Common use of LAYOFFS AND RECALL Clause in Contracts

LAYOFFS AND RECALL. (a) The layoff of employees shall be in reverse order of seniority providing that employees remaining are qualified to perform the available work. Probationary employees shall be laid off first. Full-time layoffs shall be separate from part-time layoffs. Notwithstanding this provision, when full-time or part-time employees choose to bump and there are no employees with less seniority on the applicable full-time or part- time seniority list as the case may be, then the lists will be merged for purposes of bumping. Consistent with the opportunity to bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process. The decision of the employee to choose to bump must be given to the Employer in writing within seven (7) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. No agency or new hires will be used when there is an employee on layoff provided that the employees on layoff are qualified to perform the available work. Recall to a regular part-time or full-time position shall be in order of seniority. Notice of recall will be sent by registered mail. An employee will respond within seven (7) calendar days and shall be available for work within an additional fourteen (14) days unless otherwise agreed. The Home and Union will meet and discuss the layoffs at the earliest opportunity. This discussion will include the service which the Home will undertake after the layoff.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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LAYOFFS AND RECALL. (a) The layoff of employees shall be in reverse order of seniority providing that employees remaining are qualified to perform the available work. Probationary employees shall be laid off first. Full-time layoffs shall be separate from part-time layoffs. Notwithstanding this provision, when full-time or part-time employees choose to bump and there are no employees with less seniority on the applicable full-time or part- part-time seniority list as the case may be, then the lists will be merged for purposes of bumping. Consistent with the opportunity to bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process. The decision of the employee to choose to bump must be given to the Employer in writing within seven (7) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. No agency or new hires will be used when there is an employee on layoff provided that the employees on layoff are qualified to perform the available work. Recall to a regular part-time or full-time position shall be in order of seniority. Notice of recall will be sent by registered mail. An employee will respond within seven (7) calendar days and shall be available for work within an additional fourteen (14) days unless otherwise agreed. The Home and Union will meet and discuss the layoffs at the earliest opportunity. This discussion will include the service which the Home will undertake after the layoff.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

LAYOFFS AND RECALL. (a) The layoff of employees shall be in reverse order of seniority providing that employees remaining are qualified to perform the available work. Probationary employees shall be laid off first. Full-time layoffs shall be separate from part-time layoffs. Notwithstanding this provision, when full-time or part-time employees choose to bump and there are no employees with less seniority on the applicable full-time or part- time seniority list as the case may be, then the lists will be merged for purposes of bumping. Consistent with the opportunity to bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process. The decision of the employee to choose to bump must be given to the Employer in writing within seven (7) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. No agency or new hires will be used when there is an employee on layoff provided that the employees on layoff are qualified have the qualification, skill and ability to perform the available work. Recall to a regular part-time or full-time position shall be in order of seniority. Notice of recall will be sent by registered mail. The Employer shall send such notification to the most recent address noted in the employee’s personnel file. It is the employee’s responsibility to notify the Human Resources Representative in writing of any address or telephone number change. An employee will respond within seven (7) calendar days and shall be available for work within an additional fourteen (14) days unless otherwise agreedagreed as per 11.05(e). The Home Employer and Union will meet and discuss the layoffs at the earliest opportunity. This discussion will include the service which the Home Employer will undertake after the layoff.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

