Article 16; C. Bargaining unit employees. 37.5 When the college eliminates a position that is held by a bargaining unit employee, the rights of the employee in the position are limited to the funding source, job family, band/grade, and FTE grouping at the time of layoff (See 37.7). The college shall lay off the least senior employee within the funding source, job family, band/grade, and FTE grouping subject to Article 37.6. The more senior employee(s) may bump less senior employees subject to Article 37.6. 37.6 Any employee who is retained as a result of the layoff or bumping process must demonstrate that he/she has the qualifications, skills, and abilities to perform the tasks and responsibilities specific to the job of the laid-off employee. Skill testing may be used if normally required as part of the recruitment process. 37.7 For the purposes of Article 37 and 38, the following applies: A. Seniority. Seniority will be notified as soon as possible calculated based on an employee’s total years of continuous employment at the College in a Classified position. Seniority shall be computed on a pro-rata basis and stated in no terms of one hundred percent (100%), full-time, twelve (12) month service in a Classified position from the most recent date of college employment. In the event that two (2) or more employees have identical seniority, lots will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due drawn to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstancesdetermine who will be laid off. B. LayoffFunding source. Positions funded by the General Fund, should it Universal Fee, Intra-College funds (funds 28XXXX) and the Admin Fee funds (funds 250240, 250255 and 250256) shall be necessary, shall take place by classification based on seniority according considered same sources for layoff and bumping purposes. Non-General Fund positions are limited to the funding source in which they work for bumping purposes and are subject to grant restrictions, if any. In cases where funding is split between/among funding sources the following procedureapplies: 1. Probationary;Positions funded 50% or more by general fund sources will be designated as General Fund positions. 2. Non-probationary;Positions funded 50% or more by funds other than those designated as general fund sources have bumping rights within that funding source. 3. Member who is to be laid-off Positions with funding less than 50% in one classification funding source have no bumping rights within that funding source, but will have the interview and who has acquired seniority recall rights described in another classification may bump Articles 37 and 38. Human Resources will notify the least senior Member employee of changes in that classification; and; 4. If more than one Member in a classification is laid-off, his/her funding source within 30 days of receiving the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number notification of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationschange. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members who are 37.1 For the purpose of this Article, a layoff is a reduction in bargaining unit personnel made necessary when it is determined by the College that a position is no longer needed or when a bargaining unit member is to be reduced by an amount that reduces their benefit levels as set forth by this agreement. Only employees who have successfully completed their initial probation are eligible for the bumping and interview rights contained in this article. 37.2 When the College determines that a layoff is necessary, the affected employee(s) shall be notified in writing at least thirty (30) calendar days prior to the effective date of layoff. 37.3 Prior to laying off a bargaining-unit employee, the College shall first consider the extent to which it could: A. Lay off part-time hourly employees within the department impacted by the layoff B. Place employees into a vacant position in the employee’s same job family and band/grade if the employee can demonstrate they possess the qualifications, skills, and abilities to perform the work 37.4 Layoff shall be made in the following order to the extent feasible: A. Limited term employees B. Bargaining unit employees who have not completed their initial probationary period, as defined in Article 16 C. Bargaining unit employees 37.5 When the College eliminates a position that is held by a bargaining unit employee, the rights of the employee in the position are limited to the funding source, job family, band/grade, and FTE grouping at the time of layoff (See 37.7). The College shall lay off the least senior employee within the funding source, job family, band/grade, and FTE grouping subject to Article 37.6. The more senior employee(s) may bump less senior employees subject to Article 37.6. 37.6 Any employee who is retained as a result of the layoff or bumping process must demonstrate that they have the qualifications, skills, and abilities to perform the tasks and responsibilities specific to the job of the laid-off employee. Skill testing may be used if normally required as part of the recruitment process. 37.7 For the purposes of Article 37 and 38, the following applies: A. Seniority Seniority will be notified as soon as possible calculated based on an employee’s total years of continuous employment at the college in a Classified position. Seniority shall be computed on a pro-rata basis and stated in no terms of one hundred percent (100%), full-time, twelve (12) month service in a Classified position from the most recent date of college employment. In the event that two (2) or more employees have identical seniority, lots will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due drawn to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstancesdetermine who will be laid off. B. LayoffFunding Source Positions funded by the General Fund, should it Universal Fee, Intra-College funds (funds 28XXXX) and the Admin Fee funds (funds 250240, 250255 and 250256) shall be necessary, shall take place by classification based on seniority according considered same sources for layoff and bumping purposes. Non-General Fund positions are limited to the funding source in which they work for bumping purposes and are subject to grant restrictions, if any. In cases where funding is split between/among funding sources the following procedureapplies: 1. Probationary;Positions funded 50% or more by general fund sources will be designated as General Fund positions 2. Non-probationary;Positions funded 50% or more by funds other than those designated as general fund sources have bumping rights within that funding source 3. Member who is to be laid-off Positions with funding less than 50% in one classification funding source have no bumping rights within that funding source, but will have the interview and who has acquired seniority recall rights described in another classification may bump Articles 37 and 38 Human Resources will notify the least senior Member employee of changes in that classification; and; 4. If more than one Member in a classification is laid-off, their funding source within 30 days of receiving the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number notification of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationschange. