Common use of Layoffs Recall Clause in Contracts

Layoffs Recall. 17.01 In the event of a proposed lay off of a permanent or long term nature, the Employer will provide affected employees notice according to the Employment Standards Act. Layoffs shall be based upon the following factors. a. seniority b. skill, and ability to do the job with only minimum orientation 17.02 Layoffs are defined as the elimination of a position or a reduction of more than ten (10) hours per pay period. 17.03 The Employer will discuss the reasons for a layoff at a duly called labour management meeting and will consider any submissions the union may offer. However, nothing herein shall limit or restrict the Employer’s ability to institute a layoff, should it determine to do so. 17.04 On notification of lay-off an employee may either: a. accept the lay-off, or b. displace an employee with less bargaining unit seniority in a lower or identical paying classification, and provided the position she bumps into is of equal or lesser hours. The employee displaced shall then be laid off. 17.05 An employee who is entitled to this option shall provide written notice to her manager within three (3) days of her decision to accept the lay-off or to displace a more junior employee in another classification. Failure to do this will indicate acceptance of the lay-off. The Employer will determine which employee is laid off, subject to Article 17.01. 17.06 An employee that is displaced as a result of another employee’s exercise of the privilege described in Articles 17.04 may also rely on the provisions of that Article. 17.07 Recall to available positions shall be in reverse order of lay-off. If hours of work are restored after an employee has exercised the privilege described in 17.04, that position shall first be offered to the employee who held it prior to the layoff. 17.08 No positions will be posted until all employees who were laid off and are qualified have been given the opportunity to return to work and have refused work or have been found unable to perform the work available. 17.09 If an employee wishes to file a grievance about a notice of layoff, this shall be done within three (3) days of receiving the notice of layoff, and such grievance shall be filed at Step 2 of the grievance procedure. 17.10 It shall be the duty of each employee to notify the Employer promptly of any change of address. If the employee fails to do this, the Employer will not be responsible for failure of a notice to reach such employee. Notice of recall after layoff shall be sent to an employee by registered mail to her last address on record with the Employer. 17.11 After recall from layoff, an employee must return to work within two (2) working days if unemployed and within seven (7) working days if employed elsewhere or before her next scheduled shift, whichever is later. It shall be sufficient for the Employer to send notice of recall by registered mail to the employee’s last known address. 17.12 An employee who returns from layoff to a classification different from the classification prior to lay-off may return to her original position if it becomes vacant within (6) months of her return to work. 17.13 An employee who has completed the probation period and who is laid off may retain, but shall not accumulate seniority while laid off.

