Layoffs. SECTION 1 When the Employer determines that a long-term layoff or job abolishment is necessary, the Employer shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA. SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff. SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into. SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled. SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoffs.
SECTION 1 When the Employer determines that (A) Layoffs and displacements may occur as a long-term layoff result of lack of funds and/or lack of work or job abolishment is necessaryor job redesign. In any such event, layoff and recall will be in accordance with the Employer shall notify Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible.
(B) The City will provide CODE with a copy of the affected employees fourteen (14) “Layoff Statement of Rationale” at least 30 days in advance of prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or job abolishmentdisplacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission.
(C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position.
(D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be notified displaced.
(E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff.
(F) In the event of any changes in state law affecting this Article 10, the Employer’s decision changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possiblenotify the other party of their objection. The Employerparties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, upon request from the UMWA then state law prevails.
(G) The City agrees to discuss provide CODE representatives a minimum of sixty (60) days notice and the impact of opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of bargaining unit employees with representatives of the UMWACODE members.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoffs.
SECTION 1 When A. Layoff shall be defined as the Employer determines that elimination of a long-term layoff position or job abolishment positions within a particular work unit. A work unit is necessary, the Employer shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff a budgetarily discrete academic or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possibleadministrative entity. The Employer, upon request from the UMWA agrees to discuss the impact URA-AFT shall be informed of any layoff all notices of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice B. In the event of long-term layoff, the following shall apply:
1. Where one or more employee(s) in the same title performing the same functional tasks in the same work unit is being laid off, layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery be implemented in which to exercise his right to bump the next less senior employee within the bargaining unitreverse order of seniority, provided the person who wishes to bump possesses senior employee has the skill, ability requisite qualifications and qualifications abilities to perform the work of available.
2. With respect to laid off employees who have provided current contact information to UHR, the assignment following shall apply:
a. The employee who is being laid off may meet with ▇▇▇’s designee to identify open positions for which they may be qualified, including but not limited to the title currently held. The laid off employee may apply for and will be interviewed and considered for such open positions for which they meet the requisite qualifications.
b. However, where more than one laid off employee meets the requisite qualifications for an open position, up to three laid off employees, as determined by seniority, shall be interviewed and considered.
c. Candidate selection for all open positions will be at the Employer. sole and exclusive discretion of the hiring department.
C. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be is laid off and has not been placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off Section B above shall be placed on a preferred recall list for a period of eighteen up to thirty (1830) months. Employees on During this period, a recall list laid off employee shall be responsible entitled to apply for notifying the Employer at the time of layoffany vacant URA-AFT position, and for keeping current if they have the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified requisite qualification and ability to perform the work shall be interviewed and considered for that position. Candidate selection for all open positions will be at the sole and exclusive discretion of the job assignment hiring department.
D. If a position within the same title within the same work unit from which the employee was laid off is restored during the thirty (30) month recall period, the employee who previously held the position shall be recalled. If more than one employee in the same title has been laid off from the same work unit they shall be recalled to those restored positions in order of seniority.
E. Upon recall to employment an employee shall retain all seniority rights and benefits prior to being laid off and shall immediately begin to accrue additional seniority for all purposes.
F. Employees hired on a 10 month basis shall not be entitled to utilize the provisions of this Article during the 2 month period during which they are recallednot employed.
SECTION 5 In G. The following shall also apply to laid off employees during the case of 30 month preferred recall period:
1. For employees rehired into a long-term layoff, the different position or recalled employee shall have seven (7) calendar days following the date pursuant to paragraph D above within 12 months of the mailing by certified mail last day of work, vacation accrual will begin with the first complete calendar month worked. Vacation allowance will be based on years of continuous employment as a regularly-appointed staff member immediately preceding layoff.
2. For employees rehired into a different position or recalled pursuant to paragraph D above within 24 months of the recall notice last day of work, any unused sick leave accrued under the former employment will be carried forward to notify the Employer of his intention be credited toward sick leave payment at retirement as well as for other authorized use.
3. For employees rehired into a different position or recalled pursuant to return to work and shall have ten (10) calendar days following the mailing date paragraph D above within 12 months of the recall notice in which to report for dutylast day of work, unless a later date for returning to work is otherwise specified in the noticethere will not be another probationary period.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoffs.
SECTION 1 When A. Layoff shall be defined as the Employer determines that elimination of a long-term layoff position or job abolishment positions within a particular work unit. A work unit is necessary, the Employer shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff a budgetarily discrete academic or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possibleadministrative entity. The Employer, upon request from the UMWA agrees to discuss the impact URA-AFT shall be informed of any layoff all notices of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice B. In the event of long-term layoff, the following shall apply:
1. Where one or more employee(s) in the same title performing the same functional tasks in the same work unit is being laid off, layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery be implemented in which to exercise his right to bump the next less senior employee within the bargaining unitreverse order of seniority, provided the person who wishes to bump possesses senior employee has the skill, ability requisite qualifications and qualifications abilities to perform the work of available.
2. With respect to laid off employees who have provided current contact information to UHR, the assignment following shall apply:
a. The employee who is being laid off may meet with UHR’s designee to identify open positions for which he/she may be qualified, including but not limited to the title currently held. The laid off employee may apply for and will be interviewed and considered for such open positions for which he/she meets the requisite qualifications.
b. However, where more than one laid off employee meets the requisite qualifications for an open position, up to three laid off employees, as determined by seniority, shall be interviewed and considered.
c. Candidate selection for all open positions will be at the Employer. sole and exclusive discretion of the hiring department.
C. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be is laid off and has not been placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off Section B above shall be placed on a preferred recall list for a period of eighteen up to thirty (1830) months. Employees on During this period, a recall list laid off employee shall be responsible entitled to apply for notifying the Employer at the time of layoffany vacant URA-AFT position, and for keeping current if he/she has the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified requisite qualification and ability to perform the work shall be interviewed and considered for that position. Candidate selection for all open positions will be at the sole and exclusive discretion of the job assignment hiring department.
D. If a position within the same title within the same work unit from which the employee was laid off is restored during the thirty (30) month recall period, the employee who previously held the position shall be recalled. If more than one employee in the same title has been laid off from the same work unit they shall be recalled to those restored positions in order of seniority.
E. Upon recall to employment an employee shall retain all seniority rights and benefits prior to being laid off and shall immediately begin to accrue additional seniority for all purposes.
F. Employees hired on a 10 month basis shall not be entitled to utilize the provisions of this Article during the 2 month period during which they are recallednot employed.
SECTION 5 In G. The following shall also apply to laid off employees during the case of 30 month preferred recall period:
1. For employees rehired into a long-term layoff, the different position or recalled employee shall have seven (7) calendar days following the date pursuant to paragraph D above within 12 months of the mailing by certified mail last day of work, vacation accrual will begin with the first complete calendar month worked. Vacation allowance will be based on years of continuous employment as a regularly-appointed staff member immediately preceding layoff.
2. For employees rehired into a different position or recalled pursuant to paragraph D above within 24 months of the recall notice last day of work, any unused sick leave accrued under the former employment will be carried forward to notify the Employer of his intention be credited toward sick leave payment at retirement as well as for other authorized use.
3. For employees rehired into a different position or recalled pursuant to return to work and shall have ten (10) calendar days following the mailing date paragraph D above within 12 months of the recall notice in which to report for dutylast day of work, unless a later date for returning to work is otherwise specified in the noticethere will not be another probationary period.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoffs.
SECTION 1 When The purpose of seniority is to provide a declared policy as to the Employer determines that a long-term order of layoff and recall of employees. If an employee's position is eliminated or job abolishment is necessarythe hours are reduced, the Employer employee, if qualified, shall notify have the affected employees fourteen right to (14in this order):
(a) days fill any vacant position in advance of the effective date of employee's classification and shift (A-, B-, or C-shift) at the layoff or job abolishment. Employees will be notified of time the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWAemployee is displaced.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments (b) If there are no vacant positions, the employee will occur. Employees will be laid off within that division and assignment beginning with have the right to displace the least senior employee in the same classification and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoffshift.
SECTION 3 Any (c) If there are no employees in the same classification and shift with less seniority, the employee receiving notice will have the right to displace the least senior employee in the next lower classification and/or shift.
(d) If the employee who is proposed for layoff based on the above process is not the least senior custodianon the master seniority list, he/she will displace the least senior employee (excluding BGT and A shift lead custodians) on the master seniority list, regardless of long-term layoff shift.
(e) Senior employee, regardless of hours, shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his the right to bump the next a less senior employee within provided they are qualified. Both parties agree to define the bargaining unit, provided the person who wishes B shift and C shift in accordance with Section 4.2 without regard to bump possesses the skill, ability and qualifications to perform the work days of the assignment as determined by week. The regular A shift is a Monday through Friday schedule. The irregular A shift is any other combination of scheduled workdays. There is no 'regular' vs. 'irregular' differentiation for B or C shifts. In no event will an employee displace another employee with greater seniority. Classifications are defined as, Lead Building and Grounds Technician, Building and Grounds Technician, Lead Custodian, Custodian. For the Employerpurposes of layoff, the descending order of classifications and shifts is: Lead Building and Grounds Technician Building and Grounds Technician Lead Custodian - A shift Lead Custodian - B shift Custodian -A shift, Regular Schedule Custodian - A shift, Irregular Schedule Custodian - B shift Custodian - C shift A displaced Lead Custodian - A Shift may elect to displace an A shift custodian in lieu of a B shift custodian. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall displaced custodian may elect layoff in lieu of exercising his/her seniority rights. Reductions in the Buildings and Grounds Technician classification will be laid off made based on qualifications. The rate of pay of displaced Building and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall Grounds Technicians will be paid frozen at the rate of pay that they earned as a Building and Grounds Technician until such time that their pay in the assignment he bumps into.
SECTION 4 Employees who are laid off shall new classification exceeds their Buildings and Grounds Technician salary. If a new Building and Grounds Technician position becomes available within eighteen (18) months of layoff, the most senior displaced Building and Grounds Technician will be placed on a recall list for recalled to the new position. For a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying months from the Employer at the time date of layoff, and for keeping current if any opening occurs in the address School District, the employee with the most seniority shall have first choice to which be rehired if the position is at or lower than the employee's previous classification. Failure to accept a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have within ten (10) calendar working days following of receipt of the mailing certified mail recall notice shall result in loss of seniority rights and termination of employment. For recall purposes, seniority shall be determined by total service within the School District's Custodial Bargaining Unit. In the event of duplicate hiring dates, the date on the original School District employment form shall determine seniority. The employee with the oldest employment form date shall be considered to have the greatest seniority. Before any layoff, position elimination or reduction and before any recall, the Employer will meet with the Union ▇▇▇▇▇▇▇ to review the process. In addition, a laid off employee will be given the option of additional summer casual hours, subject to continued School District funding for such summer employment. A custodian on layoff accepting summer casual work will receive the probationary rate of pay and may not accrue additional vacation or sick leave. Such employees shall continue to receive the regular School District contribution for health, dental and life insurance during the two (2) month period of summer employment. Effective upon the date of layoff, vacation balances will be paid to the recall notice in which to report for duty, unless employee on layoff and sick leave balances will be frozen until such time as the employee accepts a later date for returning to work is otherwise specified in the noticeregular assignment.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoffs. When attrition and reassignment are insufficient or inapplicable methods of effectuating the required reduction in staff, bargaining unit members shall be laid off in accordance with the following:
SECTION 1 When (1) The Employer may lay off on a system-wide basis or may limit the Employer determines that layoff to a long-term layoff specific department or job abolishment is necessarytechnology. For the purposes of this Article, the Employer library and counseling office at each college shall notify be considered a department.
(2) In accordance with Section 1 above, the affected employees fourteen (14) days in advance order of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit members shall be as follows:
a. Part-time employees with representatives on special appointment
b. Full-time employees on special appointment
c. Part-time employees on terminal appointment
d. Full-time employees on terminal appointment
e. Part-time employees on regular appointment
f. Full-time employees on regular appointment
g. Employees on tenured appointment Layoffs in each category listed above in this section shall be based upon both the academic needs of the UMWASystem and seniority.
SECTION 2 The Employer (3) Non-bargaining unit employees in teaching, counseling, and/or librarian positions shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any except the employer may retain non-bargaining unit employees with special qualifications which cannot be readily replicated by bargaining unit employees.
a. A bargaining unit member who feels that he/she is on layoff.
SECTION 3 Any employee receiving notice qualified to teach and/or perform the job duties of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery positions in which to exercise his right to bump the next less senior employee a different department within the bargaining unit, System shall submit to the Employer a completed candidate summary form as provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee This candidate summary form shall be laid off and placed on filed by a recall listtenured bargaining unit member within ninety (90) days of a grant of tenure. An employee may only exercise bumping rights once during any layoff affecting updated candidate summary form shall be filed when the tenured bargaining unit member’s status changes; the window period for such filing shall be September 1 through November 30 of each academic year.
b. The Employer shall inform the candidate of its decision regarding the candidate’s qualification to teach and/or perform the job duties of a position in a different department within a reasonable period of time after the filing of the form, said time generally to be within sixty (60) days after the filing of a form upon a grant of tenure or sixty (60) days after the close of the annual window period.
(4) Seniority shall be defined as current, continuous service measuring from the Employee’s most recent date of appointment or most recent date of hire to a bargaining unit position. An employee who bumps pursuant Part-time bargaining unit employees shall accrue seniority without regard to the number of hours worked. Within sixty (60) days after the effective date of this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying Agreement, the Employer at shall provide the time Congress with a seniority list of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalledbargaining unit employees.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoffs.
SECTION 1 When Section 1. Whenever it is necessary because of lack of work or funds or whenever it is advisable in the Employer determines interest of economy or efficiency to reduce the working force, employees shall be laid off based on inverse order of seniority within their job classification(s) within the Division provided that a long-term layoff or job abolishment is necessarythere are senior employees who, in the Employer shall notify the affected employees fourteen (14) days in advance opinion of the effective date of County, are qualified to meet operational needs.
Section 2. An employee shall have the layoff or job abolishment. Employees will be notified of right on the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff basis of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications seniority to bump another employee within his/her own or lower rated job classification provided that the bumping employee is qualified to meet the operational needs of the County. An employee who bumps into another classification or a position in the same classification but in a different Division shall be required to serve a 120 day probationary period. An employee who fails such probationary period shall be laid off and placed on a recall list.
Section 3. An Before any bargaining unit employee may only exercise bumping rights once during is notified of his/her layoff, the County shall give the Union a minimum of thirty (30) days written advance notice of the impending layoff and provide it with the opportunity to discuss the matter and provide input.
Section 4. Affected employees shall be given a minimum of 14 calendar days advanced written notice of layoff.
Section 5. In the event an employee is laid off, he/she shall receive payment for earned but unused vacation and for any layoff affecting a positionunpaid compensatory time off no later than 14 calendar days after the effective date of layoff.
Section 6. An Recall lists shall be created for each classification for which there is an employee who bumps pursuant to this article shall be paid at was laid off. The most senior employee on the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on given classification will be recalled when a recall list shall be responsible for notifying vacancy that the Employer at County determines to fill in that classification arises provided that the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there employee is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalledwork.
SECTION 5 In the case Section 7. An employee on layoff will be given 14 calendar days’ notice of a long-term layoff, the recalled employee shall have seven (7) calendar days following recall from the date of on which the mailing by certified mail of County sends the recall notice to notify the Employer employee by certified mail to his/her last known address as shown on the County’s official personnel records. It is the obligation of his intention the employee to return keep the County advised in writing of his/her current address.
Section 8. If an employee fails to report back to work and when recalled within the 14 calendar day period stated above, his/her employment shall have ten (10) calendar days following the mailing date of the recall notice in which to report for dutybe separated, unless a later date for returning to work satisfactory excuse is otherwise specified in the noticeshown.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoffs.
SECTION 1 When A. The Employer will notify the Union and affected employees in writing of economic layoffs at least thirty days before layoffs take place, and the Employer agrees to actively explore with the Union all economic alternatives to the proposed layoffs. If after full exploration of the alternatives the Employer determines that a long-term layoff or job abolishment is necessaryto exercise economic layoffs, the Employer will first observe ▇▇▇▇▇▇▇ and Officer seniority preferences and will then use affirmative action and seniority criteria in determining Staff layoffs.
▇. ▇▇▇▇▇▇▇ & OFFICER SENIORITY: On request of the local, no more than two (2) elected Shop Stewards will be given preference at the time when layoffs take place. One elected Local Officer, upon request of the Local, will be given seniority preference at the time when layoffs take place in the Station in which he/she is employed. No more than three Stewards and Officers shall notify be subject to this provision.
C. If Employer determines economic layoffs in the affected bargaining unit are unavoidable and proposes to the Union that pay reductions be implemented to deal with the financial problems, and if employees fourteen (14) agree to such a proposal, the Employer agrees to reduce station Management salaries by the same percentage as Union Staff salaries. Management salaries shall not increase until the conditions of economic layoff are no longer in effect.
D. If the Union determines to grieve any such layoffs, it shall do so by filing a written grievance within three days in advance of after the effective date of the layoff or job abolishmentlayoffs. Employees will Any such grievance shall be notified initiated at Step 2 of the Employer’s decision grievance procedure. Employer will give individuals thirty days notice of layoffs or in lieu of such notice, thirty days pay.
▇. ▇▇▇▇-off Paid Staff are entitled to implement any shortcontinue health benefits at no cost to the Staff person for 3 (three) months, or until other comparable part time or full time employment is found, whichever occurs first. Health benefits may continue for up to 18 (eighteen) months from termination at the expense of the laid-term layoffoff Paid Staff person. SECTION XVII RECALL
A. Before hiring new employees covered by this Collective Bargaining Agreement, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request the Employer shall recall all employees on layoff within the previous one year from the UMWA agrees work area in which the vacancy exists in order of their seniority. Employer will make every effort to discuss the impact of any layoff of bargaining unit recall employees with representatives of the UMWAinto their former jobs.
SECTION 2 B. The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid laid-off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying keeping the Union and/or Employer at the time informed in writing of layoff, and for keeping his/her current the address to which a recall notice, if any, shall be sentaddress. If there is within ten days of receipt of a mailgram to return to work, such laid-off employees have not informed the station Management in writing of her/his intent to accept the recall, employees Management shall deem the person to be recalled, in no longer available. After informing the inverse order Station Manager of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his his/her intention to return to work and work, the employee shall have ten (10) calendar do so within 16 days following of receipt of recall notice. Failing to observe the mailing date of above time limitations, such employee shall forfeit all rights to any job with the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the noticeEmployer.
Appears in 2 contracts
Sources: Union Contract, Union Contract
Layoffs.
SECTION 1 When the Employer determines that a long-term layoff or job abolishment is necessary, the Employer shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoffs.
SECTION 1 9.1 When the Employer determines that a long-term layoff or job abolishment is necessary, the Employer shall notify the affected employees fourteen thirty (1430) calendar days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 9.2 The Employer shall determine in which classification(s) and which work divisions and assignments section(s) layoffs or job abolishments will occur. Employees Within each classification affected, employees will be laid laid-off within that division and assignment beginning in order of seniority with the least senior and progressing to the most senior up to the number of employees that employee laid-off first. Employees who are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff dislocated from their classification shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his the right to bump the next (displace) any less senior employee within the bargaining unitemployee, provided the person who wishes to bump possesses the skill, ability and qualifications bumping employee is qualified to perform the work duties of the assignment as determined by the Employer. Any employee who chooses not classification to which he or she desires to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid displaced by this process shall have, in turn, the right to bump (displace) less senior employees in like manner, should any exist.