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members 13.1 Layoff will mean: 13.1.1 elimination of positions; or 13.1.2 reduction in hours of work. 13.2 If it becomes necessary to reduce the work force, CLS will notify HSAA and all employees who are to be laid-off laid off, in writing by registered mail or in person, at least twenty (20) working days prior to layoff. 13.2.1 The twenty (20) working days' notice will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in not apply where the work force due to a decline in student enrollmentlayoff results from an Act of God, lack of funds, elimination of a positionfire, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1flood. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-offHowever, the affected Members shall select from employee will receive pay for the days when work was not available positions up to a maximum of twenty (20) working days pay in lieu of notice. 13.2.2 If the employee laid off has not been provided with an opportunity to work her regularly scheduled hours for twenty (20) working days after notice of layoff, the employee will be paid in lieu of such work for that portion of the twenty (20) working days during which work was not made available. 13.3 Layoff will be in reverse order of seniority of employees in the classification. However, CLS will have the right to retain employees who would otherwise be laid off when layoff in accordance with their seniority. The following stipulations will apply: a. The position involves this Article would result in retaining employees who are not qualified and capable of performing the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsrequired. C. Laid-13.4 An employee who receives a layoff notice will have three (3) working days from receipt of notice to indicate her wish to displace a junior employee in her classification provided that the employee is qualified and capable of performing the required work. 13.4.1 For the purposes of this article, these are the Classifications: Laboratory Technologist; Laboratory Assistant; Glassware Attendant; Pathology Technician. 13.5 Laid off Members employees will accrue sick leave and earned vacation for the first (1st) month of layoff. 13.6 Laid off employees will not be entitled to Named Holidays with pay which may fall during the period of layoff. 13.7 If CLS proposes to layoff an employee while she is on leave of absence, Workers' Compensation or absent due to illness or injury, she shall not be given preference over new hires served with notice under Article 13.2 until she has advised CLS of her readiness to available bargaining unit vacancies return to work. 13.8 When notice of ▇▇▇▇▇▇ is delivered to an employee in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classificationperson, the laid-off Member shall remain on the layoff list for the previous classificationemployee may be accompanied by a representative of HSAA, if one is available. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members In the application of any provision of this Article, the Employer shall avoid the use of its right to lay off long service employees until it has exhausted all other avenues to facilitate the continuing employment of such Employees. In any event, the reduction of positions shall be achieved, where possible, by attrition. The Employer shall inform the Union of any pending lay-off and, requested by the Union, shall meet with the affected Employee present before the lay-off takes place in order that both parties may make every reasonable effort to facilitate continuing employment here in the bargaining unit. If lay- offs become necessary, such lay-offs shall take place from among those Employees doing similar work within the department in the reverse order of seniority, the Employee with the least seniority being laid off first. Employees who are to be laid-laid off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies minimum prior notice in other classificationswriting, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period or pay in the other classificationlieu thereof, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less follows: Continuous Service Written Notice Less than two (2) years Four (4) calendar weeks written Two (2) but less than five (5) years Eight (8) calendar weeks Five (5) but less than ten (10) years Twelve (12) calendar Ten (10) but less than fifteen (15) years Twenty (20) calendar Fifteen (15) or more years ( 2 4 ) calendar weeks In each case a copy of such notice will be sent to the Union. Acceptance of pay in lieu of notice shall not alter a Employee’s rights under this Article, and name shall be placed on the re-employment list as of the expiry date contained in the notice of lay-off. Employees who have been given notice of lay off shall be eligibleon request for reasonable training to develop their job skills if the assignment’s ending date.provision of such training would assist in their redeployment or relocation within the University and can be completed during the notice period of lay

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who are to be laid-off 16.01 The Employer will be notified as soon as possible and provide all notice, pay in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction lieu of notice and/or severance required under the Employment Standards Act in the work force due to a decline in student enrollment, lack of funds, elimination event of a positionlayoff. Where possible, the Employer will give seventy two hours (72) notice of layoff to the affected employees and to the Union and, if requested, will meet to discuss the layoff with a Union representative or other unforeseen circumstancesdesignate during the notice period. B. Layoff16.02 In the event of a layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves (a) Temporary employees within the same or greater classification will have their employment ended. (b) Probationary employees within the classification will be laid off first (c) Among the remaining employees the Employer will determine the number of work hoursfull-time and/or part time employees required to be laid off in each classification based on operational needs. The Employer will, unless at the laid-off Member Union’s request, review the basis of its determination with the union, although this will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies not impact the posted qualificationstiming of layoff notice. C. Laid(d) full-time and / or part-time employees so identified will be laid off Members shall in reverse order of seniority. (e) A laid off full time employee may elect to displace the most junior part time employee(s) within the classification if he or she has greater service. Such full time employee will be given preference over new hires placed on the part time seniority list based upon his or her service date. A laid off full time employee may also displace the most junior full time or the most junior part time employee, in a lower or equally paid classification provided he or she has greater service and possesses the qualifications, skill, knowledge and ability to available perform the job in the lower or equally paid classification with a brief familiarization. Similarly, a laid off part-time employee may displace the most junior part time employee in a lower or equally paid classification provided he or she has greater service and possesses the qualifications, skill, knowledge and ability to perform the job in the lower or equally paid classification with a brief familiarization. (f) A laid off full time or part time employee may displace a contract employee working in an equal or lower paid classification and assume the remainder of the term of the contract provided that the full time or part time employee has the qualifications, skill, knowledge and ability to perform the job in the lower or equally paid classification with a brief familiarization. (g) A laid off employee who successfully posts to a permanent position with the employer either inside or outside of the bargaining unit vacancies in other classifications, provided they meet will forfeit his or her recall rights to the posted qualifications. If a laid- position to which he or she has been laid off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement and will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.eligible for severance under Article 16.04