Appears in 1 contract

Sources: Collective Agreement

Layoffs Recall. 17.01 SECTION 1. Whenever it is necessary because of lack of work or funds or whenever it is advisable in the interest of economy or efficiency to reduce the working force of the Employer, employees shall be laid off on the basis of seniority within their unit as defined in Article 11 - Seniority, Section 1 (b). SECTION 2. For layoff purposes, if two (2) or more employees have the same date of hire, then layoffs shall be affected by the date of the application. In the event of a proposed lay off of a permanent or long term nature, the Employer will provide affected employees notice according to the Employment Standards Act. Layoffs shall be based upon the following factors. a. seniority b. skill, and ability to do the job with only minimum orientation 17.02 Layoffs are defined as the elimination of a position or a reduction of more than ten (10) hours per pay period. 17.03 The Employer will discuss the reasons for a layoff at a duly called labour management meeting and will consider any submissions the union may offer. However, nothing herein shall limit or restrict the Employer’s ability to institute a layoff, should it determine to do so. 17.04 On notification of lay-off an employee may either: a. accept the lay-is laid off, or b. he shall have the right to displace an employee with less seniority within the same department. In addition, an employee subject to a layoff shall be permitted to displace an employee with lesser seniority within the bargaining unit seniority in a lower or identical paying classificationunit, provided he has the ability and provided qualifications to perform the position she bumps into is of equal or lesser hoursjob. SECTION 3. The employee displaced shall then employees to be laid off, and the Union, shall be given a minimum of two (2) weeks advance written notice of a layoff, indicating the circumstances which make the layoff necessary. 17.05 An employee who is entitled to this option shall provide written notice to her manager within three (3) days of her decision to accept SECTION 4. In the lay-off or to displace a more junior employee in another classification. Failure to do this will indicate acceptance of the lay-off. The Employer will determine which event an employee is laid off, subject to Article 17.01he shall receive payment for earned but unused vacation and for unpaid overtime in his paycheck. 17.06 SECTION 5. When employees are laid off, the Employer shall create a recall list for each department. The Employer shall recall employees from layoff within each department as needed. The Employer shall recall such employees by seniority, beginning with the most senior employee in the department and progressing to the least senior employee up to the number of employees to be recalled; provided that the employee being recalled has the ability and qualifications to perform the job. An employee that is displaced as a result of another employee’s exercise of the privilege described in Articles 17.04 may also rely on the provisions of that Article. 17.07 Recall to available positions shall be in reverse order eligible for recall for a period of lay-off. If hours one (1) year after the effective date of work are restored after an employee has exercised the privilege described in 17.04, that position shall first be offered to the employee who held it prior to the layoff. 17.08 No positions will SECTION 6. Employees shall be posted until all employees who were laid off recalled in the inverse order of layoff from their department; provided that the employee being recalled has the ability and are qualified have been given the opportunity to return to work and have refused work or have been found unable qualifications to perform the work available. 17.09 If an job. An employee wishes to file a grievance about a on layoff will be given fourteen (14) calendar days’ notice of layoff, this shall be done within three (3) days of receiving recall from the notice of layoff, and such grievance shall be filed at Step 2 of the grievance procedure. 17.10 It shall be the duty of each employee to notify date on which the Employer promptly of any change of address. If sends the employee fails to do this, the Employer will not be responsible for failure of a recall notice to reach such employee. Notice of recall after layoff shall be sent to an the employee by registered mail to her his last known address as shown on record with the Employer’s records. In the event an employee does not respond during the fourteen (14) day period, he will be terminated. SECTION 7. Before any bargaining unit employee is notified of his layoff under the above provision, the County and the Union will meet immediately for the purpose of attempting to find an available job within the Employer. 17.11 After recall from layoff, an employee must return to work within two (2) working days if unemployed and within seven (7) working days if employed elsewhere or before her next scheduled shift, whichever is later. It shall be sufficient for the Employer to send notice of recall by registered mail to the employee’s last known address. 17.12 An employee who returns from layoff to a classification different from the classification prior to lay-off may return to her original position if it becomes vacant within (6) months of her return to work. 17.13 An employee who has completed the probation period and who is laid off may retain, but shall not accumulate seniority while laid off.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoffs Recall. 17.01 Section 1. Layoff and Bumping Whenever it becomes necessary due to lack of funds, lack of work or abolishment of classification within the Clerk's office, all emergency, provisional, temporary, seasonal, probationary and part time employees shall be laid off first before any reduction is made in the permanent work forces. Permanent employees shall be laid off in order of their seniority within the affected position classifications with that employee having the lowest seniority within the position classification within the department being laid off first then continuing in like manner until the required reduction in work force has been accomplished. In the event of an employee is laid off, he/she may receive payment for earned but unused vacation with his/her final check. In the event a proposed lay off of a permanent or long term naturelayoff occurs, the Employer will provide affected employee (s) may bump employees notice according to in an equal or lower paying classification within the Employment Standards Act. Layoffs shall be based upon the following factors. a. seniority b. skill, and ability to do the job with only minimum orientation 17.02 Layoffs are defined as the elimination of a position or a reduction of more than ten (10) hours per pay period. 17.03 The Employer will discuss the reasons for a layoff at a duly called labour management meeting and will consider any submissions the union may offer. However, nothing herein shall limit or restrict the Employer’s ability to institute a layoff, should it determine to do so. 17.04 On notification of lay-off an employee may either: a. accept the lay-off, or b. displace an employee with less bargaining unit who have less overall seniority in a lower or identical paying classification, and provided that the bumping employee has previously held the position of the employee he/she bumps into is of equal or lesser hoursdisplaces. The employee displaced shall who is bumped may then exercise his/her bumping rights, if any. Employees may bump into positions in an equal or lower paying classification which they have not previously held, provided they have demonstrated the minimum qualifications for the position and subject to the successful completion of forty five (45) working days probationary period in the new position. If the employee does not successfully complete the probationary period, he/she may be laid off. 17.05 An employee Section 2. Recall Order Permanent employees who is entitled to this option shall provide written notice to her manager within three (3) days of her decision to accept the lay-off or to displace a more junior employee in another classification. Failure to do this will indicate acceptance of the lay-off. The Employer will determine which employee is laid off, subject to Article 17.01. 17.06 An employee that is displaced as a result of another employee’s exercise of the privilege described in Articles 17.04 may also rely are on the provisions of that Article. 17.07 Recall to available positions layoff shall be recalled in reverse order of lay-offtheir layoff, within a position classification, with the last employee laid off being the first to be called back and continuing in like manner until the required number of employees has been obtained. Section 3. If hours Recall Notification Each employee to be laid off shall be given advance written notice of work are restored after an employee has exercised the privilege described in 17.04, that position layoff by the Clerk stating the reasons therefore. Such written notice shall first be offered hand delivered to the employee who held it prior at work or mailed certified mail to the layoff. 17.08 No positions will be posted until all employees who were laid off and are qualified have been given the opportunity to return to work and have refused work or have been found unable to perform the work available. 17.09 If an employee wishes to file a grievance about a notice of layoff, this shall be done within three (3) days of receiving the notice of layoff, and such grievance shall be filed at Step 2 of the grievance procedure. 17.10 It shall be the duty of each employee to notify the Employer promptly of any change of address. If the employee fails to do this, the Employer will not be responsible for failure of a notice to reach such employee. Notice of recall after layoff shall be sent to an employee by registered mail to her last address on record file with the Employer. 17.11 After recall from layoffClerk. If hand delivered, an employee must return to work within two (2) working days if unemployed and within seven (7) working days if employed elsewhere or before her next scheduled shift, whichever is later. It such notice shall be sufficient for the Employer to send notice of recall by registered mail to the employee’s last known address. 17.12 An employee who returns from layoff to a classification different from the classification prior to lay-off may return to her original position if it becomes vacant within (6) months of her return to work. 17.13 An employee who has completed the probation period and who is laid off may retain, but shall not accumulate seniority while laid off.given at least thirty

Appears in 1 contract

Sources: Collective Bargaining Agreement