LAYOFFS AND RECALL. For purposes of layoff, entitlement to remaining jobs shall be based upon the following: average number of units by cell, job efficiency in a batch process, and attendance; but when the foregoing factors are relatively equal as between two or more employees, seniority shall govern. Layoffs in a department shall be governed by the foregoing factors utilizing departmental seniority and any employees laid off shall be entitled to exercise the rights set forth in this Section 5. Reference Attachment A (aBatch Process ) The and Attachment B (Cell Production). If a reduction of force within a department shall necessitate the layoff of employees shall be an employee with two (2) or more continuous years of employment with the Company, such an employee may utilize that seniority to replace any other employee in reverse order of seniority providing that employees remaining are qualified any other department who has been continuously employed by the Company for a lesser period, provided the former has the ability to perform the available worknew job. Probationary employees The employee so replaced, if the employee has two (2) years or more continuous employment with the Company, shall have a similar right to replace any employee in any department who has less continuous employment service with the Company, provided the former maintains the same level of efficiency as the employee they have displaced according to the following schedule: 50% of level after 5 work days, 75% level after 10 work days and 100% level after 15 work days. This procedure will be followed until an employee is replaced who has less than two (2) years of continuous service with the Company and in that event, such employee shall be laid off firstoff. Full-time layoffs An employee who replaces another under this procedure and thereby enters a new department shall be separate placed on the bottom of the seniority list in such new department, but such employee shall have first right to return to his old job if and when the employee’s old job is reactivated. If at that time an employee elects not to return to the employee’s old job when it again becomes available, the employee shall lose all seniority in the employee’s old department and the employee’s seniority in the employee’s new department shall date from partthe time of the employee’s election not to return to the old department. In the event of the disestablishment of an entire department and the ceasing of operations of that department, employees within that department shall be advised whether or not the department is likely to reopen in the foreseeable future. If it is not likely that the department will be re-time layoffs. Notwithstanding this provisionestablished within the foreseeable future, when full-time or part-time employees choose to bump and there are no employees with less seniority on the applicable full-time two (2) or part- time seniority list as the case may be, then the lists will be merged for purposes more years of bumping. Consistent continuous service with the opportunity Company may then elect to bumpaccept permanent transfers to any other department into which they may transfer pursuant to the foregoing procedure and in that event their seniority in such new department shall date from the time of the transfer. An employee may, all employees who are potentially impacted will be given notice however, elect not to exercise the employee’s seniority by replacing an employee with less continuous service and shall have the option of accepting voluntary layoff subject to recall in line with the employee’s departmental seniority to the job the employee held at the outset time of the processlayoff. The decision of In the event that work becomes available in a department in which an employee has been laid off, the Company may temporarily transfer someone from another department to choose do the work in preference to bump must recalling the laid off employee unless the work shall amount to more sixteen (16) hours per week for a two (2) week consecutive period. It is agreed that this provision shall not operate to give regular and continued work to an employee who otherwise would be on layoff. Two (2) days’ notice shall be given to any employee to be laid off for a week or more. Failing to give two (2) days’ notice where applicable, the Employer Company shall give the employee two (2) days’ pay in writing within seven (7) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. No agency or new hires will be used when there is an employee on layoff provided lieu thereof, provided, however that the foregoing requirement for notice and pay in lieu thereof shall not be applicable to layoffs caused by acts of nature, or power failures that are not due to negligence of the Company. The Company may reduce hours for a period of four (4) weeks if it becomes necessary to curtail production due to a reduction in business. If at the end of the time business conditions still warrant, the Company agrees to consult with the Union as to the advisability of continuing at less than forty (40) hours per week, or instead, laying off a sufficient number of employees on so as to permit a return to a 40-hour week. A reduction in working hours as aforesaid shall not prevent the Company from also laying off such number of employees as it deems necessary to meet business conditions. For purposes of layoff are qualified only, members of the Union Shop Committee shall be considered to be at the top of their respective departmental seniority lists. Accordingly, in case of a closedown of an entire department and a discontinuance of the operations of that department, Union Shop Committee members may exercise their rights to replace employees in other departments with less continuous service, provided the Committee man possesses the ability to perform the available work. Recall to a regular part-time job and has two (2) or full-time position shall be in order more years of seniority. Notice of recall will be sent by registered mail. An employee will respond within seven (7) calendar days and shall be available for work within an additional fourteen (14) days unless otherwise agreed. The Home and Union will meet and discuss continuous service with the layoffs at the earliest opportunity. This discussion will include the service which the Home will undertake after the layoffCompany.