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who (a) In the event of a layoff for any reason, employees shall be laid off in the inverse order of their seniority in the classification in which the work force is being reduced subject to sections (b) and (c) below. No layoffs or reduction to a lower classification shall be executed as long as there are temporary employees serving within the affected classification. (b) A tie in classification seniority shall be broken and greatest seniority determined first by the highest score on the eligible list from which appointment was made; if a tie remains, then, the greatest length of service with the City; if a tie remains, then, the date and time of receipt of the application by the Bureau of Human Resources; if a tie remains, then, any standardized and equitable procedure as developed by the Director of the Bureau of Human Resources. (c) When an employee is laid off due to be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due that employee shall be permitted to a decline exercise seniority rights to replace other employees in student enrollmentthe sequence described below, lack providing such employee has greater seniority than the employee who is being replaced, and further providing the replacing employee is qualified to perform the work of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according the employee who is being replaced. Any disagreement as to the following qualifications of employees in regard to this section may be taken up through the grievance procedure:. 1. Probationary;The employee is placed in a vacancy in the same classification/specialty within the employee’s assigned bureau. 2. Non-probationary;If no such vacancy exists, the employee displaces the least senior employee in the same classification/specialty. 3. Member who If none, the employee is to be laidplaced in a vacancy in the same classification/specialty City-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and;wide. 4. If more than one Member no such vacancy exists, the employee displaces the least senior employee in the same classification/specialty City-wide. 5. If none and the employee previously held status in another specialty in the same classification then steps 1 – 4 are repeated for that specialty. 6. If none and the employee previously held status in a classification is laid-offlower classification/specialty, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsthen steps 1 – 4 are repeated for that classification/specialty. C. Laid-off Members 7. If the employee exhausts all options in steps 1 -6 than he is laid off. (d) Employees shall be given preference over new hires called back from layoff according to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period total City seniority in the classification from which the employee was laid off. Employees who were displaced to a part-time position as result of a layoff shall have the right to be called back to a full-time position. No new employee shall be hired in any classification until all employees on layoff status in that classification/specialty have had an opportunity to return to work. Laid off employees reappointed to bureaus other classification, than the laid-one from which they were laid off Member shall remain on a bureau reemployment list, in seniority order, for certification to their original bureau, unless they shall waive in writing such certification. The right to be so certified shall remain in effect until they shall have acquired seniority equal to the layoff list for seniority they had in the previous classificationbureau from which they were laid off. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Labor Agreement

Layoff. A. Members who are to ‌ A layoff shall be laid-off will be notified defined as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due force, an employee's position being eliminated, or a reduction in the employee’s regular hours of work as defined in this Agreement. (a) The Employer will give as much notice as is feasible but not less than thirty (30) calendar days to the employee(s) directly affected. (b) Employees shall be laid off in reverse order of their bargaining unit seniority. (c) For Recreation and Culture staff, for a decline program of ten (10) weeks or less, the reduction in student enrollment, lack of funds, elimination hours will not constitute a layoff and bumping within the Instructor group cannot occur unless the person affected has no assignments. Bumping within the Instructor group cannot occur after the commencement of a position, or other unforeseen circumstancesprogram. B. Layoff(d) Employees who have received layoff notice or who have been bumped shall have the right to bump employees with less seniority, should it be necessary, shall take place by classification based on seniority according to the following procedureprovided that: 1. Probationary(i) employees exercising that right have the required qualifications to perform the duties of the position they wish to bump into; 2. Non(ii) the right to bump shall include the right to bump up where an employee is unable to exercise their bumping rights to retain a similar shift, benefits and ninety-probationary;five percent (95%) of gross pay. 3. Member (e) The incumbent employee(s), whose hours have been reduced or whose position has been eliminated or who is have been bumped, will have five (5) working days to advise the Employer of their intent to: (i) accept the reduction in hours and remain in the position; or (ii) exercise their seniority rights; or (iii) to be laid-off in one classification and who has acquired placed on the recall list. (f) The Employer shall provide a current seniority in another classification may bump list specifying the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-offname(s), position(s) held, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hourshours of work, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsfull time or part time status and incumbent employee’s seniority date. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the (i) Employees who have received layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions notice will be notified as soon as possible and in no event advised of any postings that may have closed but have not yet been awarded. Such employees, if they believe they are qualified for such postings, will be provided less than two (2) weeks written have one working day after receipt of notice of the assignment’s ending dateunfilled posting to have their name added to the list of applicants. (ii) Upon moving into their new position, employees will be required to complete a trial period as per 14.03(a). If employees do not successfully complete this trial period, they will be placed on the recall list. (h) Providing the laid off employee is qualified, they shall receive first option in line of seniority for all Auxiliary employment and seniority shall accrue for all time worked. (i) Any permanent employee who is laid off shall have recall rights to their former classification for a period of eighteen (18) months provided they remain qualified. (j) Employees on the recall list shall be recalled to positions in order of bargaining unit wide seniority provided they are qualified. New employees shall not be hired until those laid off have been given the opportunity of recall. (k) In the event of a vacancy occurring while employees are laid off, Article 14 applies to all employees, including employees on the recall list. The Employer shall notify employees on the recall list of all vacancies. (l) Recall notices will be sent by registered mail to the employees being recalled with copies to the First Vice President, Second Vice President (▇▇▇▇▇▇▇▇ River), and President of the Union. (m) Grievances concerning ▇▇▇▇▇▇ and recalls shall be initiated at Step 3 of the Grievance Procedure.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members who are to ‌ ▇. ▇▇▇▇▇▇ shall be laid-off will be notified defined as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the size of the work force due to a decline in student enrollment, the lack of fundswork or funds within the College. When it becomes necessary to layoff classified employees within a classification, elimination any temporary employees and probationary employees shall be laid off in that order first. Then those full and part- time employees in that classification will be laid off in accordance with the seniority list with the least senior employees laid off first, provided always that the remaining employees shall have the qualifications to perform the work of a position, or other unforeseen circumstancesthe laid off employees. B. LayoffEmployees to be laid off will have at least twenty (20) working days’ notice of layoff. C. An employee shall be reclassified to a position of lower rank and pay only when they otherwise would be laid off in the higher rank. The Employer shall not use such reclassification as a disciplinary measure. D. In the event of a layoff, should it be necessaryinsurances as provided in Appendix B, shall take place continue for the month in which the layoff occurred and three (3) full months following the layoff with the College and Employee continuing to pay their cost sharing for such premiums. E. In the event of a layoff, the College shall notify the Union and it will be first subject to a Special Conference. F. The Employer and Union shall be governed by classification based on seniority according to the following procedurelayoff and bumping procedures: 1. Probationary;The Employer and Union will cooperatively assist laid-off employees in obtaining information regarding resources available, e.g., unemployment insurance. The parties agree that any disputes about the process shall not hamper or interfere with such cooperative efforts. 2. Non-probationary;In exercising "bumping rights," no employee can bump another employee in a higher job classification or pay level than they held at the time of the layoff notice. 3. Member If a position becomes available after the initial layoff list has been identified, but before layoffs actually occur, it shall first be offered to employees on the list who hold that pay level. If the position is not filled, it shall then be posted in accordance with the contract. 4. The initial list shall consist of the positions to be laideliminated by the College and/or employees affected, and that those individuals holding the identified positions shall have the opportunity to exercise bumping rights and shall receive electronic notice of the time, date, and location to do so. Prior to layoff, the Employer will provide the Local Union President with the names of the employees and the number of full-time and part-time employees to be laid off via seniority lists. 5. Part-time employees shall have equated seniority, but they may not bump a full-time position. 6. The Local Union’s President, Chief ▇▇▇▇▇▇▇, and all campus Stewards shall have "super-seniority" for purposes of layoff and cannot be "bumped" by anyone while they hold office. In the event of the elimination of a position held by one of these officers, the employee will be considered as having the highest seniority in one any Classification into which they can exercise bumping. 7. Notices to individual employees will be in writing and provided electronically to the individual's College email address and shall constitute date of official notice. Each notice letter will include the time, date and place of a meeting at which an individual can exercise bumping rights. 8. If an affected individual is unable to be present at a bumping meeting, they may authorize a member of the Union’s Executive Board to exercise their bumping rights. Authorizations must be in writing with a copy for the Union and for the Employer. Individuals must be present at the scheduled bumping meeting, either in person or by proxy; failure to attend shall constitute a waiver of all bumping rights. 9. Individuals who are on short-term, long-term disability leave, or Workers’ Compensation leave, or military leave shall, if necessary, exercise their bumping rights upon their return to work. 10. Individuals on Personal Leave, Parental Leave beyond three (3) months, Leave for Union Business, or Other Leaves (Article 22) who wish to exercise bumping rights must end their leave and return to work to do so. 11. Individuals on FMLA leave, or on a jury duty leave, may exercise bumping rights while on leave and shall be returned to the position into which they have bumped at the conclusion of the approved leave. 12. Individuals may choose not to exercise bumping rights and accept a layoff. The Employer agrees it will not contest unemployment compensation benefits in such cases. 13. Individuals who exercise bumping rights shall do so in the following order of priority: In each of the following steps below, the employer will consider vacant positions before bumping an employee. a. Bump in the same job classification, the least senior employee collegewide. b. Bump the least senior employee in any job classification and the same pay level collegewide for which the employee is qualified. c. Bump the least senior employee in a lower job classification collegewide for which the employee is qualified. For purposes of this section only, whenever the job classification being bumped into is a Paraprofessional, "the least senior employee" shall mean the least senior position for which the person bumping has the qualifications. For example, if a Level IV person -- who has acquired seniority in another classification the qualifications for an ASC Paraprofessional -- is being displaced, they may bump the least senior Member ASC Paraprofessional, even though the least senior Paraprofessional is in that classification; and; 4Physics. If In the event an individual has the qualifications in more than one Member discipline supported by Paraprofessionals, they must bump the least senior position among those disciplines in the order listed above. 