9.3 Laid-off employees shall be placed on a have recall list rights for a period of eighteen up to twenty-four (1824) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recallrecall within the classification from which the employee was laid-off, employees remaining on the recall list shall be recalled, recalled in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified qualify to perform the work of the job assignment to which they are recalledwithout further training or certification.
SECTION 5 In 9.4 Notice of recall shall be sent to the case of a long-term layoffemployee by registered mail. The Employer shall be deemed to have fulfilled its obligation by mailing the recall notice by registered mail, return receipt requested, to the last mailing address provided by the employee.
9.5 The recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of receiptof the recall notice to notify the Employer of his his/her intention to return to work and shall have ten fourteen (1014) calendar days following the mailing date receipt of the recall notice in which to report for duty, unless a later different date for returning to work is otherwise specified in the notice. Failure to return in fourteen (14) calendar days forfeits recall rights by the employee.
9.6 No new employees within a classification shall be hired until all laid-off employees within that classification having recall rights are recalled. Substitutes replacing regular employees off on approved leave are exempt from this prohibition. Failure to return in fourteen (14) calendar days forfeits recall rights by the employee.
9.7 Employees on layoff shall be given preference for substitute work in their classification. In the event that they decline an offer to work when called as a substitute on three (3) separate occasions while on layoff status, they shall lose such preference, unless illness is the reason for declining to work and such illness has been verified in writing by a physician. The three (3) days may be waived by the Superintendent. Employees accumulate no benefits while working as a substitute employee.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoffs.
SECTION 1 When A department head may lay off an employee in the Employer determines that a long-term service to the Town by reason of shortage of work and/or funds abolition of the positions, other material changes in the organization, or for other reasons beyond the employee's control and which do not reflect discredit upon the service of an employee. A department head shall give written notice to the employee of any proposed layoff or job abolishment is necessary, the Employer shall notify the affected employees fourteen (14) days in advance of and reasons therefore two weeks before the effective date of the layoff or job abolishmentaction. Employees will A copy of such notice shall be notified of filed with the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possibleTown Administrator and a copy shall be filed in the employee's personnel folder. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be An employee who is laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to shall be laid off. All temporary, intermittent, probationary, and permanent considered a priority part-time employee and shall be afforded the opportunity to fill open shifts which develop within the regular schedule before such opportunity is offered to other employees, subject to departmental rules and regulations and provisions of this contract relating to the amount of time an employee may work within a 24-hour period and other applicable provisions. This priority status shall be granted during the division and assignment designated period of an employee's layoff until such employee has worked a total of 40 hours per week at which time, for lay offthe remainder of that week, will open shift assignments shall be filled pursuant to the rotational system described elsewhere within this contract. Nothing in this provision shall be interpreted to force the employer to fill all open shifts and, in fact, the right of the employer to leave open shifts unfilled for economic or other reasons is specifically recognized. In the event that two or more employees are laid off before the opportunity for priority assignments shall be rotated among those employees. Layoffs shall be in the order of reverse seniority among bargaining unit members. All such Layoffs shall be considered temporary for a period of 12 months during which time laid off employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice have a right of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee recall should regular employment become available within the bargaining unit, provided the person who wishes to bump possesses the skill, ability . After 12 months a layoff shall be considered permanent and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another an employee shall be laid off and placed on a recall listhave no such right of recall. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for Further, after a period of eighteen (18) months12 months the employees’ right for priority treatment for the assignment of open shifts shall terminate as the employee shall no longer be considered a police officer for the Town of Goffstown. Employees on a recall list shall be responsible for notifying recalled in the Employer at the time reverse order of layoff, and . To be eligible for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, or for part-time employment as described above employees shall be recalledmaintain all necessary certifications and shall, in further, keep the inverse order employer fully advised of their layoff, current address and telephone number. A laid off employee being offered the opportunity to fill an open shift must respond immediately and affirmatively upon being contacted by the same assignment from which they were laid off, provided they are presently qualified employer. Failure to perform the work do so will result in forfeiture of the job assignment right to which they are recalled.
SECTION 5 fill that specific shift. In the case of event that the employer is unable to reach the employee after a long-term layoffreasonable effort, the recalled employee shall have seven (7) calendar days following employer may offer the date of the mailing by certified mail of the recall notice open shift to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the noticeanother employee.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoffs. 5.1 Bargaining unit employees may be laid off due to adverse financial circumstances; reallocation of resources; reorganization of administrative structures, programs, or functions; curtailment or abolishment of one or more programs or essential function; or shortage of work.
SECTION 1 When 5.2 In the Employer determines that a long-term layoff or job abolishment is necessaryevent of layoff, temporary employees (formerly referred to as OPS employees) within the Employer shall notify same classification as the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed first, followed by bargaining unit employees on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalledprobation, in the inverse order of their layoffseniority. Remaining bargaining unit employees will be laid off in the inverse order of seniority.
5.3 Seniority” will be defined as continuous service within the job code in which the layoff will occur. Temporary service (e.g., as an FIU OPS employee) held by a bargaining unit employee shall not be counted toward seniority.
5.4 If more than one bargaining unit employee has the same seniority, the following factors shall be considered to determine which bargaining unit employee will be laid off first:
(a) Training, relevant experience and position (including certifications and academic degrees)
(b) The nurse’s overall performance/disciplinary record during the past 24 months.
5.5 The University shall notify FNA on the same day following the notification to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalledbargaining unit employee(s).
SECTION 5 In the case 5.6 The bargaining unit employee shall be given a notice period of four(4) weeks after one year of employment, plus two (2) weeks for every year thereafter, up to a longmaximum of twelve (12) as wages in lieu of notice.
5.7 As determined by FIU, layoffs may be confined to a department(s) or any other organizational subdivision of FIU.
5.8 The laid-term layoff, the recalled off bargaining unit employee shall have seven recall right to the positions that the bargaining unit employee held prior to being laid off within the bargaining unit if the position is available and if that employee qualifies for that position. Recall rights are limited to one (71) calendar days year following the date of layoff. During this period, no new bargaining unit employee will be hired by the mailing by certified mail of layoff unit for the position that the affected bargaining unit employee has previously held until the laid-off bargaining unit employee has been offered and rejected the recall. Should the bargaining unit employee that was laid-off reject the recall notice to notify the Employer of his intention position, that person shall not be eligible for any future recall positions and shall have waived his/her recall right thereafter.
5.9 Any bargaining unit employee offered recall at his/her last known address must contact FIU and agree to return to work and shall have ten within twenty-one (1021) calendar days following the mailing date of the or forfeit all recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the noticerights.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoffs.
SECTION 1 When 23.1 Whenever it is necessary or advisable for the Employer determines that a long-term layoff to reduce the size of the workforce (whether due to lack of work, lack of funds or job abolishment is necessaryother reasons), the Employer shall notify may lay off employees based on the affected employees fourteen (14) days in advance of employees' ability to perform the effective date of available work and the layoff or job abolishment. Employees will be notified needs of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The EmployerEmployer shall layoff less senior employees before laying off employees with more seniority. The Employer shall have the right to use its reasonable discretion in evaluating the foregoing factors when decisions are made concerning layoffs; provided, upon request from however, that part- time, temporary, casual, seasonal, contractual (contractual means individuals who are not employees but who are hired as independent contractors to perform bargaining unit work in the UMWA agrees classification subject to discuss layoff), and probationary employees shall be laid-off before regular, full- time employees. During the impact of time that any layoff of bargaining unit employees with representatives are on layoff, the Employer may only employ transitional employees in the classifications of the UMWAreceptionist or administrative assistant.
SECTION 2 23.2 Any Employee who is laid off pursuant to Paragraph 23.1 of this Article shall have the right to "bump" any less senior employee in any job position, provided the laid-off employee meets the minimum and preferred qualifications to perform such job. Any employee who elects to "bump" a less senior employee shall be paid the same amount as was being paid to the bumped employee.
23.3 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing provide notice to the most senior up to the number Union President of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have impending layoffs at least five (5) calendar work-days following receipt by personal service or certified mail delivery in which prior to exercise his right notifying the employee(s) and, upon request, shall meet with the Union President to bump review the next less senior employee within the layoff and bumping process as it affects bargaining unitunit staff.
23.4 Whenever possible, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another an employee shall be laid off and placed given a minimum of two (2) weeks advance notice of a layoff.
23.5 In the event an employee is laid-off, s/he shall receive payment on a recall list. An employee may only exercise bumping rights once during pro-rata basis for any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen earned, but unused, vacation as quickly as practicable, no later than thirty (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (730) calendar days following after the date of the mailing by certified mail of the recall notice layoff.
23.6 The Employer shall not use part-time, temporary, seasonal, contractual, transitional, casual or substitute personnel to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless replace a later date for returning to work is otherwise specified in the noticeUnion member on layoff.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Layoffs. A. The word "layoff'' means a reduction in the working force.
SECTION 1 When the Employer determines that B. If it becomes necessary for a long-term layoff or job abolishment is necessarylayoff, the Employer shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees following procedure will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possiblemandatory. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions Temporary and assignments layoffs or job abolishments will occur. Employees seasonal will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid offfirst. All temporary, intermittent, probationary, and permanent part-time employees, Probationary Employees within the division and assignment designated for lay off, affected seniority group will be second, then, other Employees in the group by lowest to highest seniority. A qualified seniority Employee will have bumping rights within her/his seniority group first. If the laid off before bargaining unit membersEmployee is unable to exercise seniority in her/his own seniority group, she/he may then displace an Employee with lesser seniority in the other seniority group, if minimum qualifications are met and she/he can perform the work in the other seniority group. All such employees shall remain Bumping must be requested in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have writing at least five (5) calendar days following receipt by personal service or certified mail delivery in which from the effective date of layoff. In no instance shall the Employer be obligated to exercise his right promote an Employee instead of laying off said Employee.
C. Employees to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a an indefinite period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer time will have at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have least seven (7) calendar days following days' notice of layoff. The Chapter Chair of the Local Union shall receive a list from the Township of the Employees being laid off on the same date the notices are issued to Employees.
D. An Employee's seniority shall accrue during layoff. During a layoff, no fringe benefits will accrue to the employee except that the period of the layoff will be added to the employee's years of service when calculating longevity upon a return to work. In no event shall a layoff exceed two (2) years. In the event an employee is not recalled to work within two (2) years from the date of layoff his/her employment will be terminated. Thirty (30) days prior to the mailing employee losing seniority the Employer will send by certified mail notice that he/she will lose seniority and will be terminated. If the Employee wished to reimburse the pension fund for the contribution the Township would have made (except for the layoff) during the period of layoff, retirement benefits shall accrue for the recall notice to notify the Employer of his intention to return to work and layoff period.
E. No regular full-time Employee shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified be laid off while temporary or seasonal Employees remain working in the noticesame seniority group.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoffs. If the procedure set forth in Section 19.01 does not satisfy the surplus condition the Company may move to layoff. The Company will discuss with the Union the plan for the declared surplus following the Company’s written notice. The force adjustment procedures herein shall not preclude limited, mutually agreed upon Union- Management modifications. Any such modifications will apply on a one-time basis and will not serve as a precedent for other current or future force surplus adjustment procedures. Absent an alternative agreement, work force adjustments shall be made as provided in this section: The Company will provide the Union with a complete listing by State of all covered employees, noting their job title, seniority, location and where the reductions are needed, before instituting such layoffs.
SECTION 1 When a. Prior to any layoffs, all vendors and outside contractors of the Employer determines that a long-term layoff or Company will be removed from the AT&T Project in the affected job abolishment is necessarytitles, and subsequently all Temporary employees will be separated from the payroll before regular employees are laid off.
b. If the above does not relieve the conditions requiring layoffs, the Employer Company will solicit and consider volunteers in seniority order within the impacted State(s) and line of business over a six (6) working day period.
c. If the above does not relieve the conditions requiring layoffs, the Company shall notify layoff regular full-time employees by inverse order of seniority by job title within the affected Local Union's jurisdiction within each State. Senior Facility Engineers, Lead Engineers and Facility Engineers, and Facility Mechanic/Trainee(s) shall be considered employees fourteen (14) days in advance of the effective date same combined job title, independent of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWABuilding Automation Specialists.
SECTION 2 The Employer shall determine in which work divisions d. Once all placements to open positions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to volunteers for layoff have been identified, the most senior up to the number of impacted employee and any less senior employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated State will then have the ability to bump in seniority order into any of the remaining open positions within their State, less those assigned to TSO facilities who are not directly impacted by the layoff, or elect to volunteer for lay off, layoff at that time. These impacted employees will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice provided a list of long-term layoff shall have five available positions and will be given six (56) calendar working days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unitrank their choices, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalledwill be placed in seniority order. Employees who select positions outside of a commutable distance (35 miles) from their current home must be prepared to relocate as needed and will be provided the relocation benefits outlined in Article XXI. Senior Engineers will be allowed to retain their title and pay level in their new assignment. Lead Engineers will be allowed to retain their pay level, but as a Senior Engineer.
SECTION 5 In e. Any employee in the case service of the Employer continuously for one (1) year or more who is laid off due to job elimination, technological improvements or the closing of a long-term layoff, the recalled employee building shall have the option of receiving a severance allowance of one week's pay for each full year of Company service to a maximum of seven (7) calendar days following week’s pay. Accepted volunteers under Section 19.02 (b) will also be eligible for this severance allowance. Upon acceptance of severance pay, the date employee shall be deemed to have waived all future rights of employment with the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work employer and shall have ten (10) calendar days following the mailing date of the recall notice in which be terminated. The Company will consider volunteers by seniority before moving to report for duty, unless a later date for returning to work is otherwise specified in the noticelayoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoffs.
SECTION 1 When the Employer determines that (A) Layoffs and displacements may occur as a long-term layoff result of lack of funds and/or lack of work or job abolishment is necessaryor job redesign. In any such event, layoff and recall will be in accordance with the Employer shall notify Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible.
(B) The City will provide CODE with a copy of the affected employees fourteen (14) “Layoff Statement of Rationale” at least 30 days in advance of prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or job abolishmentdisplacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission.
(C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position.
(D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be notified displaced. Employees who promoted from AFSCME into a CODE classification may displace (“bump”) a less senior AFSCME employee if:
1. They were promoted out of AFSCME within the Employerlast 48 months, and
2. They meet the qualifications for the position. Those employees who have been promoted out of AFSCME for more than 48 months cannot “bump” an AFSCME-Division 1 employee, but can fill any vacant position at the same or lower level citywide based on retention points, provided the employee meets the qualifications contained in the job description for the position. Employees who are relocated into Division 1 classification series employment positions as a result of layoff or displacement will be granted no greater entitlement with regard to any future layoffs or displacement. In no case will an employee “bump” another employee with more retention points.
(E) When an employee is laid off, he or she will receive all wages due including, at the employee’s decision option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff.
(F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possiblenotify the other party of their objection. The Employerparties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, upon request from the UMWA then state law prevails.
(G) The City agrees to discuss provide CODE representatives a minimum of sixty (60) days notice and the impact of opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of bargaining unit employees with representatives of the UMWACODE members.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoffs.
SECTION 1 When Two (2) week's notice of layoff shall be given to the Employer determines that a long-term employee(s) so affected and to the Union. Should it become necessary to layoff or job abolishment is necessaryemployees, the Employer shall notify State will make every reasonable effort to place these employees in comparable vacant positions within State service. If such placements are not available, the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off personnel shall be placed on a recall list for a period of eighteen (18preferential re- employment list. An employee whose job has been abolished and/or who has been laid-off shall have the right to bump as follows:
1) months. Employees A laid off employee must bump the least senior employee on a recall list shall be responsible for notifying the Employer at the time of layoffhis/her shift, in his/her individual unit, and for keeping current in his/her status. (For the address to which a recall notice, if any, shall be sentpurposes of Article 10.6 status means full time or part time.) If there is no such employee:
2) A laid off employee may elect any of the following options within their individual unit:
a) Bump least senior employee on the same shift other status
b) Bump least senior employee on other shifts same status
c) Bump least senior employee on other shifts other status. If there is a recallno such employee, employees the procedures in 10.6(3) shall be recalled, in the inverse order of their layoff, to the same assignment from which they were apply.
3) A laid off, provided they are presently qualified to perform the work off employee may elect any of the job assignment to which they are recalledfollowing options:
a) Bump least senior member of the bargaining unit same shift other status
b) Bump least senior member of the bargaining unit on the other shifts same status
c) Bump least senior member of the bargaining unit on the other shifts other status.
SECTION 5 In d) Bump the case least senior member of a long-term layoff, the recalled bargaining unit same shift same status A bumped employee shall have seven (7) calendar days following the date same rights as a laid off employee. Laid off employees who have permanent status in more than one classification shall exercise bumping rights in accordance with the foregoing first using their primary classification. If they are unable to bump using primary classification, they may exercise bumping rights in accordance with the foregoing using their secondary classification. The parties agree to make expedited arbitration without going through grievance procedure, the exclusive procedure for resolving disputes over layoff, bumping and recall. Individual units shall be: Division of Developmental Disabilities, ▇▇▇▇▇▇▇▇▇ Hospital, Veteran's Home, URI, RIC, CCRI, Department of Human Services, and the mailing by certified mail Department of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the noticeEducation.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Layoffs. When attrition and reassignment are insufficient or inapplicable methods of effectuating the required reduction in staff, bargaining unit members shall be laid off in accordance with the following:
SECTION 1 When (1) The Employer may lay off on a system-wide basis or may limit the Employer determines that layoff to a long-term layoff specific department or job abolishment is necessarytechnology. For the purposes of this Article, the Employer library and counseling office at each college shall notify be considered a department.
(2) In accordance with Section 1 above, the affected employees fourteen (14) days in advance order of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit members shall be as follows:
a. Part-time employees with representatives on special appointment
b. Full-time employees on special appointment
c. Part-time employees on terminal appointment
d. Full-time employees on terminal appointment
e. Part-time employees on regular appointment
f. Full-time employees on regular appointment
g. Employees on tenured appointment Layoffs in each category listed above in this section shall be based upon both the academic needs of the UMWASystem and seniority.
SECTION 2 The Employer (3) Non-bargaining unit employees in teaching and non-teaching administrative positions shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any except the employer may retain non-bargaining unit employees with special qualifications which cannot be readily replicated by bargaining unit employees.
a. A bargaining unit member who feels that he/she is on layoff.
SECTION 3 Any employee receiving notice qualified to teach and/or perform the job duties of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery positions in which to exercise his right to bump the next less senior employee a different department within the bargaining unit, System shall submit to the Employer a completed candidate summary form as provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee This candidate summary form shall be laid off and placed on filed by a recall listtenured bargaining unit member within ninety (90) days of a grant of tenure. An employee may only exercise bumping rights once during any layoff affecting updated candidate summary form shall be filed when the tenured bargaining unit member’s status changes; the window period for such filing shall be September 1 through November 30 of each academic year.
b. The Employer shall inform the candidate of its decision regarding the candidate’s qualification to teach and/or perform the job duties of a position in a different department within a reasonable period of time after the filing of the form, said time generally to be within sixty (60) days after the filing of a form upon a grant of tenure or sixty (60) days after the close of the annual window period.