Appears in 1 contract

Samples: Frank Holton (Steinway Musical Instruments Inc)

LAYOFFS AND RECALL. (a) The Company shall, in its sole discretion, determine when the layoff or recall of employees is necessary. When the Company decides to layoff or recall employees, it shall be layoff employees in reverse order of seniority providing and recall employees in order of seniority provided that the employees remaining are qualified after a layoff and the employees being recalled, as the case may be, have the necessary skill, ability, experience, competence and qualifications to perform the available work. Probationary Notwithstanding the foregoing, the Company may layoff employees for periods of up to five (5) working days as it deems appropriate in its sole discretion and without regard to the seniority of the employees. This provision can only be applied when a department and or contract of the employers operation has been forced to cease for a period of not more than five (5) days, requiring those employees to be temporarily laid off. This provision shall not be used to lay off employee(s) without a curtailment of a portion of the Employer’s operation. An employee that is being displaced as a result of a reduction in the work force shall be laid off firstrequired to fill any open position or any temporary positions that hasn’t been filled by a senior employee on the shift that they are currently working. Full-time layoffs shall be separate from part-time layoffs. Notwithstanding this provision, when full-time or part-time employees choose to bump and If there are no employees with less seniority on the applicable full-time or part- time seniority list as the case may benot open positions, then the lists will be merged for purposes of bumping. Consistent with employee may exercise their seniority on their own shift first starting from the opportunity to bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process. The decision of the employee to choose to bump must be given to the Employer in writing within seven (7) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. No agency or new hires will be used when there is an lowest seniority employee on layoff provided that shift providing they have the employees on layoff are qualified necessary skill and ability to perform that job. Should there be no junior employee on that shift the available work. Recall to a regular part-time or full-time position above procedure shall be in order of seniority. Notice of recall will be sent by registered mail. An employee will respond within seven (7) calendar days and shall be available for work within an additional fourteen (14) days unless otherwise agreed. The Home and Union will meet and discuss the layoffs at the earliest opportunity. This discussion will include the service which the Home will undertake after the layoffrepeated on another shift or elect to take a voluntary lay-off.

Appears in 1 contract

Samples: Collective Agreement

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LAYOFFS AND RECALL. (a) The layoff of employees shall will be in reverse order of seniority providing that employees remaining are qualified to perform the available work. Probationary employees shall will be laid off first. Full-time layoffs shall will be separate from part-time layoffs. Notwithstanding this provision, when full-time or part-time employees choose to bump and there are no employees with less seniority on the applicable full-time or part- part-time seniority list as the case may be, then the lists will be merged for purposes of bumping. Consistent with the opportunity to bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process. The decision of the employee to choose to bump must be given to the Employer in writing within seven (7) calendar days following the notification of layoff. Employees failing who fail to do so will be deemed to have accepted the layoff. No agency or new hires will be used when there is an employee on layoff provided that the employees on layoff are qualified to perform the available work. Recall to a regular part-time or full-time position shall will be in order of seniority. Notice of recall will be sent by registered mail. An employee will respond within seven (7) calendar days and shall will be available for work within an additional fourteen (14) days unless otherwise agreed. The Home and Union will meet and discuss the layoffs at the earliest opportunity. This discussion will include the service which that the Home will undertake after the layoff.

Appears in 1 contract

Samples: Collective Agreement

LAYOFFS AND RECALL. (a) The layoff of employees shall be in reverse order of seniority providing that employees remaining are qualified to perform the available work. Probationary employees shall be laid off first. Full-time layoffs shall be separate from part-time layoffs. Notwithstanding this provision, when full-time or part-time employees choose to bump and there are no employees with less seniority on the applicable full-time or part- time seniority list as the case may be, then the lists will be merged for purposes of bumping. Consistent with the opportunity to bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process. The decision of the employee to choose to bump must be given to the Employer in writing within seven (7) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. No agency or new hires will be used when there is an employee on layoff provided that the employees on layoff are qualified have the qualification, skill and ability to perform the available work. Recall to a regular part-time or full-time position shall be in order of seniority. Notice of recall will be sent by registered mail. The Employer shall send such notification to the most recent address noted in the employee’s personnel file. It is the employee’s responsibility to notify the Employee Services Representative in writing of any address or telephone number change. An employee will respond within seven (7) calendar days and shall be available for work within an additional fourteen (14) days unless otherwise agreedagreed as per 11.05(e). The Home Employer and Union will meet and discuss the layoffs at the earliest opportunity. This discussion will include the service which the Home Employer will undertake after the layoff.

Appears in 1 contract

Samples: Collective Agreement

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