14. A full-time employee who has exhausted the provisions of paragraph 13 may choose to bump a part-time employee. The same order of priority of bumping rights specified in paragraph 13 shall apply. A full-time employee who bumps into a part-time position will lose full-time benefits and will accrue seniority on a pro-rata basis. A full-time employee who has sufficient seniority, and qualifications, may bump into two part-time positions utilizing the required order of priority, and provided the part-time positions do not have overlapping hours. In such cases, the employee shall retain full-time benefits and shall continue to accrue seniority on a full-time basis. 15. When an employee is placed in a classification is laid-offlower job classification, they shall be paid at the affected Members applicable rate for that classification. An employee shall select from available positions be reclassified to a position of lower rank and pay only when they otherwise would be laid off in accordance with their senioritythe higher rank because a position has been eliminated. 16. The following stipulations will apply: a. The position involves Employees who voluntarily elect to be laid off shall be subject to recall under the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members terms and conditions as employees who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes laid off. 17. Any disputes arising from this Section shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice positioned at Step 4 of the assignment’s ending dateGrievance Procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members (a) In the event of an extended layoff the Company and the Local Union shall meet and review the procedures as a result of any juris- dictional bumping. The least senior employee in the classification affected will be laid off or he/she may elect to displace the least senior employee in any other classification provided he/she is se- nior to the employee he/she is displacing. The displaced employees may then exercise his/her seniority in the same manner in any other classification until the least senior employee is laid off. In all other cases when a bid job is consolidated, discontinued or suspended, the employee shall work as assigned. In the event the bid job is not restored after fifteen (15) workdays, the employee affected may elect to displace any employee in his/her or any other classification provided he/she is senior to the employee he/she is displacing and qualified to perform the job selected. The displaced employee may then exercise his/her seniority in the same manner. Moves result- ing from such displacements shall be limited to three (3). Should a fourth (4th) displacement result, such displacement shall be made after thirty (30) days. When there are junior people in the package driver classification working in a building and there are senior people in the same classi- fication who are on layoff in another building within the jurisdiction of the Local and in the same UPS District, pursuant to be laid-off the preceding paragraph, the senior person will be notified as soon as possible and allowed to take the work by virtue of their seniority in no event the package classification for the duration of the layoff. When their bid job is again available, the employee shall return to the original center unless a job is posted for bid then the applicable bidding process pursuant to the contract shall prevail. (b) Full-time employees who have attained full-time seniority pri- or to August 1, 2013, who may be subject to layoff will be assigned to displace one (1) or more part-time employees in the building if any part-time employees are working in that building. In such case, said employee will be provided less than fourteen with eight (14) days written notice. The word "layoff" shall mean a reduction in 8) contin- uous hours of work at the appropriate rate for the classification of work force due to a decline in student enrollmentperformed, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedureexcept that: 1. Probationary;If said employee displaces a part-time employee and continues to perform the same work as his/her full-time assignment, he/she will continue to receive his/her regular rate of pay. 2. NonIf in the building there is a part-probationary; 3. Member who is to be laidtime employee receiving a wage rate higher than that of the displaced part-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-offtime employee(s), the affected Members shall select from full-time employee will receive such higher rate. (c) Full-time employees who have attained full-time seniority after August 1, 2018 who may be subject to layoff, will be afforded the opportunity to work part-time on one (1) or two (2) shifts in their building. Said employees who have completed their full-time pro- gression and are receiving top rate of pay in their classification will be paid the top rate of pay provided in Article 41, Section 3, for each hour of work, whether they displace one (1) or two (2) part- time employees. (1) Said employees will be provide with eight (8) continuous hours of work, if available positions in accordance with their senioritybuilding. When eight (8) continuous hours of work is not available, said employees will be afforded the opportunity to work part-time one (1) or two (2) shifts in their building, including split shifts, if available. The determination of the availability of eight (8) continuous hours will be made by the Labor Manager, Division Manager and the Local Union. It will not be predicated on the creation of work that does not already exist. (2) For employees covered by the Article 57, Section 3 (c) who have not completed the full-time progression in their classification, the part-time rate of pay will be established according to their Com- pany date of hire. (d) When ▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇ ▇▇▇ ▇ (▇), (▇) and (C) above do not apply, the following stipulations shall: Full- time seniority employee in the order of their seniority may elect to take the work of part-time workers, if any, for the duration of the layoff. In such cases, the full-time seniority employees will applybe guaranteed three (3) hours’ work at the appropriate rate for the classification of work performed, in addition to all fringe benefits. (e) Section 3 (A), (B), (C) and (D) shall not apply when: a. 1. The position involves Company shall have the same or greater number of work hoursright to lay off employees by clas- sification, unless the laid-off Member will accept less; b. in seniority order, for one (1) day, excluding Regular Package Car Drivers. The laid-off Member has more seniority; and c. The Member satisfies employees, in seniority order, may elect to displace the posted qualificationsleast senior employees working in the building as loaders (excluding pre-load) or unloaders, provided the selection does not interfere with their regularly scheduled job. Full-time employees electing to displace part time loaders or un- loaders will be paid at their regular rate for the hours worked on the part-time job. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in 2. During the first three (3) days of emergencies beyond the Em- ployer’s control, such as fire, flood, snowstorm, power failure, T.O.F.C. delays. During strikes against UPS or other classifications, provided they meet the posted qualifications. If companies which require a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice re- duction of the assignment’s ending datework force.