(4) Seniority shall be defined as current, continuous service measuring from the Employee’s most recent date of appointment or most recent date of hire to a bargaining unit position. An employee who bumps pursuant Part-time bargaining unit employees shall accrue seniority without regard to the number of hours worked. Within sixty (60) days after the effective date of this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying Agreement, the Employer at shall provide the time Congress with a seniority list of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalledbargaining unit employees.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoffs.
SECTION 1 When the Employer determines that (A) Layoffs and displacements may occur as a long-term layoff result of lack of funds and/or lack of work or job abolishment is necessaryor job redesign. In any such event, layoff and recall will be in accordance with the Employer shall notify Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible.
(B) The City will provide CODE with a copy of the affected employees fourteen (14) “Layoff Statement of Rationale” at least 30 days in advance of prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or job abolishmentdisplacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission.
(C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position.
(D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be notified displaced. Employees who promoted from AFSCME into a CODE classification may displace (“bump”) a less senior AFSCME employee if:
1. They were promoted out of AFSCME within the Employerlast 48 months, and
2. They meet the qualifications for the position. Those employees who have been promoted out of AFSCME for more than 48 months cannot “bump” an AFSCME-Division 1 employee, but can fill any vacant position at the same or lower level citywide based on retention points, provided the employee meets the qualifications contained in the job description for the position. Employees who are relocated into Division 1 classification series employment positions as a result of layoff or displacement will be granted no greater entitlement with regard to any future layoffs or displacement. In no case will an employee “bump” another employee with more retentionpoints.
(E) When an employee is laid off, he or she will receive all wages due including, at the employee’s decision option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff.
(F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possiblenotify the other party of their objection. The Employerparties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, upon request from the UMWA then state law prevails.
(G) The City agrees to discuss provide CODE representatives a minimum of sixty (60) days notice and the impact of opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of bargaining unit employees with representatives of the UMWACODE members.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs. 10.01 The Employer shall consider the following factors in determining which employees are to be laid off or recalled as the case may be:
SECTION 1 When a. seniority;
b. the Employer determines that requirements and efficiency of operations;
c. the skill and ability of the individual to perform the normal required work. When, in the judgement of the Employer, which judgement shall not be unreasonably exercised, the factors listed above being relatively equal as between two (2) or more employees, the employee with the greatest seniority will be the last to be laid off and conversely the first to be recalled from layoff.
a. The Employer, whenever possible, shall give the Union and the employees concerned six (6) weeks notice of intention to lay off employees when the layoff is expected to be permanent or long term (in excess of thirteen [13] weeks duration). Such notice to the Union is not in addition to the notice provided to employees. Length of notice to individual employees shall be in accordance with the Employment Standards Act. Employees with nine (9) years seniority or greater shall be provided with one (1) additional weeks notice for each year of seniority, to a long-term layoff or job abolishment is necessarymaximum of twelve (12) weeks notice.
b. Subject to the operations of the Home, the Employer shall notify meet with the affected employees fourteen (14) days in advance Union to discuss ways to minimize the effect on regularly scheduled positions, where this can be reasonably accommodated within the work schedule and the operations of the effective Home.
c. Where an employee was forced to bump outside her classification to maintain her hours, she will have the option of returning to her original classification before an employee is recalled from layoff or a new position is added to the classification.
10.03 When recalling an employee after layoff, she shall be notified by registered mail or telegram and allowed six (6) calendar days to report for work, and in the meantime if an employee is recalled and is not immediately available for work, other employees in seniority standing shall be recalled but shall be temporarily employed until the senior employee reports within the four day period. An employee receiving a registered letter or telegram in accordance with this Article must contact the Employer within forty eight (48) hours of receipt of the notice to return to work if she wishes the Employer to hold the job open for her for the full four (4) day period. It shall be the employee's responsibility to keep the Employer notified as to any change of address or telephone number so that they will be up to date at all times.
10.04 An employee whose position is subject to layoff or reduction of hours shall have the right at the employee’s option to:
a. Accept the layoff or job abolishment. Employees will be notified reduction; or
b. Displace an employee who has lesser seniority provided that such a position exists on any shift which is equal or less than their regularly scheduled position; or
c. Displace an equal or lesser number of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request shifts from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, junior employee within the division same classification and assignment designated for lay off, shift. An employee will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which written notification to exercise his right indicate their choice. Failure to bump the next less senior employee indicate within the bargaining unitabove time limits will be deemed to mean that the layoff or reduction is accepted.
10.05 No new employee shall be hired until all those fully laid off have been given an opportunity to return to work and have failed to do so, provided or in accordance with the person who wishes to bump possesses the skillloss of seniority provisions under Article 9.05e. or, ability and qualifications have been found unable to perform the work of the assignment as determined by the Employeravailable.
10.06 Laid off employees shall be entitled to one (1) bump. Any If an employee who chooses not to bumpbumps an employee holding a temporary position, or who does not possess sufficient skill, ability or qualifications to bump another such employee shall be laid off and placed on once the temporary vacancy has expired.
10.07 Any grievance with respect to a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at taken up under the rate grievance procedure within five (5) working days after the commencement of the assignment he bumps intolayoff but no later. The parties can agree to an extension of time frames.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Collective Agreement
Layoffs.
SECTION 1 When a. No less than thirty (30) days before any layoffs are effected, with the Employer determines that a long-term layoff or job abolishment is necessaryexception of layoffs made necessary by some action of the Town Meeting, the Employer town shall notify advise the affected employees fourteen (14) days in advance union of the effective reasons and the anticipated scope of any layoffs. The town will confer with the union in good faith for the purpose of seeking alternative solutions to the contemplated layoffs. Should it become obvious to the town that no agreement is possible, then the layoffs may proceed.
b. Should the town become able to fill a vacant position covered by this agreement, the position shall initially be offered to all former members of the bargaining unit who were laid off for budgetary reasons during the thirteen month period preceding the planned hiring date. These former employees shall form an applicant pool from which the position will be filled, subject to the conditions outlined elsewhere in this agreement.
c. Recall notifications shall be by certified letter to the last known address of the former employee. Former employees who have not responded in writing within two weeks of the date of mailing of the recall notice shall be deemed to have abandoned all claim to hiring preference. The rehiring of recalled employees may be conditional upon the taking and passing of a standard entrance physical examination.
d. Recalled and rehired members of the bargaining unit who have returned to duty within thirteen months of their layoff shall retain their seniority and any rights which inure to it. For the purpose of this section, the period of time of the layoff shall be considered to be “time worked” during the determination of departmental seniority or job abolishment. Employees will be notified classification seniority.
e. Layoffs of members of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives within a classification shall occur to members of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning unit with the least senior and progressing classification seniority first.
f. A laid off member of the bargaining unit shall be deemed to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationaryhave terminated on a favorable basis, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate for all accrued vacation hours times that employee’s base hourly wage, and for five-tenths (0.5) of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) monthsaccrued sick leave hours times the base hourly wage. Employees on a recall list recalled under the provisions above shall have the lost (unpaid 1/2) sick leave reinstated; provided that any employee accepting such reinstatement of forfeited sick leave, then separating from town employment for any reason during the next twelve months, shall not be responsible permitted to receive cash for notifying the Employer any of that reinstated accrued sick leave at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalledseparation.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs. A. The Employer may lay off any employee because of discontinuance of a position, lack of work, financial limitations, or as otherwise necessary to manage its affairs properly. An employee being laid off due to a reduction in force shall be given written notice of the layoff fourteen (14) calendar days prior to the layoff.
SECTION 1 When B. Employees shall be laid off on the basis of seniority. Seniority shall be defined for layoff-recall as the employee's most recent date of hire with the Employer determines in the classification of Corrections Officer. In no event shall the use of seniority in layoffs affect the Employer's managerial responsibility to maintain a staff of two Corrections Officers (one male and one female) on duty twenty-four (24) hours per day in the RRVJC and the Corrections Center Building.
C. No new employee shall be employed by the Employer to work as a Youth Counselor or C01Tcctions Officer while a qualified employee within that classification is laid off, unless the procedure hereafter specified is followed. Employees laid off shall be reinstated in inverse order in which the employees were laid off within the classification.
D. A laid off employee shall have the laid off employee's name, address, and telephone number to which any contact or notice of reinstatement or availability of position can be made with the Employer at the main office.
E. In the event of a long-term layoff or job abolishment is necessaryrecall, the Employer shall notify reinstate employees in the affected inverse order in which the employees fourteen (14) days in advance were laid off. The Employer may malce the initial contact notifying a laid off employee of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possiblerecall by telephone. The Employer, upon request from Employer may contact by telephone sufficient employees on the UMWA agrees seniority list to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 fulfill its manpower requirements. The Employer shall determine in which work divisions and assignments layoffs also mail any notice of recall or job abolishments will occur. Employees will be reinstatement to the laid off employees. The laid offemployee shall have fifteen (15) days from the date of mailing of such notice to accept the re employment opp01iunity. Failure to reply within that division such fifteen (15) day period shall constitute a waiver and assignment beginning with forfeiture by the least senior and progressing employee of any right to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationaryre-employment, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be dropped from the seniority list permanently. An employee's written response to a notice of recall reinstatement shall take precedence over telephone contacts. Proof of depositing in the United States mails notice of reinstatement shall be sufficient to discharge the Employer's duty to notify the laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant employee.
F. In the event it becomes necessary to this article lay off employees or reduce hours, the reduction shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoffseniority provided that full-time employees shall have preference over part-time employees.
G. Reinstatement rights shall automatically cease one (1) year from the date lay off was commenced, and no further right to reinstatement shall exist thereafter, and the employee shall be dropped from the seniority list permanently.
H. If there is a laid-off employee in any job classification, the laid-off employee only has rights to a vacancy in the same assignment from which they were laid off, provided they are presently qualified to perform job classification that the work of the job assignment to which they are recalled.
SECTION 5 In the case of a longlaid-term layoff, the recalled off employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.was last working Ill.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs. 15.01 When reducing the work force or recalling employees, the same shall be done on the basis of seniority in accordance with 15.02 or 15.03 whichever is applicable.
SECTION 1 (a) Employees who are laid off, because of a layoff of less than three (3) months shall be entitled to exercise their seniority to retain employment by bumping into a lateral or junior rated position other than in-scope lead position providing, they have the necessary qualifications to do the job being bumped into. Employees will have a time frame of seven (7) days commencing from the notice of layoff to decide whether they want to exercise their right. Employees who accept the layoff will be placed on a layoff list eligible for recall.
(b) Upon return to operations, employees who were laid off, including those who bumped, will be recalled to their former position within the three (3) month layoff period.
(c) It is understood that this Article does not apply to any casual or seasonal employees.
(a) Employees who are laid off, because of a layoff of more than three (3) months shall be entitled to exercise their seniority to retain employment by bumping into any position other than in-scope lead position providing, they have the necessary qualifications to do the job being bumped into. Employees will have a time frame of seven (7) days commencing from the notice of layoff to decide whether they want to exercise their right. Employees who accept the layoff will be placed on a layoff list eligible for recall.
(b) Employees who exercised their bumping rights in accordance with 15.03(a) shall have the right to be recalled to their former position or retain their current position.
(c) It is understood that this Article does not apply to any casual or seasonal employees
15.04 Employees on layoff shall ensure that the Employer has their current address and telephone number throughout their layoff period.
15.05 When the Employer determines that a long-term layoff or job abolishment is necessaryrecalls an employee who has been laid off, it shall attempt to notify the employee by phone. If contact cannot be made by telephone, the Employer shall notify the affected employees fourteen employee by registered letter addressed to that employee's last known address. Nothing in this Article shall preclude the Employer from filling a vacancy temporarily while waiting for the employee to report to work. If an employee does not report within two (142) days weeks, the Employer shall automatically move to the next senior employee. If an employee does not report within two (2) weeks, seniority will be broken and employment terminated.
15.06 The Union and the Employer agree that a reduction in advance hours could constitute a layoff, however for the purpose of invoking the notice provisions in Article 15.07, it is agreed that there would have to be a break in employment of six (6) days. The Employer also agrees that although pool shutdown does not generally create a break in employment of six (6) days, they will give notice of the effective date date(s) of the layoff or job abolishment. Employees will be notified of the Employer’s decision pool shutdown to implement any short-term layoff, lasting seventy-two all employees at least one
(721) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees month before it is scheduled to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWAoccur.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are 15.07 If an employee, who has been employed for over three (3) calendar months, is to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay laid- off, will be laid off before bargaining unit members. All such employees shall remain the Employer must give that employee at least:
(a) One (1) week written notice or pay in layoff status while any bargaining unit member lieu of notice, if his/her period of employment is on layoff.less than one (1) year, but more than three (3) months;
SECTION 3 Any employee receiving (b) Two (2) weeks written notice or pay in lieu of long-term layoff shall have notice, if his/her period of employment is one (1) year or more, but less than three (3) years;
(c) Four (4) weeks written notice or pay in lieu of notice, if his/her period of employment is three (3) years or more, but less than five (5) calendar days following receipt by personal service years;
(d) Six (6) weeks written notice or certified mail delivery pay in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work lieu of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if anyhis/her period of employment is five (5) years or more, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have but less than ten (10) calendar days following the mailing date years;
(e) Eight (8) weeks written notice or pay in lieu of the recall notice, if his/her period of employment is ten (10) years or more. No written notice or pay in which to report for dutylieu of notice is required, unless a later date for returning to work if his/her period of employment is otherwise specified in the noticeless than three (3) months.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When 26.01 Layoffs shall be made in the Employer determines that a long-term layoff or job abolishment is necessary, the Employer shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff reverse order of bargaining unit seniority, provided the remaining employees with representatives of are qualified to perform the UMWA.
SECTION 2 work. The Employer shall determine least senior employee(s) in which a work divisions and assignments layoffs or job abolishments will occurunit that is losing positions has the right to transfer into a vacancy created by the actual layoff. Employees will be laid off within that division and assignment beginning with For example, if the least senior and progressing to member of the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain is in the Electrical Unit but the position loss which necessitated the layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less Warehouse Unit, the least senior employee within in the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications Warehouse Unit if qualified to perform the work of assigned to the assignment as determined by position in the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee Electrical Unit shall be laid off transferred and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the wage rate of appropriate to the assignment he bumps intonew position. If the employee elects not to accept the transfer the employee will be subject to layoff.
SECTION 4 Employees who are 26.02 The District shall confer with the Union prior to issuance of any notices of layoff to employees covered by this Agreement.
26.03 This clause shall not apply to the discharge section. All regular full-time employees being laid off shall be placed on a recall list for a period of eighteen given two (182) months. Employees on a recall list weeks’ notice or two (2) weeks’ pay prior to such layoff.
26.04 An employee laid off shall be responsible for notifying offered the Employer first job opportunity within the other work units before a new hire, provided the employee is qualified to perform the work. If a laid off employee is offered a job opportunity within this bargaining unit at the same range as the position the employee left and the employee rejects the offer, all recall rights are terminated. Returning employees shall be placed at the same step as occupied at the time of lay-off. This job opportunity shall not apply to the discharge section.
26.05 Employees who had medical benefits at time of layoff, and for keeping current the address who are recalled to which a recall notice, if anymedical benefit eligible position, shall be sent. If there is a recall, employees shall be recalled, in receive benefit coverage on the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work first day of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days month following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to their return to work from layoff status.
26.06 Seniority may be terminated and the District-employee relationship shall have ten be severed by the following conditions:
1. Proper discharge;
2. Layoff of twelve (1012) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.months’ duration;
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When the Employer determines that (A) Layoffs and displacements may occur as a long-term layoff result of lack of funds and/or lack of work or job abolishment is necessaryor job redesign. In any such event, layoff and recall will be in accordance with the Employer shall notify Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible.
(B) The City will provide CODE with a copy of the affected employees fourteen (14) “Layoff Statement of Rationale” at least 30 days in advance of prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or job abolishmentdisplacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission.
(C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position.
(D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will bedisplaced. In no case will an employee “bump” another employee with more retention points.
(E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be notified made no later than the pay period after the layoff.
(F) In the event of any changes in state law affecting this Article 10, the Employer’s decision changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possiblenotify the other party of their objection. The Employerparties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, upon request from the UMWA then state law prevails.
(G) The City agrees to discuss provide CODE representatives a minimum of sixty (60) days notice and the impact of opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of bargaining unit employees with representatives of the UMWACODE members.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When 10.3.1 In reducing the Employer determines that a long-term layoff or job abolishment is necessarynumber of employees, the Employer University shall notify determine the number of positions and types of positions that will be reduced. Reductions shall be made based on the needs of the organization as determined by the University.
10.3.2 The University will provide an affected employees employee with not less than fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact calendar days’ notice of any layoff of bargaining unit employees with representatives of the UMWAor pay in lieu thereof.
SECTION 2 The Employer 10.3.3 If the University implements layoffs, the determination of which employees shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off will be first based on the employees’ skills and qualifications.
10.3.4 When the University determines that these factors are substantially equal, seniority shall be used in determining which employees within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to same classification in a department will be laid off. All temporaryWhen seniority is the determining factor, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee layoffs shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to seniority by department classification. The last employee hired into a department within a single job classification title shall be the same assignment from which they were first employee laid off.
10.3.5 The University will not change a job classification title to avoid the layoff process provided in this Article.
10.3.6 If a position is open during the 14-day notice period for which an affected employee is qualified, provided they are presently shall be considered a “qualified internal candidate” for the purposes of Article 8 for a current vacant position.
10.3.7 Temporary or contract employees shall not be used to perform the normal job duties on a regular basis (greater than six (6) months) of a regular employee who is on layoff. Student employees who remain employed after a bargaining unit layoff will not be expected to perform the majority of the work of the job assignment to which they are recalleda bargaining unit position.
SECTION 5 In the case 10.3.8 Employees on layoff status shall retain recall rights for a maximum of a long-term layoff, the recalled employee shall have seven twelve (712) calendar days following months from the date of the mailing by certified mail layoff. Employees shall be recalled from layoff in the reverse order of layoff based on the needs of the University. Employees recalled from layoff will be given fourteen (14) calendar days’ notice of the recall via e- mail and U.S. Mail. Within forty-eight (48) hours of the notice being sent, the employer will also call an employee who is notified of a recall opportunity to notify ensure receipt of the Employer email/U.S. Mail notices. Employees on recall status must provide the University with their most current email, phone number, and mailing addresses.
10.3.9 In the event that a recalled employee fails to make themselves available for work at the end of his intention the 14-day period, the employee shall lose the right to return be recalled to work their former position.
10.3.10 Any employee may elect to take a voluntary layoff out of inverse seniority order and shall be considered as laid-off for purposes of unemployment compensation.
10.3.11 No vacant or new jobs will be filled by outside applicants if there are qualified laid-off employees who apply for a posted job within the 12-month recall period. Open positions will be posted internally and externally so that they may be viewed by a laid-off employee with recall rights.
10.3.12 An employee who was laid off or who received notice of ▇▇▇▇▇▇ and who is hired into a new position will have ten their University seniority (10) calendar days following the mailing original date of the recall notice in which to report hire with ▇▇▇▇▇▇▇▇) credited for duty, unless a later date for returning to work is otherwise specified purposes of salary placement in the noticenew position.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 (a) When the Employer determines that a long-term layoff or job abolishment is necessarylayoffs (reductions in force) of employees are to be made in any unit, the Employer shall notify the affected employees fourteen (14) days Company, in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoffits sole discretion, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid offoff at each office. All temporary, intermittent, probationary, and permanent part-time If such layoff shall be confined solely to temporary employees, within the division Company shall have the absolute right of selection among such employees. If such layoff shall involve both temporary and assignment designated for regular employees, the Company shall lay offoff all temporary employees at such office and then lay off regular employees at such office in inverse order of Unit Seniority, will as defined in Section 11.3 of this Article.
(b) Similarly, if a layoff shall involve only regular employees, such layoff shall proceed in inverse order of Unit Seniority at such office.
(c) The Company shall not be laid off before bargaining unit members. All such required to transfer employees shall remain between offices in layoff status while any bargaining unit member is on the event of a layoff.
SECTION 3 (d) Any regular employee receiving notice of long-term layoff shall have who has accrued less than five (5) calendar days following receipt by personal service years of Unit Seniority or certified mail delivery any vacation relief employee who is laid off shall receive two (2) weeks' written notice of such layoff or two (2) weeks' pay in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work lieu of the assignment as determined by the Employersuch notice. Any regular employee who chooses not to bump, has accrued five (5) or more years of Unit Seniority who does not possess sufficient skill, ability is laid off shall receive three (3) weeks' pay in lieu of such notice. Notice of layoff or qualifications to bump another employee pay in lieu of such notice shall be laid off and placed on a recall list. An in addition to any severance, vacation or holiday pay to which an employee may only exercise bumping rights once during any be entitled upon such layoff affecting a position. An employee who bumps pursuant to this article Agreement. Such notice shall be paid at include the rate date of layoff and the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period number of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, payback days and for keeping current the address to which a recall noticevacation days, if any, due to the employee. In the event notice is given to the employee as provided above, a copy thereof shall be sent. If there sent to the Union.
(e) In the event a regular employee is a recalllaid off and returns to the Unit within the applicable period specified in Section 11.7, employees the employee's seniority for all purposes upon returning shall be recalledthat which he or she had on the date of such layoff.
(f) In the event a temporary employee is laid off and returns to the Unit within one (l) year, the employee's seniority for all purposes upon returning shall consist of all accumulated time worked for the Company in the inverse order Unit, which was separated by intervals of their layoff, less than one (l) year.
(g) The Company will give to the same assignment from which they were each employee who is laid off, provided they are presently qualified to perform the work and who has rehiring rights, a copy of the job assignment to which they are recalledSection 11.7 of this Agreement.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs. 15.01 When reducing the work force or recalling employees, the same shall be done on the basis of seniority in accordance with 15.02 or 15.03 whichever is applicable.
SECTION 1 (a) Employees who are laid off, because of a layoff of less than three (3) months shall be entitled to exercise their seniority to retain employment by bumping into a lateral or junior rated position other than in-scope lead position providing, they have the necessary qualifications to do the job being bumped into. Employees will have a time frame of seven (7) days commencing from the notice of layoff to decide whether they want to exercise their right. Employees who accept the layoff will be placed on a layoff list eligible for recall.
(b) Upon return to operations, employees who were laid off, including those who bumped, will be recalled to their former position within the three (3) month layoff period.
(c) It is understood that this Article does not apply to any casual or seasonal employees.
(a) Employees who are laid off, because of a layoff of more than three (3) months shall be entitled to exercise their seniority to retain employment by bumping into any position other than in-scope lead position providing, they have the necessary qualifications to do the job being bumped into. Employees will have a time frame of seven (7) days commencing from the notice of layoff to decide whether they want to exercise their right. Employees who accept the layoff will be placed on a layoff list eligible for recall.
(b) Employees who exercised their bumping rights in accordance with 15.03(a) shall have the right to be recalled to their former position or retain their current position.
(c) It is understood that this Article does not apply to any casual or seasonal employees
15.04 Employees on layoff shall ensure that the Employer has their current address and telephone number throughout their layoff period.
15.05 When the Employer determines that a long-term layoff or job abolishment is necessaryrecalls an employee who has been laid off, it shall attempt to notify the employee by phone. If contact cannot be made by telephone, the Employer shall notify the affected employees fourteen employee by registered letter addressed to that employee's last known address. Nothing in this Article shall preclude the Employer from filling a vacancy temporarily while waiting for the employee to report to work. If an employee does not report within two (142) days weeks, the Employer shall automatically move to the next senior employee. If an employee does not report within two (2) weeks, seniority will be broken and employment terminated.
15.06 The Union and the Employer agree that a reduction in advance hours could constitute a layoff, however for the purpose of invoking the notice provisions in Article 15.07, it is agreed that there would have to be a break in employment of six (6) days. The Employer also agrees that although pool shutdown does not generally create a break in employment of six (6) days, they will give notice of the effective date date(s) of the layoff or job abolishmentpool shutdown to all employees at least one
(1) month before it is scheduled to occur. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two Any employee whose “shift pick” weekly schedule is reduced by eight (72) 8) hours or lessmore in each week of a rolling four (4) consecutive week period shall be entitled to exercise their bumping rights in accordance with 15.02. If this reduction reaches twelve (12) consecutive weeks, as soon as possible. The Employer, upon request from the UMWA agrees employee shall be entitled to discuss the impact of any layoff of bargaining unit employees exercise their bumping rights in accordance with representatives of the UMWA15.03.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are 15.07 If an employee, who has been employed for over three (3) calendar months, is to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay laid- off, will be laid off before bargaining unit members. All such employees shall remain the Employer must give that employee at least:
(a) One (1) week written notice or pay in layoff status while any bargaining unit member lieu of notice, if his/her period of employment is on layoff.less than one (1) year, but more than three (3) months;
SECTION 3 Any employee receiving (b) Two (2) weeks written notice or pay in lieu of long-term layoff shall have notice, if his/her period of employment is one (1) year or more, but less than three (3) years;
(c) Four (4) weeks written notice or pay in lieu of notice, if his/her period of employment is three (3) years or more, but less than five (5) calendar days following receipt by personal service years;
(d) Six (6) weeks written notice or certified mail delivery pay in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work lieu of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if anyhis/her period of employment is five (5) years or more, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have but less than ten (10) calendar days following the mailing date years;
(e) Eight (8) weeks written notice or pay in lieu of the recall notice, if his/her period of employment is ten (10) years or more. No written notice or pay in which to report for dutylieu of notice is required, unless a later date for returning to work if his/her period of employment is otherwise specified in the noticeless than three (3) months.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When the Employer determines that a long-term layoff or job abolishment is necessaryemployees are laid off because of lack of work, the Employer employee with the latest seniority date shall notify be laid off first, the employee with the next latest seniority date second, and so on, provided that those remaining at work have the ability to do the work which is available.
1. All probationary employees and temporary employees shall be laid off in the classification affected employees fourteen (14) days in advance of the effective date of by the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement before any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWAregular employee is laid off.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur2. Employees Thereafter, regular employees will be laid off within that division and assignment beginning with the least senior employee in the classification affected being laid off first and progressing so on through the seniority list.
3. An employee laid off pursuant to the most provisions of the above paragraph shall be allowed, within three (3) working days after receipt of the notice of layoff, to exercise seniority to move to a vacant position in an equal or lower paying classification on the Pew Campus, provided the employee can do the work, or, to displace the least senior up employee in an equal or lower paying classification on the Pew Campus, provided the employee can do the work. Such employees can not displace an employee if a vacancy exists in the classification and in no case shall the employee displace a more senior employee. An employee refusing to exercise the number seniority rights in this paragraph shall be deemed to have quit voluntarily.
4. In the event of a layoff, all temporary employees that are to within the affected classification shall be laid off first, followed by all probationary employees in the affected classification.
5. Thereafter, regular part-time employees will be laid off, with the least senior part-time employee being laid off first and so on through the seniority list. All In the event that a part-time employee had transitioned from a full-time position within 24 months of the necessary layoff, he or she will be treated as a full- time employee for the purposes of layoff order determinations.
6. After all temporary, intermittent, probationary, and permanent regular part-time employees, within the division and assignment designated for lay employees have been laid off, regular full-time employees will be laid off, with the least senior employee in the classification affected being laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is first and so on layoffthrough the seniority list.
SECTION 3 Any 7. An employee receiving laid off pursuant to the provisions of the above paragraph shall be allowed, within three (3) working days after receipt of the notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which layoff, to exercise his right seniority to bump move to a vacant position in an equal or lower paying classification on the next less senior employee within the bargaining unitPew Campus, provided the person who wishes to bump possesses the skill, ability and qualifications to perform employee can do the work of or to displace the assignment as determined by least senior employee in an equal or lower paying classification on the EmployerPew Campus, provided the employee can do the work. Any Such employee who chooses cannot to bump, or who does not possess sufficient skill, ability or qualifications to bump another displace an employee if a vacancy exists in the classification and in no case shall be laid off and placed on the employee displace a recall listmore senior employee. An employee may only refusing to exercise bumping the seniority rights once during any layoff affecting a position. An employee who bumps pursuant to in this article paragraph shall be paid at the rate of the assignment he bumps intodeemed to have quit voluntarily.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs. B8.01 The Company and the Union accept the principle of Seniority in lay-offs and recalls and agree that Seniority will govern if the Employee possesses the required qualifications and ability, according to the following steps:
SECTION 1 When (a) Casual Employees within a Group shall be the Employer determines that a longfirst to be laid off in reverse order of company Seniority, no casual shall be able to bump any part- time or full-term time Employee.
(b) A part-time or full-time Employee with the least company Seniority within the Group affected by the layoff or job abolishment is necessary, shall have the Employer shall notify the affected employees fourteen (14) days in advance option of the effective date of accepting the layoff or job abolishmentexercising his/her Seniority rights as follows:
(c) The Employee may:
(i) Exercise his/her company Seniority to bump any junior Employee within the same group at the depot, or
(ii) If no position is available at the depot, the Employee may exercise his/her company Seniority to bump an Employee with less company Seniority within the same group at any other location covered by this Agreement. The Employee in this case shall retain their company Seniority upon transfer to the new location.
(d) If the Employee does not obtain a position through the exercise of seniority rights, the Employee shall be laid off.
B8.02 When adding to the work force of Employees covered by this Agreement, any Employees previously laid off will be recalled on the basis of company Seniority by Group and by depot if the Employee possesses the required minimum qualifications and ability to perform the job. Part-time and full-time Employees will be notified recalled prior to any casual Employee regardless of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possibleSeniority. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. These Employees will be laid off within that division and assignment beginning with considered based on company Seniority if the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, position is not filled from within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoffGroup at the depot.
SECTION 3 Any employee receiving notice of long-term layoff shall have B8.03 The Company will notify such Employees at their last known address by registered mail. If such Employees fail to report within five (5) calendar working days following receipt by personal service or certified mail delivery in which after notification, the standing as an Employee of any such person failing to exercise his right to bump the next less senior employee report within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall five (5) days will be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps intoforfeited.
SECTION 4 Employees who are laid off shall be placed on B8.04 In the event of a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid lay-off, provided they are presently qualified to perform the work Employees employed more than three (3) consecutive months will receive two (2) weeks notice of the job assignment to which they are recalled.
SECTION 5 In the case such layoff or two (2) weeks pay in lieu of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Collective Agreement
Layoffs.
SECTION 1 When the Employer determines that a long-term layoff or job abolishment is necessarylayoffs of employees are to be made, the Employer shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer Company shall determine in which work divisions what jobs are to be left vacant or abolished and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving 9.5.1 The Company will copy the Union on an employee’s notice of long-term layoff shall have layoff, or on a pay in lieu of notice provided in accordance with Article 9.5.5.
9.5.2 Within five (5) calendar days of a notice of layoff to an employee, the following receipt procedure shall apply:
(a) a Labour/Management Committee, consisting of two (2) Union and two (2) management representatives will be formed to examine the possibility of relocation, by personal service or certified mail delivery seniority, of employees. In the case where it is determined that an individual possesses the qualifications, he shall be assigned the job classification;
(b) should the Committee decide that relocation is not possible, then the normal layoff procedure will apply;
(c) in which order to exercise his right expedite the meeting of the Labour/Management Committee, the two (2) Union members will participate by teleconference unless otherwise agreed by the Company and Union.
9.5.3 When employees are to bump the next less senior employee be laid off, such layoffs shall proceed in an inverse order of functional group seniority within the bargaining unitgroups defined in Article 2.3 within New Brunswick/▇▇▇▇▇▇ ▇▇▇▇▇▇ Island and Cape Breton, provided as applicable.
9.5.4 In the person event of a layoff, an employee who wishes to bump possesses the skill, ability has acquired experience and qualifications to perform the work necessary requirements of a job in another functional group, may transfer to that functional group and displace a less senior employee. If the assignment as determined by transfer is not possible, the Employernormal lay-off procedure will apply. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on displace a recall list for a period of eighteen (18) months. Employees on a recall list less senior employee shall be responsible for notifying their own moving costs.
9.5.4.1 An employee who has reverted through lay-off to a lower rate functional group shall continue to receive his previous salary if that salary is within the Employer at minimum and maximum of the time salary range of layoffthe lower rate functional group. Thereafter, and for keeping current the address to which a recall notice, if any, employee shall progress up the salary scale in his/her new functional group on the anniversary date of his/her former functional group. The amount of the progression shall be sentthe increment between the two steps on the salary schedule which he/she is "in-between". If there is a recall, employees Should the employee's previous salary be more than the maximum salary of the lower rate functional group then he/she shall be recalled, in the inverse order of their layoff, revert to the same assignment from which they were laid off, provided they are presently qualified to perform the work maximum salary of the job assignment to which they are recalledlower rate functional group.
SECTION 5 9.5.5 An employee who is to be laid off will be notified two (2) months in advance or may obtain two (2) month's salary in lieu. In the case of a long-term layoffautomation, the recalled employee notice or pay in lieu shall have seven be provided one hundred and twenty (7120) calendar days in advance.
9.5.6 In the case of layoff or future change in the employees' working conditions or job security due to the introduction of automation, the Company will agree to the following conditions:
(a) The Company will give the date of Union and the mailing by certified mail of the recall affected employees as much advance notice to notify the Employer of his intention to return to work as is practical, but not less than one hundred and shall have ten twenty (10120) calendar days following notification of such layoffs or change. Notice or pay in lieu shall be in accordance with Article 9.5.5, plus all other benefits including severance pay for the mailing date same period.
(b) The Company shall, in writing, state the nature of the recall changes contemplated and the number of jobs likely to be affected. Upon receipt of such notice in which by the Union, the parties shall arrange a meeting or meetings for the purpose of minimizing hardship to report for dutythe employees affected by providing, unless a later date for returning where possible, alternative employment within the Company. Such alternative employment shall be available to work is otherwise specified the affected employee by bumping in the noticemanner defined earlier for layoff. The Company and the Union will attempt to obtain employment outside the Company for the employee who cannot exercise bumping rights. It is agreed that there is no obligation for the employee to accept such outside employment. The Company will provide such employees reasonable paid time off for employment interviews provided other employees are available to do the work.
(c) The parties agree that in the event of the layoff of twenty-five percent (25%) or less of the bargaining unit due to technological change, the Canada Labour Code, Part I, Sections 52, 54, and 55 do not apply.
Appears in 1 contract
Sources: Collective Labour Agreement
Layoffs.
SECTION 1 When it becomes necessary to reduce the Employer determines that force, or a long-term job is eliminated, layoffs will be according to departmental seniority and the qualified employee with more seniority may bump a less senior employee in an equal or lower classification if scheduled for layoff or job abolishment elimination. Notwithstanding the above paragraph an employee may bump to a position he/she held in a Maintainer Classification in the same department so long as he/she previously passed probation in that position, is necessarystill qualified, and has more departmental seniority than the Employer shall notify current incumbent. Should no bumping opportunities exist within the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision same department, an employee may bump to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with a position held by the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before employee (by bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5seniority) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump from amongst Maintainer Classifications from the next less senior employee remaining departments within the bargaining unit, unit provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment they are qualified as determined by the EmployerDirector of Human Resources. Any In the event that bargaining unit seniority for the least senior Maintainer employees is equal, city seniority shall apply, followed by department seniority if necessary. Such bumped employee who chooses shall have no bumping rights. Prior to the City's decision to lay off employees, the City agrees to discuss possible alternatives to layoffs with the union leadership. Such discussions shall not constitute bargaining and any decision to bumplay off employees shall remain the sole discretion of the City. At no time either at the time of a layoff or during a layoff will the City contract out the primary duties of any employees that are laid off.
Section 5:2 When layoffs become necessary in any department, or who does not possess sufficient skill, ability or qualifications to bump another employee after the layoff of new probationary employees (employees having worked for the City less than ninety (90) days) employees shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An in order of their department seniority, provided that the employees retained are able to satisfactorily perform such work as remains available.
Section 5:3 Any employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are is laid off shall be placed on a retain recall list rights in accordance with his seniority for a period of eighteen three (183) monthsyears from the date of his layoff. Employees on Recall rights shall apply to the employee's former classification or any classification in an equal or lower Maintainer Classification which he is qualified to perform. An employee shall lose all recall rights if he rejects recall to his former classification, but shall not lose recall rights for refusing recall to a recall list shall be responsible for notifying the Employer at the time of layofflower Maintainer Classification, and shall not lose recall rights to his original Classification by accepting recall to any other Classification. An employee also shall not lose recall rights for keeping current the address refusing recall because of temporary verified physical incapacity. The recall rights of this section apply only to which a recall noticenon- probationary employees.
Section 5:4 For purposes of this Article, if anyUnion Officers and Stewards shall have top seniority, and shall not be sent. If there is a recall, employees shall be recalled, affected by any layoff in the inverse order of their layoff, to the same assignment from which they were laid off, department provided they are presently qualified to perform the work one of the job assignment to which they are recalled.
SECTION 5 In remaining jobs in their department or in the case of a long-term layoffUnion Officer, the recalled employee shall have seven (7) calendar days following the date one of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified remaining jobs in the noticebargaining unit.
Appears in 1 contract
Sources: Working Agreement
Layoffs. 10.01 Employment dates of employees shall be recognized on an employee list kept by the employer, which also lists each employee’s respective trade and job classifications. New employees shall be placed on the list, together with the date of their most recent date of hire, at the end of their probationary period and
SECTION 1 When 10.02 Employee lists shall be maintained at all times by the Employer determines that and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the status of an employee within its jurisdiction.