Appears in 1 contract

Sources: Supplemental Agreement

Layoff. A. Members who are to (a) When laying off an employee or employees within each classification, the last hired shall be laid-off will the first laid off, based on length of service within the Branch, it being understood that: (i) employees in a higher classification may be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due demoted to a decline in student enrollmentlower classification, lack of fundsand (ii) probationers have no seniority, elimination of a positionand (iii) an employee who has been promoted from one classification to another, or other unforeseen circumstances. B. Layoffand subsequently demoted to the lower classification shall, should it be necessarywithin that lower classification, shall take place by classification based on have seniority according to length of service in the following procedure:Branch and shall, if a layoff occurs, be laid off accordingly, and 1. Probationary;(iv) the classifications Labourer I and Labourer II shall, for the purposes of layoff only, be considered as one classification. 2. Non-probationary; 3. Member (b) Employees who is to be laid-off in one classification have completed their probationary period and who has acquired seniority are laid off and subsequently recalled to work in another classification may bump their Branch within one (1) year of the least senior Member layoff, shall be credited with previous service in that classification; and; 4Branch for the purpose of determining length of service in connection with vacations and other benefits based on length of service. If more than one Member Employees who have completed their probationary period and who have been laid off and subsequently recalled to work in a classification is laid-Branch, other than the Branch from which the employee was laid off, within one (1) year of the affected Members layoff shall, upon completion of six (6) continuous months of service in the new Branch, be credited with the employee's previous service in the Branch from which the employee was laid off for the purpose of determining length of service in the new Branch. After one year in the new Branch the employee's seniority shall select from available positions be applicable only to the new Branch and shall have no application in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsemployee's former Branch. C. Laid-off Members (c) Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the control of the Employer the Employer shall give to the employees concerned who have completed the probationary period not less than ten (10) days' prior written notice of any layoff under this Clause. Such notices shall be given preference over new hires in writing either by delivering or mailing the same to available bargaining unit vacancies in other classifications, provided they meet the posted qualificationsemployee for whom it is intended. If an employee to whom notice of layoff is given under this Clause 14.1(c) has not been given the opportunity to work for at least ten (10) days of the period of such notice the employee shall be paid for those days for which work was not made available. The Employer shall be required to give notice of layoff under this Clause 14.1(c) only to those Regular Full-Time, Regular Part-Time, Temporary Full-Time and Auxiliary Employees who have acquired seniority rights in either a laid- off Member fails to satisfactorily complete regular seniority pool or an auxiliary seniority pool and have completed the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classificationas aforesaid. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members 13.01 There shall be no regular full-time employees laid off in a classification, in a department, while there are non-regular employees working in that classification. 13.02 If layoffs occur, the junior regular full-time employee in the classification will have the right to displace a part-time employee in their job classification, preferably on their shift if possible, otherwise on any shift plant wide, providing they are able to perform the work. 13.03 Failing this, the regular full-time employee shall then be able to exercise their seniority to displace the most junior regular full-time employee in their job classification, plant wide, providing they are able to perform the work. 13.04 Failing this, the regular full-time employee shall then be able to exercise their seniority to displace the most junior regular full-time employee plant-wide, providing they are able to perform the work. 13.05 Failing this, the regular full-time employee shall then be able to exercise their seniority to displace the most junior regular full-time employee in the next highest job classification, providing they are fully qualified and willing to perform the available work. In order to accommodate this, the Company will layoff the necessary non-regular employee to make room for the bumping. 13.06 The most junior regular full-time employee so bumped may exercise his/her right to bump the most junior regular full-time employee plant wide providing they are fully qualified and willing to perform the available work and the company will layoff the number of non-regular employees to make this bumping possible. 13.07 A regular full-time employee who exercises their right to displace another employee pursuant to the foregoing shall be paid the rate of the job classification in which they exercise their displacement rights. 13.08 For the purpose of this Article, non-regular employees shall be defined as any part-time employee, agency employee, student or probationary employee. 13.09 A regular full-time employee displaced at any stage, other than the one (1) day layoff referred to in 13.15 shall continue the aforementioned procedure. 13.10 Recall shall be in reverse order of layoff. The last regular FT employee laid off (providing they still have recall rights) shall be the first employee entitled to recall providing they are fully qualified and willing to perform any available permanent work. It is understood and agreed that such permanent available work shall not be construed as a vacancy under Article 12 – Seniority, Section 12.08. 