10.03 Recall rights shall cease for any employee who:
a. voluntarily quits the employ of the Employer;
b. is discharged and such discharge is not reversed through the Grievance Procedure;
c. fails to report on the first day following the expiration of a long-term layoff or job abolishment leave of absence, unless he has a justifiable reason;
d. is laid off for a continuous period of more than six (6) consecutive months;
10.04 When, in the opinion of the Employer, a reduction of the work force is inevitable, he shall inform the Union on the need for layoffs. Probationary employees shall be laid off first. If further reductions are necessary, the Employer and the Union shall jointly determine the order of layoff and in doing so, they shall be guided by the following considerations:
a. ability and skill of the employees to perform the work;
b. length of employment of the employees;
c. any other mutually agreed layoff method in which an employee voluntarily accepts a short term layoff.
10.05 The recall of employee shall follow the same procedure and considerations used for the layoff of employees as set out above.
10.06 The Employer will give the Union and employee four (4) hours’ notice or pay in lieu of notice of layoff.
10.07 The Employer will not be required to give notice of lay off when equipment failure, shortage of material, or other reasons beyond the control of the Employer cause a stoppage of operation.
10.08 The Employer agrees to notify the affected employees fourteen (14) days in advance Union office of the effective date names of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work pay period of the assignment as determined by date during which the Employer. Any employee who chooses not to bumplayoff occurred, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off together with each employee's classification and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps intolatest available phone number.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Collective Agreement
Layoffs. 33.01 The Employer may layoff bargaining unit members or abolish bargaining unit positions due to a lack of funds, lack of work or for purposes of reorganization to increase the efficiency of operations. The employer shall determine within which classification(s) layoffs will occur. Within each affected classification, employees shall be laid off in accordance with their seniority. Employee(s) with the least seniority will be laid off first.
SECTION 1 When 33.02 In the Employer determines that event of a long-term layoff or job abolishment is necessary, the Employer shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment, the affected employee(s) will have bumping rights within their respective classification. Upon a layoff, an affected employee may bump an employee with less seniority in the same classification. Employees who are bumped may exercise the same bumping rights ‘with respect to less senior employees in the affected classification. Affected employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise their bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps intorights.
SECTION 4 Employees 33.03 Bargaining unit members who are laid off shall be placed on a recall list for a period of eighteen thirty-six (1836) months. Employees on If a recall occurs, employees who remain on the recall list shall be recalled to their former position in the order of their layoff. Notice of recall shall be sent to the employee by certified or registered mail. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice to the last mailing address provided by the employee. Employees shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalledEmployer, in the inverse order writing, of any changes in their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the address. The recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail receipt of the recall notice to notify the Employer of his his/her intention to return to work and shall have ten fourteen (1014) calendar days following the mailing date receipt of the recall notice in which to report for duty, duty unless a later different date for returning to work is otherwise specified in the notice. If the employee does not respond within seven (7) calendar days, the employee shall be deemed to waive his/her recall rights and will be removed from the recall list. In the event of a layoff, employees in the classifications of lieutenants and sergeants may bump less senior employees in lower classifications. Employees in the classifications of lieutenants, sergeants and patrol officers who are qualified in the discretion of the Chief to serve as dispatchers may bump less senior dispatchers. Seniority shall be defined as length of service with the Department.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When 26.01 Layoffs shall be made in the Employer determines that a long-term layoff or job abolishment is necessary, the Employer shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff reverse order of bargaining unit seniority, provided the remaining employees with representatives of are qualified to perform the UMWA.
SECTION 2 work. The Employer shall determine least senior employee(s) in which a work divisions and assignments layoffs or job abolishments will occurunit that is losing positions has the right to transfer into a vacancy created by the actual layoff. Employees will be laid off within that division and assignment beginning with For example, if the least senior and progressing to member of the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain is in the Electrical Unit but the position loss which necessitated the layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less Warehouse Unit, the least senior employee within in the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications Warehouse Unit if qualified to perform the work of assigned to the assignment as determined by position in the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee Electrical Unit shall be laid off transferred and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the wage rate of appropriate to the assignment he bumps intonew position. If the employee elects not to accept the transfer the employee will be subject to layoff.
SECTION 4 Employees who are 26.02 The District shall confer with the Union prior to issuance of any notices of layoff to employees covered by this Agreement.
26.03 This clause shall not apply to the discharge section. All regular full-time employees being laid off shall be placed on a recall list for a period of eighteen given two (182) months. Employees on a recall list weeks’ notice or two (2) weeks’ pay prior to such layoff.
26.04 An employee laid off shall be responsible for notifying offered the Employer first job opportunity within the other work units before a new hire, provided the employee is qualified to perform the work. If a laid off employee is offered a job opportunity within this bargaining unit at the same range as the position the employee left and the employee rejects the offer, all recall rights are terminated. Returning employees shall be placed at the same step as occupied at the time of lay-off. This job opportunity shall not apply to the discharge section.
26.05 Employees who had medical benefits at time of layoff, and for keeping current the address who are recalled to which a recall notice, if anymedical benefit eligible position, shall be sent. If there is a recall, employees shall be recalled, in receive benefit coverage on the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work first day of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days month following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to their return to work from layoff status.
26.06 Seniority may be terminated and the District-employee relationship shall have ten be severed by the following conditions:
a. Proper discharge;
b. Layoff of twelve (1012) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.months’ duration;
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When the Employer determines that a long-term layoff or job abolishment is necessary, the Employer shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that lay are to be laid off. All temporarymade, intermittent, probationary, and permanent part-time employees, such lay shall proceed within the division job classificationaffected in inverse order of seniority. The Company agrees that it shall not consistently schedule overtime in order to bring about or to extend lay Notwithstanding the provisions of Article 16.1: in the event of a lay-off affecting Employees classified as Reporter (Salary Groups and assignment designated Employees classified as Operator (Salary Groups as of the date of signing of this Agreement, any such Employee who is given a notice of a lay-off shall have a right to apply seniority to a job where there is reasonable expectation could perform the job satisfactorily after having been given reasonable assistance for lay off, will be not less than sixty (60) calendar days. where a who as of the date of signing this Agreement has accumulated seniority as a Reporter (Salary Groups 7) or Operator (Salary Groups is given a notice of lay-off may apply seniority to a Reporter job where the seniority was accumulated as a Reporter or to an Operatorjob where the seniority was accumulated as an Operator. The Company shall provide notice to a laid off before bargaining unit membersEmployee and the Union in advance, or in lieu of such notice shall pay the laid off Employee as follows: Length of Service After completion of probation and less than months' service After months' service and less than months' service months' service Notice Required weeks weeks I A laid-off Employee with twelve (12) months or more continuous service may, at discretion, opt to receive severance pay based on three (3) weeks' pay per year of continuous service. All A portion of a year shall be calculated on a pro-rata basis. The minimum payment shall be three (3) weeks at basic salary and the maximum payment shall be fifty two (52) weeks at basic salary. Severance payments provided herein shall be deemed to be inclusive of any severance payment required pursuant to law. Where an Employee accepts such employees severance pay, shall remain be deemed to be terminated and shall forfeit all seniority and other rights under this Agreement. Where an Employee has the qualifications and seniority required to displace a less senior Employee as set out in Article and notifies the Company within forty-eight (48) hours of receiving a layoff status while any bargaining unit member is notice that will not be exercising right to displace a less senior Employee and will not be electing recall, the following shall apply: shall be entitled to one (1) additional week of severance pay per year of continuous service to a maximum of twelve (12) additional weeks. A portion of a year shall be calculated on layoff.
SECTION 3 Any employee receiving notice a pro-rata basis. Such Employee shall be deemed to be terminated and shall forfeit all seniority and other rights under this Agreement. The Company shall extend to a laid off Employee with twelve (12) months or more of long-term layoff shall have continuous service, basic medical and dental group benefits coverage for a period as follows: three (3) months in the case of an Employee with up to five (5) calendar days following receipt by personal service years of continuous service; six (6) months in the case of an Employee with more than five (5) years of continuous service; During the applicable period the Company shall pay the group benefits premium on behalf of the laid off Employee. The Company shall be released such obligation if the Employee becomes eligible for said benefits at a new place of employment or certified mail delivery in which to exercise his right to bump is recalled within the next three (3) or six (6) month period as the case may be. An Employee who is reduced classification may displace a less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during Employee in any layoff affecting a position. An employee who bumps pursuant to this article shall be paid classification any salary group at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for same or lower level by notifying the Employer at the time Company within forty-eight (48) of layoff, receiving a displacement or lay-off notice of intention to displace and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, further provided that: has worked in the inverse order of their layoffclassification before and has completed the probation period for such classification; or has the qualifications, as well as the ability, to do the same assignment from which they were laid off, provided they are presently qualified to perform the work normal requirements of the job assignment to which they are recalled.
SECTION 5 In the case of within a long-term layoff, the recalled employee shall have seven thirty (730) calendar days following day trial period. An Employee who displaces a less senior Employee in another job classification and who fails to demonstrate ability to perform in that classification during the date thirty (30) day trial period shall be considered laid off effective the end of the mailing by certified mail thirty day trial period. Recall rights under Article shall begin at the end of the recall notice to notify the Employer of his intention to return to work and shall have ten thirty (1030) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the noticeday trial period.
Appears in 1 contract
Sources: Collective Agreement
Layoffs.
SECTION 1 When layoffs are to be such layoffsshall proceed in inverse order of Company seniority within those jobfunctions affected; said listed in Article An employee about to be laid off from one job function who has the Employer determines occupational qualifications in another job function, may apply his seniority and revert to such No employee is to be displaced by a more senior employee unless the latter possessesthe occupationalqualificationsto performthe job filled by the employee with less It is understood and agreed that an employee with qualifications may require a long-term layoff or job abolishment is necessary, certain period of familiarization four (4) weeks) in the Employer new classifications. The Company shall notify advise the affected employees fourteen employee and the Unionat least four (144) days in advance of the effective date proposed layoff, or such length of time as prescribed by legislation, or in lieu of such notice shall pay the layoff or job abolishmentemployee laid off four (4) weeks' salary, plus accrued vacation pay. Employees laid off and deemed terminated pursuantto any statute, will receiveseverance pay equal to one week's pay for each year of continuous up to a maximum of twelve (12) weeks' salary. respect to incomplete years, the severance pay shall be notified of on a prorated basis, calculated to the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possiblenearest month. The Employerabove-noted severance payment shall be deemed to include any severance required pursuant to any statute. While an employee is laid off, upon request from the UMWA agrees to discuss Company will continue the impact group and benefit payments for the period of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid lay-off within that division and assignment beginning with the least senior and progressing to the most senior up to the number a maximum of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service months or certified mail delivery until the employee is eligible for benefits at the new place of employment. Group benefits are defined as health, dental, group life and accidental death and dismemberment insurance. A job function, as set oui in which Article and its corresponding"senior designation shall be considered one and the same job function for the purposes of determining in the event of lay-off. When full-time vacancies occur, the Company agrees to exercise his right to bump reengage, in the next less senior employee within the bargaining unitorder of Company seniority, farmer employees who have been laid off for a period not exceeding twelve (12) months, provided the person who wishes to bump employee possesses the skilloccupational qualificationsto fill the vacancy. In the event that the Company and the Union do not agree on the occupational qualificationsof the employee in question, ability the matter will be subject to the grievance procedure. The Company further agrees to give preferentialconsideration to the of suchformer employees who had at least one (1) year of Company seniority and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be have been laid off and placed on for a recall list. An employee may only exercise bumping rights once during any layoff affecting a positionperiod exceeding twelve (12) months. An employee who bumps pursuant bumped into a lower rated classificationin accordancewithArticle shall retain first recall rights to this article shall his previous classification when a vacancy occurs therein. The Company'sresponsibilitywill be paid at consideredto be fulfilled if the rate Company gives notice, in writing, by registered mail to the employee's last known address. The employee must notify the Company of the assignment he bumps into.
SECTION 4 his intention within seven calendar days (excluding Saturday, Sunday, and Holidays). Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention unable to return to work for just and shall have ten (10) sufficient cause within the said seven calendar days following (excluding Saturday, Sunday and Holidays) period, upon presentation of their case to the mailing date Union and Company, may retain their seniority and will become the next available employee on the rehiring list. Computation of seniority after uninterrupted service (1) year's Company seniority is laid off or transferred to position within the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.Company not covered by this Agreement:
Appears in 1 contract
Sources: Collective Agreement
Layoffs. If the procedure set forth in Section 19.01 does not satisfy the surplus condition the Company may move to layoff. The Company will discuss with the Union the plan for the declared surplus following the Company’s written notice. The force adjustment procedures herein shall not preclude limited, mutually agreed upon Union- Management modifications. Any such modifications will apply on a one-time basis and will not serve as a precedent for other current or future force surplus adjustment procedures. Absent an alternative agreement, work force adjustments shall be made as provided in this section: The Company will provide the Union with a complete listing of all covered employees, noting their job title, seniority, location and where the reductions are needed, before instituting such layoffs.
SECTION 1 When a) Prior to any layoffs, all vendors and outside contractors of the Employer determines that a long-term layoff or Company will be removed from the AT&T Project in the affected job abolishment is necessarytitles, and subsequently all temporary employees will be separated from the payroll before regular employees are laid off.
b) If the above does not relieve the conditions requiring layoffs, the Employer Company will solicit and consider volunteers in seniority order within the impacted State(s) and line of business over a six (6) working day period.
c) If the above does not relieve the conditions requiring layoffs, the Company shall notify layoff regular full-time employees by inverse order of seniority within the affected Local Union's jurisdiction. Senior Facility Engineers, Lead Engineers, Facility Engineers, and Facility Mechanic/Trainee(s) shall be considered employees fourteen (14) days in advance of the effective date of the layoff or same combined job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWAtitle.
SECTION 2 The Employer shall determine in which work divisions d) Once all placements to open positions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to volunteers for layoff have been identified, the most senior up impacted employee and any less senior employees will then have the ability to bump in seniority order into any of the number of remaining open positions, less those in assigned to TSO facilities who are not directly impacted by the layoff, or elect to volunteer for layoff at that time. These impacted employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice provided a list of long-term layoff shall have five available positions and will be given six (56) calendar working days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unitrank their choices, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalledwill be placed in seniority order. Employees who select positions outside of a commutable distance (35 miles) from their current home must be prepared to relocate as needed and will be provided the relocation benefits outlined in Article XXI. Senior Engineers will be allowed to retain their title and pay level in their new assignment. Lead Engineers will be allowed to retain their pay level, but as a Senior Engineer.
SECTION 5 In e) Any employee in the case service of the Employer continuously for one (1) year or more who is laid off due to job elimination, technological improvements or the closing of a long-term layoff, the recalled employee building shall have the option of receiving a severance allowance of one weeks pay for each full year of Company service to a maximum of seven (7) calendar days following weeks pay. Accepted volunteers under Section 19.02 (b) will also be eligible for this severance allowance. Upon acceptance of severance pay, the date employee shall be deemed to have waived all future rights of employment with the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work employer and shall have ten (10) calendar days following the mailing date of the recall notice in which be terminated. The Company will consider volunteers by seniority before moving to report for duty, unless a later date for returning to work is otherwise specified in the noticelayoff.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When Section 1. Whenever it is necessary because of lack of work or funds or whenever it is advisable in the Employer determines interest of economy or efficiency to reduce the working force, employees shall be laid off based on inverse order of seniority within their job classification(s) provided that a long-term layoff or job abolishment is necessarythere are senior employees who, in the Employer shall notify the affected employees fourteen (14) days in advance opinion of the effective date of County, are qualified to meet operational needs.
Section 2. An employee shall have the layoff or job abolishment. Employees will be notified of right on the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff basis of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications seniority to bump another employee within his/her own or lower rated job classification provided that the bumping employee is qualified to meet the operational needs of the County. An employee who bumps into another classification or a position in the same classification but in a different operational unit shall be required to serve a 120 day probationary period. An employee who fails such probationary period shall be laid off and placed on a recall list.
Section 3. An Before any bargaining unit employee may only exercise bumping rights once during is notified of his/her layoff, the County shall give the Union a minimum of thirty (30) days written advance notice of the impending layoff and provide it with the opportunity to discuss the matter and provide input.
Section 4. Affected employees shall be given a minimum of 14 calendar days advanced written notice of layoff.
Section 5. In the event an employee is laid off, he/she shall receive payment for earned but unused vacation and for any layoff affecting a positionunpaid compensatory time off no later than 14 calendar days after the effective date of layoff.
Section 6. An Recall lists shall be created for each classification for which there is an employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are was laid off shall be placed or displaced into a lower rated classification. The most senior employee on a recall the list for a period of eighteen (18) months. Employees on given classification will be recalled when a recall list shall be responsible for notifying vacancy that the Employer at County determines to fill in that classification arises provided that the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there employee is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalledwork.
SECTION 5 In the case Section 7. An employee on layoff will be given 14 calendar days’ notice of a long-term layoff, the recalled employee shall have seven (7) calendar days following recall from the date of on which the mailing by certified mail of County sends the recall notice to notify the Employer employee by certified mail to his/her last known address as shown on the County’s official personnel records. It is the obligation of his intention the employee to return keep the County advised in writing of his/her current address.
Section 8. If an employee fails to report back to work and when recalled within the 14 calendar day period stated above, his/her employment shall be separated, unless satisfactory excuse is shown.
Section 9. In the event that two or more employees have ten (10) calendar days following the mailing same date of entry into the recall notice in which to report for dutybargaining unit, unless a later date for returning to work is otherwise specified in the noticeemployees shall be laid off alphabetically by their last names with “A” being the most senior and “Z” being the least senior (i.e., Mr. B would be laid off before Mr. A). If employees have the same last name, then employees shall be laid off using the last four (4) digits of their social security numbers, with 0000 being the least senior and 9999 being the most senior.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When the Employer determines that a long-term layoff 27.1 Whenever an employee covered by this Agreement is laid off for lack of work or job abolishment is necessarylack of funds, the Employer shall notify the affected employees fourteen shall be given notice of layoff not less than sixty (1460) days in advance of prior to the effective date of their layoff. The order of layoff within the class shall be determined by the total number of hours worked. The employee, who has worked the least number of hours in class, plus higher classes, shall be laid off first. Re-employment shall be in reverse order of layoff so that employees with highest seniority shall be re-hired first. Hours worked shall not be interpreted to mean any service performed prior to entering into probationary status or job abolishmentto any hours worked on over-time. Employees will An employee cannot be notified of the Employer’s decision to implement any laid off if a short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from employee is retained to render services that the UMWA agrees employee is qualified to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWArender.
SECTION 2 The Employer 27.2 All employees in an acting capacity shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing first before any probationary employees are laid off.
27.3 Any probationary employee who had permanency in another class covered by this Agreement shall be returned to the most senior up to class in which permanency was attained, replacing the number of employees last person hired in that are to be laid offclass with less seniority. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will probationary employees in a class shall be laid off before bargaining unit members. All such any permanent employee in the class is laid off.
27.4 The order of layoff of permanent employees shall remain be the employee with the least number of hours worked in layoff status while any bargaining unit member is on layoffclass, plus higher classes, being laid off first. Subsequent layoffs shall continue in that order.
SECTION 3 Any 27.5 Employees laid off have displacement rights (which must be calculated for each individual). The first right is to move into a vacant position in the affected class. If there are no vacancies, the next right is to move into the position occupied by the employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery with the least seniority in class. If the person laid off is least senior in the affected class, that person may displace into a lower class in which to exercise his right to bump he or she had attained permanency, displacing the next less least senior employee within in the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee class.
27.6 A re-employment list shall be established and maintained for thirty-nine (39) months. Names of employees laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at from the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off District shall be placed on a recall the list for a period in reverse order of eighteen (18) monthslayoff. Employees on a recall list disability leave of absence shall be responsible for notifying merged into the Employer list on the basis of the total number of hours accrued at the time they went on leave. Employees who have accepted voluntary reduction in hours or classification shall have an additional twenty-four (24) months (for a total of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order sixty-three (63) months) of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalledreemployment rights.
SECTION 5 In 27.7 Employees on the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice reemployment list must be willing to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice accept reemployment in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.class within five
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When the Employer determines A. If it is determined that a long-term layoff or job abolishment is layoffs are necessary, employees will be laid-off in the Employer shall notify following manner:
1) Hourly employees within the department affected employees fourteen (14provided that:
a) days in advance the bargaining unit member is qualified to do the work of the effective date of non-unit member;
b) it is physically (e.g., location, time, etc.), possible for the layoff or job abolishment. Employees will hourly work to be notified of done by the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of member, and;
c) if there are two hourly positions that the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit membersmember would be qualified to do, these positions be combined. All such employees This shall remain in layoff status while not apply to student employees. In the event any bargaining unit member is on layoffbumps an hourly position, said employee assumes the status of that position.
SECTION 3 Any employee receiving notice 2) In the event of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the further layoffs, bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee unit members shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps from the affected Departmental Seniority List (Appendix B) in accordance with their seniority under the following conditions:
a) Seniority comparisons shall be made pursuant to this article shall be paid Departmental Seniority Lists by position range established by the Administrationand given to the Union at the rate outset of the assignment he bumps intoeach fiscal year.
SECTION 4 Employees who are laid off shall b) In the event of a layoff, once the department, range, and job title have been determined, the bargaining unit member with least seniority will be placed on a recall list for a period selected.
c) The person selected may, if deemed qualified by the department's administrator, bump out persons of eighteen (18less seniority in lower level position classifications within the same department.
3) months. Employees on a recall list shall be responsible for notifying the Employer at the time In case of layoff, and for keeping current within each Departmental Seniority List by range, the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their Board may exercise one exemption from seniority layoff, and choose to select the same assignment from which they were laid off, provided they are presently qualified to perform next senior employee indicated on the work of the job assignment to which they are recalledDepartmental SeniorityList by range.
SECTION 5 In B. Individual insurance coverage for any laid-off bargaining unit member shall continue for thirty (30) days from the case beginning of a long-term layoffsaid ▇▇▇▇▇▇. Thereafter, the recalled employee shall have seven (7) calendar days following the date of the mailing retention and/or conversion rights as provided by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for dutylaw, unless a later date for returning to work is otherwise specified in the noticeat employee expense.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs. SECTION 1 In the event layoffs become necessary by reason of a reduced volume of SacRT’s business, such layoffs shall be based on the inverse order of seniority. SacRT will give employees scheduled for layoff as much advance notice as possible. When vacancies occur thereafter, such laid-off employees shall be rehired on a basis of seniority and prior to the employment of any new employee. Provided, however, that if any such laid-off employees fail to report for duty within 15 calendar days after the mailing to him or her of a written notice, postage prepaid, registered, to the last address known to SacRT, and return receipt requested, he or she shall lose the employee’s right to be rehired hereunder.
SECTION 1 When 2 Transit Officers affected by a layoff may use their SacRT seniority to displace another employee of less seniority from a position they are qualified to fill within the Employer determines that bargaining unit (coach/rail or clerical) from which they came. Qualifications for bumping into a long-term layoff or job abolishment is necessaryposition shall be determined by SacRT.
SECTION 3 If Regular Transit Operators (including Light Rail Operators) are affected by a layoff, the Employer shall notify affected Operators have five working days from the affected employees fourteen (14) days in advance date of the layoff notice to select one of the following options.
a. He or she can go on layoff. In such event, the Operator’s Division and District seniority including the employee progression through the pay progression are frozen as of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice 1. Upon recall, laid off operators will be recalled in order of long-term layoff their Transit Division seniority.
2. Upon returning to active employment, the movement through the pay progression, if applicable, as well as continuation of accruals based on time worked, shall have five (5) calendar days following receipt by personal service begin again.
b. He or certified mail delivery in which to exercise his right she can opt to bump into the next less senior employee within CBS Division.
1. All Regular Transit Operators bumping into the bargaining unit, provided CBS Division shall be placed at the person who wishes to bump possesses the skill, ability and qualifications to perform the work top of the assignment as determined by CBS Division seniority list in the Employerorder of their Transit Division seniority; and
2. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article The Operators shall be paid at the rate attained in the Regular Transit Operator pay progression. Time worked, as a CBS Operator, shall count toward continuing movement through the Regular Transit Operator pay progression and toward the accumulation of the assignment he bumps intoDistrict seniority.
SECTION 4 Employees who are laid off 3. Upon recall, Operators that opted to bump into the CBS Division shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, recalled in the inverse order of their layoff, to Transit Division seniority. The Operators’ pay rate shall be determined by the same assignment from which they were laid off, provided they are presently qualified to perform the work combined length of the job assignment to which they are recalledtime worked as a Regular Transit Operator and as a CBS Operator.
SECTION 5 In the case of a long-term layoffc. Once an Operator selects an option, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the noticeit may not be changed.
Appears in 1 contract
Sources: Labor Agreement
Layoffs.
SECTION 1 When Seniority is based on time in the Employer determines bargaining unit for layoff purposes. Seasonal employees may be used by the Town to supplement the work force, but no part-time or seasonal employee shall be employed while employees of the unit are on layoff status. The Town agrees that a long-term layoff or job abolishment is necessaryit will not subcontract work for the purpose of laying off employees. Further, the Employer shall notify Town will make every effort to recall employees from layoff whenever the affected employees fourteen (14) days in advance duration and nature of the effective date of work to be done makes it practical to do so. For all classifications (positions) within the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit (as set forth in the Recognition Clause) layoffs shall be made within each employee’s classification in the reverse order of seniority, provided always that the retained employee is capable of performing the available work. In the event of layoff for lack of work, probationary employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid offfirst. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee For all classifications within the bargaining unit, the employee affected shall have the right to displace the least senior employee within the classification. For a period of two (2) years the affected employee shall have the right to be recalled to the classification from which he/she was laid off, if a position should become vacant or be reinstated, or to a position in a lower classification. The choice of employees to rehire shall be based upon seniority’ provided the person who wishes to bump possesses employee can, in the skilljudgment of the Town, ability and qualifications to satisfactorily perform the work of the assignment as determined by the Employeravailable work. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee No person shall be laid off newly employed in a classification that includes personnel on that recall list until all persons on the recall list have been notified by certified mail sent to the employee’s last known address and placed on a recall listsuch persons either are offered re-employment or decline such re-employment offer. An employee may only exercise bumping rights once during any layoff affecting a positionIt shall be the employee’s responsibility to notify the Town of his current address. An employee who bumps pursuant to this article shall be paid at the rate declines an offer of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, re-employment in the inverse order same classification as previously employed shall forfeit recall rights. Failure to respond in writing to a notice of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have an opening within ten (10) working days after mailing thereof shall be deemed a refusal to accept re-employment. Returning employees must return to work within thirty (30) calendar days following from the mailing date of mailing of the notification. Members of the bargaining unit whose names are on the recall notice in which list will be notified of opportunities for temporary part-time or seasonal employment. No new employee shall be hired for a temporary part-time or seasonal position until all employees and the recall list have had an opportunity to report decline. Notification of opportunities for dutysuch employment shall not constitute recall, unless a later date for returning to work is otherwise specified in the noticeand no employee shall forfeit rights by declining such employment.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When Section 1. In the Employer determines that a long-term layoff or job abolishment is necessarycase of layoffs, the Employer shall notify determine the affected number and classification of employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division the funding district and assignment beginning with jurisdiction. The Employer will lay off temporary and provisional employees first.
Section 2. A full-time employee who is subject to layoff can replace the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent full-time or part-time employeesemployee in any lower or equally paid job title for which he/she has the qualifications, unless a deviation from seniority is justified by (1) the employee' evaluation, which includes whether the employee met expectations; (2) the employee's attendance and punctuality records; or (3) the employee's disciplinary record and whether the employees has an active Quality Improvement Plan (QIP). A part-time employee who is subject to layoff can replace the least senior part-time employee in any lower paid job title, unless a deviation from seniority is justified by (1) the employee' evaluation, which includes whether the employee met expectations; (2) the employee's attendance and punctuality records; or (3) the employee's disciplinary record and whether the employees has an active Quality Improvement Plan (QIP). An employee replacing an employee in another position must accept the schedule of the position. Employees shall cooperate to exercise replacement rights expeditiously. An employee who fails to exercise his/her replacement rights in writing within the division and assignment designated for lay offthree (3) work days of notice, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoffoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall listSection 3. An employee may only exercise bumping rights once during any layoff affecting into a position. An employee who bumps pursuant to this article lower-rated position shall be paid at receive the highest rate of the assignment he bumps intothat position or his/her current rate, whichever is lower.
SECTION 4 Section 4. The Employer will provide the Union and affected employees with two (2) weeks’ notice of layoff, unless a funding source requires a shorter notice period.
Section 5. Employees who are laid off on layoff shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, recalled in the inverse order of their layoff, seniority (subject to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In qualifications as in the case of layoff) to vacancies within their job title, unless a long-term layoffdeviation from seniority is justified by (1) the employee' evaluation, which includes whether the recalled employee met expectations; (2) the employee’s attendance and punctuality records; or (3) the employee's disciplinary record and whether the employees has an active Quality Improvement Plan (QIP). An employee shall have forfeit all recall rights if he/she fails to report to management an intention to return from layoff within seven (7) calendar working days following notification of recall by the date of the mailing Employer, such notice to be by certified mail to the last known address appearing on the Employer's records. It shall be the responsibility of the recall notice employee to notify keep the Employer informed of his intention his/her current address and telephone number. An employee shall also forfeit all recall rights if he/she fails to return report to work and shall have ten within two (102) calendar days following the mailing date weeks of notice of recall as specified above.
Section 6. An employee recalled within one (1) year of the recall notice in which to report for duty, unless a later layoff shall retain hir or her original anniversary date for returning to work is otherwise specified in the noticeall purposes.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When (a) A layoff is defined as a planned reduction in the work force that is usually the result of Fiscal distress, reduction in volume of work or other equivalent business reason. The Union will be notified two (2) weeks prior to any layoffs. The Employer determines that a long-term layoff or job abolishment is necessary, the Employer shall will notify the affected employees fourteen to be laid off.
(14b) days in advance In the event of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term a layoff, lasting seventy-two (72the principle of seniority shall be adhered to provided that the employee(s) hours or less, as soon as possible. The Employer, upon request from affected have the UMWA agrees ability to discuss perform the impact of any layoff of bargaining unit employees with representatives of the UMWAwork at a satisfactory level.
SECTION 2 The Employer (c) During a layoff, probationary employees shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees be laid off first; then regular employees will be laid off within that division and assignment beginning with on the least senior and progressing to the most senior up to the number basis of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoffseniority.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5d) calendar days following receipt by personal service or certified mail delivery If there exists a vacancy in which to exercise his right to bump the next less senior employee another position within the bargaining unit, provided unit for which an affected employee who has completed the person who wishes to bump possesses probationary period has the necessary skill, ability job performance, and qualifications to perform the work duties of the assignment as determined by the Employer. Any position, such qualified employee who chooses not scheduled to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall listshall be offered such vacancy in accordance with seniority. An The employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment new job. Such an employee shall be given a trial period of four (4) months to demonstrate a satisfactory level of competence in the new position. If the performance of such an employee is not satisfactory as determined by the University, he bumps intoshall be laid off with no further recourse to the bumping provisions herein outlined.
SECTION 4 Employees (e) Any employee who are laid off shall be placed on a recall list is selected for a layoff who has completed the probationary period of eighteen (18) months. Employees on a recall list shall be responsible for notifying may exercise his/her seniority to displace the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, less senior employee in an equal or lower rated classification in the inverse order of their layoffbargaining unit provided that the employee has the necessary, to the same assignment from which they were laid offskill, provided they are presently qualified job performance and qualifications to perform the work duties of the job assignment position with only a minimum training and learning period. An employee displaced by another employee under this section may exercise his or her seniority to which they are recalled.
SECTION 5 In the case of displace a long-term layoff, the recalled less senior employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified an equal or lower rated position in the noticebargaining unit, but only one such displacement will be permitted. Such displacement may be reviewed by the Union Representative, Employee’s supervisor, and the Chief Human Resources Officer or his designee.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When (a) In the Employer determines that event of a long-term layoff required reduction in the work force for whatever reason or job abolishment is necessarya reduction in an employee’s regularly scheduled hours by more than a cumulative total of five (5) hours per week within the past 12 months, the Employer shall notify will, before the affected employees fourteen (14) days in advance commencement of the effective date of notice period referred to herein, meet with the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees Labour Management Committee to discuss the impact method of any layoff implementation including the areas of bargaining unit cutback, the employees with representatives of the UMWAto be affected and alternatives to lay-offs.
SECTION 2 The (b) Where there is no specific term of employment, the Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of give all employees that who are to be laid offoff notice in accordance with the provisions of the Employment Standards Act, 2000 as amended from time to time, or pay in lieu thereof. All temporary, intermittent, probationary, and permanent part-time The Union shall also be provided notice equivalent to that of the affected employees, within .
(c) An employee declared surplus as the division and assignment designated result of a work force reduction for lay off, will be laid off before whatever reason may elect to claim another position based on their seniority at the same or lower paying classification in the bargaining unit membersprovided the surplus employee has the qualifications, ability, training and capability to perform the job being claimed. All such employees The surplus employee shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice inform the Employer of long-term layoff shall have their decision within five (5) calendar working days following of the receipt by personal service or certified mail delivery in which of notice of layoff whether they choose to exercise his their bumping rights or to accept the layoff. The Employer shall respond to the surplus employee’s decision and to the Union within five (5) working days. The surplus employee exercising this right will be placed at the same step of the wage grid that applies to that position as she/he was at in the surplus position. If that rate is lower than the employee’s current rate, the employee shall be red-circled at their current rate of pay.
(d) An employee whose position has been claimed by the above process shall be entitled to exercise similar bumping rights, if applicable, or be laid off to await recall as provided hereafter. An Employee in receipt of a layoff notice may:
(i) Elect to bump the next an Employee with less senior employee within the bargaining unit, seniority provided the person who wishes to bump possesses Employee exercising such right has the skillqualifications, skill and ability and qualifications necessary to perform the work normal requirements of the assignment as determined by job of the EmployerEmployee being bumped. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee An Employee so displaced shall be deemed to have been laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at entitled to notice in accordance with the rate layoff provisions of this Agreement;
(ii) Elect to accept layoff and maintain recall rights, subject to the assignment he bumps into.terms of this Agreement; or;
SECTION 4 (iii) Provided there are qualified Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying available to fill the Employer at vacancy created in the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalledAgency, in the inverse event of a layoff, shall offer Employees in order of their seniority the opportunity to accept a layoff, to relinquish recall rights and accept a separation allowance in accordance with the same assignment from which they were laid offEmployment Standards Act, provided they are presently qualified to perform the work of the job assignment to which they are recalled2000, as amended.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Collective Agreement
Layoffs.
SECTION 1 9.1 When the Employer determines that a long-term layoff or job abolishment is necessary, the Employer shall notify the affected employees fourteen thirty (1430) calendar days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 9.2 The Employer shall determine in which classification(s) and which work divisions and assignments section(s) layoffs or job abolishments will occur. Employees Within each classification affected, employees will be laid laid-off within that division and assignment beginning in order of seniority with the least senior and progressing to the most senior up to the number of employees that employee laid-off first. Employees who are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff dislocated from their classification shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his the right to bump the next (displace) any less senior employee within the bargaining unitemployee, provided the person who wishes to bump possesses the skill, ability and qualifications bumping employee is qualified to perform the work duties of the assignment as determined by the Employer. Any employee who chooses not classification to which he or she desires to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid displaced by this process shall have, in turn, the right to bump (displace) less senior employees in like manner, should any exist.
9.3 Laid-off employees shall be placed on a have recall list rights for a period of eighteen up to twenty-four (1824) months. Employees on a recall list shall be responsible for notifying months or their length of service with the Employer at Washington County Board of DD whichever is the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sentmore. If there is a recallrecall within the classification from which the employee was laid-off, employees remaining on the recall list shall be recalled, recalled in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified qualify to perform the work of the job assignment to which they are recalledwithout further training or certification.
SECTION 5 In 9.4 Notice of recall shall be sent to the case of a long-term layoffemployee by registered mail. The Employer shall be deemed to have fulfilled its obligation by mailing the recall notice by registered mail, return receipt requested, to the last mailing address provided by the employee.
9.5 The recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail receipt of the recall notice to notify the Employer of his intention to return to work and shall have ten fourteen (1014) calendar days following the mailing date receipt of the recall notice in which to report for duty, unless a later different date for returning to work is otherwise specified in the notice. Failure to return in fourteen (14) calendar days forfeits recall rights by the employee.
9.6 No new employees within a classification shall be hired until all laid-off employees within that classification having recall rights are recalled. Substitutes replacing regular employees off on approved leave are exempt from this prohibition. Failure to return in fourteen (14) calendar days forfeits recall rights by the employee.
9.7 Employees on layoff shall be given preference for substitute work in their classification. In the event that they decline an offer to work when called as a substitute on three (3) separate occasions while on layoff status, they shall lose such preference, unless illness is the reason for declining to work and such illness has been verified in writing by a physician. The three (3) days may be waived by the Superintendent. Employees accumulate no benefits while working as a substitute employee.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When A. The Employer will notify the Union and affected employees in writing of economic layoffs at least thirty days before layoffs take place, and the Employer agrees to actively explore with the Union all economic alternatives to the proposed layoffs. If after full exploration of the alternatives the Employer determines that a long-term layoff or job abolishment is necessaryto exercise economic layoffs, the Employer will first observe ▇▇▇▇▇▇▇ and Officer seniority preferences and will then use affirmative action and seniority criteria in determining Staff layoffs.
▇. ▇▇▇▇▇▇▇ & OFFICER SENIORITY: On request of the local, no more than two (2) elected Shop Stewards will be given preference at the time when layoffs take place. One elected Local Officer, upon request of the Local, will be given seniority preference at the time when layoffs take place in the Station in which he/she is employed. No more than three Stewards and Officers shall notify be subject to this provision.
C. If Employer determines economic layoffs in the affected bargaining unit are unavoidable and proposes to the Union that pay reductions be implemented to deal with the financial problems, and if employees fourteen (14) agree to such a proposal, the Employer agrees to reduce station Management salaries by the same percentage as Union Staff salaries. Management salaries shall not increase until the conditions of economic layoff are no longer in effect.