13.11 Employees who are to be laid-laid off will be notified as soon as possible and in no event will be provided shall have recall rights for one (1) year if they have seniority of one (1) year or more. Employees with less than fourteen one (141) days written notice. The word "layoff" year seniority shall mean a reduction in the work force due have recall rights equivalent to a decline in student enrollment, lack their length of funds, elimination of a position, or other unforeseen circumstancesservice. B. Layoff13.12 For the purpose of layoff, should it be necessarythe Co-chair of the facility shall have super seniority within their respective departments. 13.13 When a shift change occurs, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laidbecause of lay-off in one classification the bargaining unit, reference to Article 8.01(b) will not be applicable. 13.14 The Company will “call back” employees by seniority until the daily schedule requirements are met on a first call only basis. 13.15 In the event that an employee is laid off and who has acquired seniority in another classification may is unable to bump a same day shift as a result of the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-offshift schedules, the affected Members shall select from available positions in accordance with their seniority. The following stipulations employee will apply: a. The position involves the same or greater number of work hours, unless the laidaccept a one (1) day lay-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall and be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list scheduled for the previous classificationnext scheduled shift accordingly. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members 7:6.1 Permanent employees of the District who are to be laid-off have a seniority date of June 30, 1978 or earlier will be notified maintained in their employment for the life of this Agreement unless they are terminated for cause or laid off as soon as possible a result of reductions necessary because of building closings, change in the State funding formula, and/or changes in the transportation budget. This shall not apply to any employee with a seniority date of July 1, 1978 or later who shall be subject to the layoff and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean recall procedures set forth hereafter. 7:6.2 If a reduction in force is necessary beyond normal attrition, the work force due Superintendent, after consultation with the Board, shall determine the number and types of positions to a decline in student enrollment, lack be reduced as well as the date such reductions are needed and shall apprise the President of funds, elimination the Union of a position, or other unforeseen circumstancesthis information prior to the effective date of the reductions. B. Layoff7:6.3 In the event of reduction in force, should it probationary, casual, and temporary employees shall be necessary, shall take place by classification based on seniority according to terminated before permanent employees are laid off. Thereafter the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired employee with the least seniority in another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members classification(s)/skill areas shall select from available positions be subject to such layoff. Such employee, if his seniority is greater than the seniority of other employees in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hourslower classification in his bumping group and provided he is qualified to perform the work, unless shall have the laid-off Member will accept less; b. The laid-off Member has more right to replace the employee with the least seniority; and c. The Member satisfies the posted qualifications. C. Laid-7:6.4 The bumping groups and the hierarchical of the classifications are as follows: Group 1 Group 2 Chief I Maintenance A (▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇/Locksmith, Supply Technician, Grounds Lead, Electrician, Boiler Tech, HVAC Tech, Plumber, Roofer, Bus Mechanic, Refrigeration Mechanic, and Mechanic) Chief II Chief II Night Custodian Fireman Custodial Maintenance B (▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇/Locksmith, Supply Technician, Ground Crew, Electrician, Boiler Tech, HVAC Tech, Plumber, Roofer, Bus Mechanic, Refrigeration Mechanic, Mechanic and Painter) Courier Maintenance C Custodial 7:6.5 An employee exercising his right to be transferred to the same or lower classification rather than being laid off Members shall receive the salary rate of the classification to which he is being transferred. Such an employee will be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain put on the layoff recall list for the previous in seniority order of his/her former classification. D. Members 7:6.6 An employee who are involuntarily in-active (i.e.does not exercise his right to be transferred to a lower classification shall be laid off and is eligible only for recall to the classification from which he was laid off. 7:6.7 The provision of Section 7:6.1 shall not, on layoff or non-permanent assignment as an alternative to layoff, preclude reclassification of an employee to the next lower classification for which he/she has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending datesufficient seniority.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. A. Members (a) An employee whose job is abolished or declared redundant, or who are to be laid-is displaced or laid off for any reason will be notified as soon as possible entitled to exercise their seniority rights in the following manner and in no event order, provided the employee is able to perform the work and subject to the other provisions of this collective agreement: (i) First, the employee will be entitled to displace (bump) a less senior employee in the same job classification at their current site. (ii) Second, if the employee is unable to exercise the displacement provided above, they may displace a less than fourteen senior employee in the same job classification at other sites. (14iii) Third, if the employee is unable to exercise the displacement provided above, they may displace a less senior employee in other departments. (b) Layoffs will only be permitted at the end of the current sign-up period. The Commission shall provide the Union with a minimum of sixty (60) days written noticenotice prior to all layoffs. The word "layoff" shall mean a reduction Commission agrees that in the work force due to a decline in student enrollment, lack of funds, elimination event of a positionlayoff, or other unforeseen circumstancesemployee(s) shall be laid off in the reverse order of their bargaining unit seniority. Recall of employee(s) following a layoff shall be in order of bargaining unit seniority, and recall rights shall not exceed a period of thirty-six (36) months. B. Layoff(c) If a job is reinstated in any department, should it at any site, such job must be necessary, shall take place by classification based on seniority according offered to the following procedure:originally displaced employee before being offered to other bargaining unit employees. 1(d) After being notified of recall by phone and registered mail to the employee’s last known address, the employee must be available to return to work within thirty (30) days. Probationary; 2. Non-probationary; 3. Member who is It shall be the employee's duty to be laid-off notify the Commission promptly of any change in one classification phone number and who has acquired seniority in another classification may bump the least senior Member in that classification; and; 4address. If an employee should fail to notify the Commission of such change, the Commission will not be responsible for failure to reach said employee. (e) The Commission shall continue to provide, at its own expense, group health insurance, excluding short-term disability and long-term disability benefits, for all employees on layoff for a period of ninety (90) days. If an employee is laid off for a period of more than one Member ninety (90) days, their benefits will be cancelled during the remaining period of layoff unless the employee chooses to pay the premiums. (f) Employees that are laid off and recalled in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members calendar year shall be given preference over new hires the option to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laidre-off Member shall remain on the layoff list for the previous classificationsign missed vacation and floater days or be paid out upon return. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Agreement

Layoff. A. Members 13.1 Layoff will mean: 13.1.1 elimination of positions; or 13.1.2 reduction in hours of work. 13.2 If it becomes necessary to reduce the work force, CLS will notify HSAA and all employees who are to be laidlaid off, in writing by registered mail or in person, at least twenty-eight (28) days prior to layoff. 13.2.1 The twenty-eight (28) days' notice will not apply where the layoff results from an Act of God, fire, or flood. However, the affected employee will receive pay for the days when work was not available up to a maximum of twenty-eight (28) days pay in lieu of notice. 13.2.2 If the employee laid off has not been provided with an opportunity to work her regularly scheduled hours for twenty-eight (28) days after notice of layoff, the employee will be notified as soon as possible and paid in no event lieu of such work for that portion of the twenty-eight (28) days during which work was not made available. 13.3 Layoff will be in reverse order of seniority of employees in the classification. However, CLS will have the right to retain employees who would otherwise be laid off when layoff in accordance with this Article would result in retaining employees who are not qualified and capable of performing the work required. 13.3.1 For the purposes of Article 13: ▇▇▇▇▇▇ and Recall “qualified and capable of performing the work required” shall be assessed by the Employer recognizing the need to provide a period of familiarization and orientation. 13.3.2 An employee who receives a layoff notice will have three (3) working days exclusive of Saturday, Sunday and Named Holidays from the receipt of the notice to indicate her wish to: a) Displace the most junior employee at her current classification, provided less than that the employee is qualified and capable of performing the required work, b) Take a position at her current classification which is a vacant position within the bargaining unit and for which the employee is qualified and capable of performing the work, or c) At the employee’s option, accept layoff with the right to recall 13.3.3 If an employee elects (a) or (b) above, and the Employer determines that the employee is not capable and qualified of performing the work of the position selected, the Employer shall inform the employee and HSAA of such within fourteen (14) days written noticeof the employee making such selection. The word "layoff" employee shall mean a reduction in then have the work force due right to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be laid-off in one classification and who has acquired seniority in make another classification may bump the least senior Member in that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions selection in accordance with their seniority. The following stipulations will apply: a. The position involves the same or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualificationsArticle 13.3.2. C. Laid-13.4 Should an employee be incapable of displacement in her classification she may look within the classification series in accordance with Article 13.3.2. 13.5 Laid off Members employees will accrue sick leave and earned vacation for the first (1st) month of layoff. 13.6 Laid off employees will not be entitled to Named Holidays with pay which may fall during the period of layoff. 13.7 If CLS proposes to layoff an employee while she is on leave of absence, Workers’ Compensation or absent due to illness or injury, she shall not be given preference over new hires served with notice under Article 13.2 until she has advised CLS of her readiness to available bargaining unit vacancies return to work. 13.8 When notice of ▇▇▇▇▇▇ is delivered to an employee in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classificationperson, the laid-off Member shall remain on the layoff list for the previous classificationemployee may be accompanied by a representative of HSAA. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

Appears in 1 contract

Sources: Collective Agreement