D. If the Union determines to grieve any such layoffs, it shall do so by filing a written grievance within three days in advance of after the effective date of the layoff or job abolishmentlayoffs. Employees will Any such grievance shall be notified initiated at Step 2 of the Employer’s decision grievance procedure. Employer will give individuals thirty days notice of layoffs or in lieu of such notice, thirty days pay.
E. Laid-off Paid Staff are entitled to implement any shortcontinue health benefits at no cost to the Staff person for 3 (three) months, or until other comparable part time or full time employment is found, whichever occurs first. Health benefits may continue for up to 18 (eighteen) months from termination at the expense of the laid-term layoffoff Paid Staff person. SECTION XVII RECALL
A. Before hiring new employees covered by this Collective Bargaining Agreement, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request the Employer shall recall all employees on layoff within the previous one year from the UMWA agrees work area in which the vacancy exists in order of their seniority. Employer will make every effort to discuss the impact of any layoff of bargaining unit recall employees with representatives of the UMWAinto their former jobs.
SECTION 2 B. The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid laid-off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying keeping the Union and/or Employer at the time informed in writing of layoff, and for keeping his/her current the address to which a recall notice, if any, shall be sentaddress. If there is within ten days of receipt of a mailgram to return to work, such laid-off employees have not informed the station Management in writing of her/his intent to accept the recall, employees Management shall deem the person to be recalled, in no longer available. After informing the inverse order Station Manager of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his his/her intention to return to work and work, the employee shall have ten (10) calendar do so within 16 days following of receipt of recall notice. Failing to observe the mailing date of above time limitations, such employee shall forfeit all rights to any job with the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the noticeEmployer.
Appears in 1 contract
Sources: Labor Contract
Layoffs. A. MICA recognizes the value of retaining qualified Employees and agrees with the Union that retaining them should be a significant factor in deciding how layoffs are managed. A layoff means a termination due to a reduction-in-force, reorganization, change in budget, the termination of College or grant funding, or other extenuating circumstances as declared by the College. A layoff is different than a temporary furlough. The College will notify the Union as soon as practicable before a decision to lay off Employees is implemented and notify the Union in advance of any reorganization or program termination or layoff affecting three (3) or more bargaining unit Employees (or an entire Department or office, regardless of size) and provide an opportunity to discuss how the resulting layoffs will be managed.
SECTION 1 When the Employer determines that a long-term layoff or job abolishment B. An Employee who is necessary, laid off the Employer shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-receive at least two (722) hours weeks’ notices or lesstwo (2) weeks of pay in lieu thereof.
C. MICA shall determine in which department or division and in which classification layoffs will occur, as soon as possiblebased on academic, programmatic, and/or operational needs. The EmployerWithin each department and classification affected, upon request from the UMWA agrees to discuss the impact of any layoff layoffs of bargaining unit employees with representatives shall occur based on MICA’s reasonable determination of each individual’s Knowledge, Skills, and Abilities (KSAs) that meet the academic, programmatic, and/or operational need of the UMWA.
SECTION 2 The Employer shall determine department, division or the College, in which work divisions relation to the employee’s ability to perform the essential functions and assignments layoffs or responsibilities of the job abolishments will occuras listed in the employee’s job description. Employees In situations where the individuals in the affected classification are relatively equal, based on the College’s reasonable judgement, in their comparative KSAs, the employees with the least seniority will be laid off within that division and assignment beginning with first. Upon request, the least senior and progressing to College will provide information on how the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated KSAs were evaluated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoffeach employee.
SECTION 3 Any employee receiving D. Seniority shall be defined as an Employee’s length of continuous service at MICA based on date of hire.
E. Employees who have received notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump under the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work provisions of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee this section shall be laid off eligible for and placed on a recall listlist for hiring preference for bargaining unit positions. An employee may only exercise bumping rights once during Laid-off Employees shall receive, for twelve (12) months following the date of notification of layoff, hiring preference for any layoff affecting a position. An employee who bumps pursuant to this article shall be paid open bargaining unit positions available elsewhere at the rate of College provided that they apply for the assignment he bumps intoposition and indicate their eligibility for hiring preference.
SECTION 4 1. In order to facilitate this provision, Employees who have received notice of layoff should create an online profile on MICA’s career site and opt in to receive notification of job postings, until such time as the Employee is hired into a vacant position.
2. The laid off Employee may reapply for any open position(s) through the normal recruiting process. The Employee’s KSAs (Knowledge, Skills, and Abilities) that are relevant to and needed for the position will be taken into account during the application review process and will be given fair and equal consideration as all other candidates. In the event that MICA determines that two or more candidates are equally qualified, preference will be given to the candidate(s) with prior MICA experience.
3. Laid off Employees who receive severance pay may exercise their hiring preference right after the severance period has expired, as described below.
F. Employees who are laid off shall be placed on a recall list entitled to receive all wages and any other benefits under the Agreement to which the Employee is entitled to by law. These payments and benefits shall be made in accordance with applicable law and the Employer’s practices and policies.
G. Employees may be eligible for a period of eighteen (18) monthsseverance package if laid off under the Article, which is different from a temporary furlough. Employees on To receive a recall list severance package, the laid off Employee must sign, not revoke, and comply with a full general release and separation agreement in a form provided by MICA, which shall be responsible provided to the Union (with an update if MICA makes any changes to that general release). Severance Package: • The Employee shall receive two (2) weeks of severance for notifying each year of service (up to a maximum of twenty-six (26) weeks) and less tax withholdings and other customary deductions; • Three months of healthcare, vision and dental coverage or the Employer cash equivalent (based on the Employee’s enrolled insurance level in the qualifying plan(s) at the time of layoff, ); • Payout for accrued and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order unused vacation; • Six months of their layoff, full access to the same assignment from which they were laid off, provided they are presently qualified EAP (Employee Assistance Program); and • Twelve months of continued access to perform the work of the job assignment to which they are recalledMICA College store 10% employee discount.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When 10:01 In the Employer determines that event of a longlay-term layoff or job abolishment is necessaryoff of a Full Time Civilian from the Kitchener Fire Department, the Employer following lay-off sequence shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoffapply, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing having regard to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skillqualifications, ability and qualifications skills necessary to perform the work of duties required.
a) Should a lay-off be effected the assignment as determined by last Full Time Civilian Communication Operator to enter shall be the Employerfirst Full Time Civilian Communication Operator to be laid-off and the last Full Time Civilian Communication Operator to be laid-off shall be the first recalled subject to Clause 9:03 and Clause 10:02. Any employee who chooses not Should a lay-off be effected the last Full Time Civilian Communication Officer to bump, or who does not possess sufficient skill, ability or qualifications enter shall be the first Full Time Civilian Communication Officer to bump another employee be laid-off and the last Full Time Civilian Communication Officer to be laid-off shall be the first recalled subject to Clause 9:03 and Clause 10:02
b) Should a lay-off be effected the last Full Time Civilian Mechanic to enter shall be the first Full Time Civilian Mechanic to be laid- off and the last Full Time Civilian Mechanic to be laid-off shall be the first recalled subject to Clause 9:03 and Clause 10:02.
c) Should a lay-off be effected the last Full Time Civilian Fire Safety Inspector to enter shall be the first Full Time Civilian Fire Safety Inspector to be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant the last Full Time Civilian Fire Safety Inspector to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period the first recalled subject to Clause 9:03 and Clause 10:02.
10:02 Upon receipt of eighteen (18) months. Employees on a recall list shall be responsible for notifying proper notification from the Employer at the time of layoff, and for keeping current the address to which a return to work after recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid lay-off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee former Full Time Civilian shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his their intention to return to active duty. Failure to return to work and shall have ten after an additional seven (107) calendar days following such notification shall result in the mailing date Full Time Civilian’s name being struck from the seniority list and the next in line of seniority shall be recalled. The Employer will send such notices by Registered Mail to the recall notice in which last known address provided to report for duty, unless the Employer by the Full Time Civilian. If a later date for returning laid off Full Time Civilian notifies the Employer within said seven (7) calendar days that they are unable to return to work is otherwise specified within the prescribed time for a legitimate reason, their name will not be struck from the seniority list. Their name, however, may be passed over and the next in line of seniority may be recalled. These time limitations may be extended for valid reasons, such as sickness, death in the noticefamily, accident or other legitimate reasons.
Appears in 1 contract
Sources: Collective Agreement
Layoffs.
SECTION 1 When the Employer determines that a long-term layoff or job abolishment is necessary, the Employer shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees provided with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the at least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date days’ notice (or pay-in-lieu-of-notice) in connection with any layoff in excess of the mailing by certified mail of the recall thirty (30) days. The Company will also provide notice to notify the Employer Union, including the reason for the layoff and the job classifications and employees affected.
(a) All layoffs will be conducted by job classification and the Company will only consider those employees within the affected job classification when determining which employees will be laid off.
(b) All probationary employees in an affected job classification will be reassigned, laid off or discharged before any employee with seniority is displaced.
(c) Seniority shall be the major factor considered by the Company to determine the order of layoffs. However, skill and ability to perform the work will be given consideration.
(d) The intent during reductions-in-force is to place employees with a minimum amount of displacement and disruption. Employees who are displaced from their job classification as a result of a reduction-in-force may, in lieu of layoff, be reassigned to any vacant position in the Erie Plant for which they are qualified. When such transfers are implemented in lieu of layoff, a reasonable training period will be allowed. Every effort will be made to transfer employees affected by reductions-in-force to vacant job classifications having an equal wage rate.
(e) The layoff procedure does not apply to short-term layoffs. Short-term layoffs of less than thirty (30) days may be implemented in any job classification without regard to seniority based upon business needs.
(f) An employee who has completed his intention to return to work and or her probationary period shall have ten recall rights five (105) calendar days following years from his or her layoff date. Laid off employees will experience a loss of seniority once their recall rights have expired.
(g) An employee who is laid off will not be required to reimburse the mailing date Company for any used but unaccrued vacation pursuant to Article XVII, Section 1(k) of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the noticethis Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When it becomes necessary for the Employer determines that a long-term layoff or job abolishment is necessaryto permanently reduce its work force, the Employer shall give as much notice as is practicable. In cases of such anticipated layoffs, written notice of layoff will be given at least thirty (30) days before such action is to become effective; except in cases of urgent and unexpected circumstances. Per diem nurses will not be regularly scheduled on units where regular nurses are on layoff.
10.5.1 Length of service shall be the determining factor for layoff and recall providing that the skills, competence and ability are considered equal in the judgment of the Employer.
10.5.2 Probationary nurses shall be laid off prior to full-time and part-time nurses.
10.5.3 Upon layoff, the names of such LPNs shall be placed on a reinstatement roster for a period equal to their length of employment not to exceed twelve (12) months from the date of layoff. An LPN shall be removed from the roster upon accepting regular employment, upon reemployment, upon refusal to accept regular work offered by the Employer, or at the end of the aforementioned period. It shall be the nurse's responsibility to keep the Employer informed of his/her status.
10.5.4 When a vacancy is to be filled from the reinstatement roster, the order of reinstatement will be in the reverse order of layoff; providing skill, competency and ability are considered equal in the judgment of the Employer. Subject to the above qualifications, LPNs on layoff shall be entitled to reinstatement prior to any LPN being newly hired. Any recall of LPNs out of seniority will be communicated to the Union. Upon reinstatement from such roster, the LPN shall have all previously accrued benefits and seniority restored. This section shall not apply to LPNs on probationary status.
10.5.5 The Employer will notify the affected employees fourteen Union at least thirty (1430) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term an anticipated layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact and will furnish a seniority roster and a list of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are those LPNs to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Employment Agreement
Layoffs.
SECTION 1 When the Employer determines that a long-term layoff or job abolishment is necessary, the Employer shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees provided with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the at least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date days’ notice (or pay-in-lieu-of-notice) in connection with any layoff in excess of the mailing by certified mail of the recall thirty (30) days. The Company will also provide notice to notify the Employer Union, including the reason for the layoff and the job classifications and employees affected.
(a) All layoffs will be conducted by job classification and the Company will only consider those employees within the affected job classification when determining which employees will be laid off.
(b) All probationary employees in an affected job classification will be reassigned, laid off or discharged before any employee with seniority is displaced.
(c) Seniority shall be the major factor considered by the Company to determine the order of layoffs. However, skill and ability to perform the work will be given consideration.
(d) The intent during reductions-in-force is to place employees with a minimum amount of displacement and disruption. Employees who are displaced from their job classification as a result of a reduction-in-force may, in lieu of layoff, be reassigned to any vacant position in the Erie Plant for which they are qualified. When such transfers are implemented in lieu of layoff, a reasonable training period will be allowed. Every effort will be made to transfer employees affected by reductions-in-force to vacant job classifications having an equal wage rate.
(e) The layoff procedure does not apply to short-term layoffs. Short-term layoffs of less than thirty (30) days may be implemented in any job classification without regard to seniority based upon business needs.
(f) An employee who has completed his intention to return to work and or her probationary period shall have ten recall rights five (105) calendar days following years from his or her layoff date. Laid off employees will experience a loss of seniority once their recall rights have expired. (TA 06/06/23)
(g) An employee who is laid off will not be required to reimburse the mailing date Company for any used but unaccrued vacation pursuant to Article XVII, Section 1(l) of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the noticethis Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs. 27.1 Whenever an employee covered by this Agreement is laid off for lack of work or lack of funds, affected employees shall be given notice of layoff as follows:
SECTION 1 27.1.1 When classified positions must be eliminated as a result of the Employer determines that expiration of a long-term layoff or job abolishment is necessaryspecially funded program, the Employer District shall notify the affected employees fourteen employee(s) in writing no later than sixty (1460) days prior to any anticipated layoffs.
27.1.2 When classified positions must be eliminated due to a reduction in advance services or lack of funds other than those of a specially funded program, the Superintendent shall notify the affected employee(s) and Board of Trustees in writing not later than March 15th of the effective date college year. The layoff shall proceed in accordance with Education Code Section 88017.
27.1.3 Notice of termination shall be given on or before May 15th of the layoff or job abolishment. Employees will be notified college year with final notice of the EmployerBoard’s decision to implement any short-term layoffdetermination, lasting seventy-two (72) hours or less, as soon as possibleunless extended by a continuance. The Employer, upon request from layoff shall be effective the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives last workday for that position of the UMWAcollege year. If the governing board of the community college does not give notice of termination as required by law, a permanent employee shall be deemed reemployed for the ensuing college year.
SECTION 2 The Employer 27.2 All employees in an acting capacity shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing first before any probationary employees are laid off.
27.3 Any probationary employee who had permanency in another class covered by this Agreement shall be returned to the most senior up to class in which permanency was attained, replacing the number of employees last person hired in that are to be laid offclass with less seniority. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will probationary employees in a class shall be laid off before bargaining unit members. All such employees shall remain any permanent employee in layoff status while any bargaining unit member the class is on layofflaid off.
SECTION 3 Any 27.4 The order of layoff within the class shall be determined by the total number of hours worked. The employee, who has worked the least number of hours in class, plus higher classes, shall be laid off first. Re-employment shall be in reverse order of layoff so that employees with highest seniority shall be re-hired first. Hours worked shall not be interpreted to mean any service performed prior to entering into probationary status or to any hours worked on over- time. Subsequent layoffs shall continue in that order.
27.5 Employees laid off have displacement rights (which must be calculated for each individual). The first right is to move into the position occupied by the employee receiving notice with the least seniority in class. If the person laid off is least senior in the affected class, that person may displace into a lower class in which he or she had attained permanency, displacing the least senior in the class.
27.6 A re-employment list shall be established and maintained for thirty-nine (39) months. Names of long-term layoff employees laid off from the District shall be placed on the list in reverse order of layoff. Employees who have accepted voluntary reduction in hours or classification shall have an additional twenty-four (24) months (for a total of sixty-three (63) months) of reemployment rights.
27.7 Employees on the reemployment list must be willing to accept reemployment in class within five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump after notification of the offer. If the offer is declined, the next less senior employee within person on the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee list shall be laid off and placed on a recall listcalled. An employee may only exercise bumping rights once during any layoff affecting a positiondecline three (3) offers of reemployment. An After the third refusal, no additional offers need be made unless the employee who bumps pursuant requests, in writing, that he or she wishes to this article shall be paid at the rate of the assignment he bumps intoreactivated.
SECTION 4 Employees who are laid off 27.8 When an employee accepts reemployment, absence because of layoff shall be placed on not constitute a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, break in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalledservice.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs. Formatted: Indent: First line: 0"
SECTION 1 When 5.1 Employees may be laid off due to adverse financial circumstances; reallocation of resources; reorganization of administrative structures, programs, or functions; curtailment or abolishment of one or more programs or essential functions; or shortage of work. In the Employer determines that event of a longreduction-term layoff or job abolishment is necessaryin-force, FIU will consider a number of relevant factors in determining selections for layoff, the Employer public interest being of prime importance. Factors to be considered include: Bargaining unit employees may be laid off due to adverse financial circumstances; reallocation of resources; reorganization of administrative structures, programs, or functions; curtailment or abolishment of one or more programs or essential function; or shortage of work.
5.2 As between two employees, if one and two above are relative equal, then seniority shall notify ▇▇▇▇▇▇▇.▇▇ the event of layoff, temporary employees (formerly referred to as OPS employees) within the same classification as the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed first, followed by bargaining unit employees on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalledprobation, in the inverse order of their layoffseniority. Remaining bargaining unit employees will be laid off in the inverse order of seniority.
5.3 As determined by FIU, layoffs may be confined to a department(s) or any other organizational subdivision of FIU.”Seniority” will be defined as continuous service within the job code in which the layoff will occur. Temporary service (e.g., as an FIU OPS employee) held by a bargaining unit employee shall not be counted toward seniority.
5.4 Laid-off employees shall have recall rights only to the positions that the employees held immediately prior to being laid off within the bargaining unit. Recall rights are limited to one (1) year following the layoff. During this period, no new employee will be hired by the layoff unit for the position that the affected employee had previously held until the laid-off employee has been offered and rejected the recall.If more than one bargaining unit employee has the same assignment from seniority, the following factors shall be considered to determine which they were bargaining unit employee will be laid offoff first:
(a) Training, provided they are presently qualified to perform relevant experience and position (including certifications and academic degrees)
(b) The nurse’s overall performance/disciplinary record during the work of the job assignment to which they are recalledpast 24 months.
SECTION 5 In the case of a long-term layoff, the recalled 5.5 Any employee shall have seven (7) calendar days following the date of the mailing by certified mail of the offered recall notice to notify the Employer of his intention at his/her last known address must contact FIU and agree to return to work within twenty-one (21) calendar days or forfeit all recall rights.The University shall notify FNA on the same day following the notification to the bargaining unit employee(s).
5.6 The bargaining unit employee shall be given a notice period of four(4) weeks after one year of employment, plus two (2) weeks for every year thereafter, up to a maximum of twelve (12) as wages in lieu of notice.
5.7 As determined by FIU, layoffs may be confined to a department(s) or any other organizational subdivision of FIU.
5.8 The laid-off bargaining unit employee shall have recall right to the positions that the bargaining unit employee held prior to being laid off within the bargaining unit if the position is available and if that employee qualifies for that position. Recall rights are limited to one (1) year following the layoff. During this period, no new bargaining unit employee will be hired by the layoff unit for the position that the affected bargaining unit employee has previously held until the laid-off bargaining unit employee has been offered and rejected the recall. Should the bargaining unit employee that was laid-off reject the recall position, that person shall not be eligible for any future recall positions and shall have ten waived his/her recall right thereafter.
5.9 Any bargaining unit employee offered recall at his/her last known address must contact FIU and agree to return to work within twenty-one (1021) calendar days following the mailing date of the or forfeit all recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the noticerights.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When Section 1: The Village shall have the Employer determines that a longright to determine the means of effectuating layoffs. The Village may impose general across-term layoff or job abolishment is necessarythe-board layoffs, the Employer shall notify the affected employees fourteen (14) days in advance potentially affecting all members of the effective date Bargaining Unit equally, regardless of classification. The Village may impose layoffs which may impact specific classifications only or other layoff formats that the Village chooses in order to operate and manage its affairs in all respects. When in the sole discretion of the layoff or job abolishment. Employees Village layoffs will occur, they will be notified of accomplished in the Employer’s decision to implement any shortfollowing manner: Full-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining time unit employees with representatives of the UMWA.
SECTION 2 The Employer members on probationary status shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division first and assignment beginning with in the least senior inverse order of hire (i.e. latest date of hire first); and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent partFull-time employees, within the division and assignment designated for lay offin affected classifications, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their seniority if they have equal skill, qualifications and performance evaluations. However, employees who have greater skills, qualifications and/or superior performance evaluations and fewer or no disciplinary actions taken against them over the past year, may be retained over employees with greater seniority. Bargaining unit employees currently employed in the existing positions/titles listed in Exhibit A will retain their full-time status for the term of this agreement. The Village also recognizes the employees’ need for reassurance of job security and will work diligently to reduce the likelihood of layoffs for the term of this Agreement. The Village cannot guarantee the employment of any bargaining unit employee. However, the Village will make a good faith effort and will work diligently to avoid layoffs of bargaining unit employees during the term of this agreement. The protection of full time status provided for in this paragraph shall not prevent the Village from exercising its discretion to layoff employees.
Section 2: In the event the Village chooses to impose layoffs impacting specific classifications, the Village recognizes the potential that unit members may be subject to layoff even though they have a level of skill and training in excess of unaffected employees engaged in another classification. Therefore, whenever the Village imposes any specific classification(s) layoff(s) the following procedures shall apply:
(1) Any full-time unit member designated to be laid off shall have the right to "bump" the least senior full-time probationary unit member in an initial probationary status classification, in another job classification, provided that the employee has a level of skill and training in excess of such employee(s) as determined by the Department Heads and the Village Manager.
(2) In the event there are no full-time unit members in or remaining in an initial probationary status category, the full-time unit member designated for layoff shall have the right to "bump" or transfer the layoff to a full-time unit member having less merit than the unit member designated for layoff. Determination of merit will include an analysis of factors such as length of service, job knowledge, skills and abilities, and the needs of the Village, as determined by the Department Heads and the Village Manager.
Section 3: Laid off unit members who are qualified for an existing opening in a position of equal or lesser status to their previously held position will be recalled for up to six (6) months from the time they are laid off. Laid off unit members shall be recalled on the same assignment from basis in which they were laid off. In the event of a recall, provided they are presently qualified the Village shall notify the unit member by certified mail, return receipt, of such recall and give the unit member five (5) days to perform reply. It is the work responsibility of the job assignment unit member to which they are recalledkeep his/her current address on file with the Village. No position shall be held open for a unit member for more than five (5) days after he/she has received the Notice of Recall.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When the Employer determines that a long-term layoff or job abolishment is necessary, the Employer shall notify the affected employees fourteen (14) days in advance 19.1 The Board of the effective date of Directors will approve the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff employee. Notice of bargaining unit not less than two weeks shall be provided to employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within While the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his District reserves the right to bump the next less senior employee within the bargaining unitdetermine positions to be eliminated, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment layoffs shall be determined as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another follows:
a. No permanent employee shall be laid off within a job classification until all probationary employees (in their first six months of District employment) in such classification have been laid off.
b. Within a job classification where a position(s) are going to be eliminated, the least senior employee within that classification shall lose the position. For the purpose of determining seniority in this section (b), all service to the District in that job classification will be counted.
c. Any employee to be laid off who has experience in a lower-paid classification within that employee's same job category, and who has more seniority than another employee in the lower paid classification, can bump into that classification. For the purpose of determining seniority in this section (c), all service to the District in that job category will be counted.
d. Any employee to be laid off after (b) and (c) have been followed may retreat to a position formerly held in a different job category if the employee has more total seniority than another employee in that category. For the purpose of determining seniority in this section (d), all service to the District in an equal or higher paying job will be counted.
e. Notwithstanding (a)-(d) above, the District reserves the right to layoff out of order of seniority if retention of special job skills is required. If the District applies this section to a layoff out of order of seniority it will notify the Association in writing. This notification shall include what special job skills are required and an explanation of why. The notification will be sent to the Association prior to the notification of layoff. If the Association does not believe that the job skill explained in the notification meets the understanding of the parties as to what a special job skill is, the Association may use the grievance procedure to challenge this decision, and the arbitrator shall have the authority to overturn the decision to lay off out of order of seniority.
f. Employees laid off at the end of the school year shall receive insurance benefits through the end of August; employees laid off during a mid-year period shall receive insurance benefits through the end of the month in which they are laid off.
19.2 When all members of a classification are laid off as a result of complete elimination of that type of service, or when an employee is no longer physically able to perform the requirements of his/her job as a result of a job-related injury or illness, employee(s) in that situation shall meet with the Human Resources Department to provide information about their skills so that the Human Resources Department may determine what other classifications they are qualified to fill. They may subsequently submit additional information to the Human Resources Department about changes in their qualification for other classifications. If the employee does not have bumping rights under 19.1(a) to (f) above, then the employee shall be placed in or recalled to any vacancy he/she is qualified to fill. Total District seniority shall apply to recall rights.
19.3 A layoff shall be defined as the reduction of the entire position held, or a reduction in hours greater than 30 minutes or a reduction that causes loss of eligibility for these benefits: vacation, insurance, or PERS. It shall be a layoff if eligibility for negotiated insurance premiums is reduced from 100% negotiated premiums to 50% negotiated premiums or from 50% negotiated premiums to no negotiated premiums. Hours that are added to an employee's schedule on a recall listlimited term basis (i.e., for an experimental program or short-term need, for a maximum of 10 months) and clearly identified as limited term hours, may be deleted without becoming a "layoff." Involuntary reduction in hours shall be cumulative from year to year beginning with 1993-94. An When an employee may only exercise bumping loses enough time to exceed 30 minutes of his/her original hours, the rights once during any layoff affecting a position. An employee who bumps pursuant to of this article shall be paid at the rate of the assignment he bumps intoapply.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When Section 20.01 Layoffs due to retrenchment or curtailment in operations by the Employer determines that a long-term layoff or job abolishment is necessary, Company shall be in inverse order of seniority within each Job Classification. The Company will provide the Employer shall notify the affected employees fourteen Union with sixty (1460) days advance notice of major technological changes and/or changes in advance methods of operations which will have an affect on bargaining unit work force levels.
Section 20.02 Layoffs under this Article may, at the discretion of the effective date of Company, be confined to one or more Job Classifications. Layoffs need not apply to all Job Classifications at the layoff or job abolishmentsame time, but contract workers in any Job Classification shall be laid off before any employees in that Job Classification. Employees will be notified of the Employer’s decision to implement any shortOccasional, Temporary, Part-term layoff, lasting seventyTime and Regular Part-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit Time employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within in the order stated prior to the lay-off of any regular full time employee in that division Job Classification. It is further agreed that employees in the Central Office Attendant job classification will be placed on layoff prior to any force reduction in the Network Technician job classification. In the event of a pending layoff, the Company will provide the Union and assignment beginning employees affected by layoff with thirty (30) days advance notice of the layoff. Senior unaffected employees will be permitted to volunteer for layoff and multiple requests will be granted in descending seniority order. During this thirty (30) day period, the Company will attempt to provide employment opportunities to employees who have received layoff notices, provided they are qualified to perform the job duties because of training or previous work experience. In lieu of such notice, the employee will be paid four (4) weeks' pay at the employee's basic weekly wage rate in addition to the employee's allotted severance allowance.
Section 20.03 An employee who is about to be laid off may request a transfer to another job in the bargaining unit in accordance with the following guideline:
a. The job is vacant and at the Company's option will be filled or the incumbent employee has less company service than the transferring employee. Company service is defined as the System Service date reflected in the employee's current EIR.
b. Transfers may only occur on a lateral or downward basis as determined by the maximum wage rates for the wage schedules involved.
c. The transferring employee has had previously recognized experience in Embarq in the job to be filled and was fulfilling the basic requirements of the job when he/she previously vacated the position. A senior employee in the Customer Service Technician I job classification may displace a less senior employee in the Business Communication Technician I job classification. A senior employee in the Field Engineer job classification may displace a less senior employee in the Facilities Layout Technician job classification. A senior employee may displace a less senior employee in the Central Office Attendant, Coin Collector, Custodian, Material Handler or Premise Installer classification, provided the employee is capable of performing the job duties without physical restriction. A senior employee may also displace a less senior employee in the Business Office Clerk, Plant Clerk or Service Center Clerk job classification provided the employee is capable of performing the job and meets the qualifications for the position as indicated in the Job Posting Appendix. A senior employee in the Equipment Installer job classification may displace a less senior employee in the Network Technician job classification. A senior employee in the IS Technical Services Technician job classification may displace a less senior employee in the Business Communications Technician job classification. A senior employee in the Customer Services Technician II or Business Communications Technician job classification may displace a less senior employee in the Customer Services Technician I job classification. A senior employee in the Cable Splicer job classification may displace a less senior employee in the Lineworker job classification, providing they meet the provisions of 20.03d.
d. The transferring employee can perform, in the judgment of the Company, the basic requirements for competence in the job without formal training or physical restriction.
e. In all cases, the most senior employee requesting transfer must displace the least senior and progressing employee in the occupational classification to which he/she is requesting transfer. Multiple requests to displace the same incumbent shall be granted on a seniority basis, providing all elements of Section 20.03 are met by all employees requesting transfers.
f. Employees affected by work force reduction who elect not to transfer, shall be separated without loss of recall rights or severance pay.
g. Employees requesting transfer in order to avoid work force reduction must provide written notification of their intent to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, Company within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work force reduction notification. Management shall review their request to determine compliance with Section 20.03 and shall advise the employee of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order status of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have transfer request within ten (10) calendar days following the mailing date layoff notification. Employees not complying with the time frames or not electing to transfer, may not elect to transfer after the expiration of the five (5) calendar day decision period specified in this section.
h. Employees who are displaced will be given notice as specified in Article XX and may, if applicable, exercise their transfer rights under the provision of this policy.
i. Employees, who are displaced from a job classification where subcontractors are being utilized, will be retained on a temporary basis during their recall notice period as long as contractors are being utilized in that classification.
Section 20.04 Reinstatement shall be offered within each Job Classification before new employees are hired in such Job Classification. The Company will offer reinstatement to those employees who were laid off in each Job Classification, or who were designated for layoff and were transferred from that job classification through a job bid following a layoff announcement in the inverse order of seniority in which they were designated for layoff. Refusal by an employee to report accept reinstatement to the pre-layoff position will relieve the Company of the obligation to offer such future reinstatement to that employee.
Section 20.05 The Company shall send a certified letter of availability to employees due for dutyreinstatement under the provisions of this Article. The letter shall be mailed to the employee's last known address. Any such laid off employee must respond and be available for work within fourteen (14) days after the mailing of notification; otherwise, unless the laid off employee shall be deemed to have refused reemployment, and the Company's obligation under this Article shall be terminated. There will be a later date fifteen (15) month time limit on the period of recall for returning laid off employees. It shall be the responsibility of the laid off employee to work is otherwise specified in inform the noticeCompany of change of address. Former employees who are not subject to recall under this Section may apply for employment with the Company. When an opening occurs, former employees will be given special consideration for reemployment, based on qualifications.
Section 20.06 Regular full-time and regular part-time employees laid off under this Article shall receive a layoff allowance computed on the employee's regular rate of pay as follows:
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs. a. In the event layoffs (reduction in force) are made pursuant to Article 3 of this Agreement, such layoffs shall be based on the inverse order of seniority as provided in the Fire Department seniority list. Dismissals hereunder shall be on a classification seniority basis so that employees with the least seniority shall be laid off first. Provided however that employees laid off in the classifications of Fire Captain, Fire Engineer, and Fire Investigator II and I shall have the right to "bump" employees in the lower classification having less seniority and in which such Fire Captain, Fire Engineer, and Fire Investigator II and I had held status; and provided further that employees laid off in the classifications of Senior Fire Prevention Officer and Fire Prevention Officer I/II shall have the right to "bump" employees in the Fire Prevention classifications having less seniority and in which such Senior Fire Prevention Officer or Fire Prevention Officer I/II had held status. Classification seniority for the purpose of bumping shall be based on the date of appointment to the lower classification to which an employee has bumping rights. For those classifications which have flexible staffing as defined in the Civil Service Rules and provided for in the classification specifications, classification seniority shall be defined as the effective date of probationary appointment to the lowest classification in the classification series. No employee shall have bumping rights into a classification from which he/she has been demoted. An employee who bumps to a lower classification shall be assigned to a fire station as determined by Fire Administration.
SECTION 1 When b. An employee may accept layoff in lieu of the Employer determines that opportunity to bump by notifying the Office of Labor Relations within forty-eight (48) hours of receiving notice of layoff. Where the employee accepts a long-term layoff or job abolishment is necessaryin lieu of a bump, said employee shall forfeit all recall rights except to a vacancy within the same classification from which the employee was laid off.
c. In the event of a layoff, the Employer City shall notify the send by certified mail a layoff notice to all affected employees employee(s). Such notice shall be postmarked at least fourteen (14) calendar days in advance of the effective date of layoff. Such layoff notice shall be mailed to the employee's address currently printed on the employee's paycheck and shall be deemed appropriate notice. The employee(s) who is on a paid or unpaid leave shall be affected by the layoff in accordance with the provisions of this Article in the same manner as all other employees. However, the employee who is on sick leave or job abolishment. Employees will be notified injury-on-duty status on the date of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer notice shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will not be laid off within or downgraded until the employee returns to work; except that division the effective date for recall purposes shall be the date of layoff as stated on the layoff notice.
d. Employees laid off shall be paid sick leave, vacation, holiday accrual, longevity, and assignment beginning with similar benefits per applicable ordinances and rules. Employees being recalled who received a sick leave payoff at the least senior and progressing time of layoff, shall have the uncompensated portion of their sick leave balance restored; provided, however, that only those sick leave hours accrued after recall shall be applied to sick leave payoff related to a subsequent termination. Employees laid off who are enrolled in City insurance programs may continue elected coverage limited to the most senior City's medical and dental plans for a period up to six (6) months by advanced personal remittance for each month's total premium for the number cost of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-such coverage at the time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on of layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have e. When vacancies occur within five (5) calendar years thereafter, such reduced and/or laid off employees shall be given the opportunity to be rehired or advanced to their former classification from the established layoff eligibility list on the basis of seniority and prior to the employment of any new employees; provided, however, that such reduced or laid off employees meet the physical and other qualifying standards in effect at the time they had been previously appointed to the classification into which they seek to be returned. When a recall list exists and an employee is on a reinstatement list due to a medical leave of absence, the employee will be merged with employees on the established layoff eligibility list based upon seniority. If any such reduced or laid off employees fail to report for duty within thirty (30) days following receipt after the mailing to him/her of a written notice by personal service or certified registered mail delivery in which to exercise his the last known address, he/she shall lose his/her right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, be rehired or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps intoadvanced hereunder.
SECTION 4 f. Employees who are laid off in the classifications of Fire Captain, Fire Engineer, Fire Investigator I and II, Senior Fire Prevention Officer, Fire Prevention Officer I and II, and Firefighter shall be placed on have a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer physical examination prior to, or at the time of layoff, and for keeping current the address to which a recall noticeupon his/her recall, if anyin excess of six (6) months. If the employee's physical condition at the time of layoff is such that it does not require termination or retirement, the employee being recalled shall meet the same physical condition which he/she was in, as judged by a physical examination, at the time of layoff. The employee laid off or recalled may appeal any adverse decision by presenting to the Department of Human Resources the written opinion of another physician which contradicts the findings and conclusions of the City physician. The cost of this second medical report shall be sentborne entirely by the employee. If there is Upon receipt of a recalltimely appeal in proper form, employees the Department of Human Resources shall refer the matter to a third physician mutually agreed upon by the employee and the Department of Human Resources. The decision of the third physician shall be recalledfinal and binding. The cost of the third medical examination shall be borne by the City. The Director of Human Resources may, upon recommendation of any of the above-mentioned physicians, grant a reasonable period in which to clear up, cure, or remove any condition which is temporary or curable in nature.
g. An employee who voluntarily demotes shall have no bumping or recall rights to the classification from which he/she demoted.
h. A probationary Firefighter who is recalled within six (6) months from the date of layoff shall be required to serve the balance of the probationary period. A probationary Firefighter who is recalled between six (6) months and twenty-four (24) months from the date of layoff shall be required to serve the balance of the probationary period or a six (6) month probationary period, whichever is greater. A probationary Firefighter who is recalled between twenty-four (24) months and within five (5) years from the date of layoff shall be required to serve a new probationary period of twelve (12) months.
i. Probationary employees in the inverse order classifications of their layoffFire Captain or Fire Engineer who are laid off or downgraded in lieu of layoff shall be recalled the same as permanent career employees in the classification, pursuant to subsection (e) above.
j. When a laid off or downgraded probationary employee in the classification of Fire Captain or Fire Engineer is recalled to the same assignment classification from which they were he/she was laid off, provided they are presently qualified to perform if the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the employee is recalled employee shall have seven within six (76) calendar days following months from the date of layoff, he/she shall be required to serve the mailing by certified mail balance of the recall notice probationary period; if recalled between six (6) months and twenty-four (24) months from the date of layoff, he/she shall be required to notify serve the Employer balance of his intention the probationary period or three (3) months, whichever is greater; and if recalled between twenty-four (24) months and within five (5) years from the date of layoff, he/she shall be required to return to work and serve a new probationary period of six (6) months.
k. The City or the Union shall have ten (10) calendar days following the mailing date right, at any time during the term of the recall notice in which this Agreement, to report for duty, unless initiate discussions on possible alternatives to layoff to correct any adverse impact a later date for returning to work is otherwise specified proposed layoff would have on minorities and women employees in the noticeUnit. If such discussions are initiated but the parties fail to reach agreement, the present layoff procedure shall continue in full force and effect.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs. Employees on layoff shall be given the option, in accordance with their seniority, of accepting employment within their classification in another center in the immediate area before new employees are hired. Employees accepting such employment in another center shall be placed at the bottom of the center’s seniority list. When work becomes available on a regular basis in the original center, said employee shall be offered the opportunity of returning to the original center and retaining their original seniority date. In the event no job openings in their classification are available, employee(s) on layoff shall be afforded the following two choices, one of which may be exercised at the sole discretion of the laid off employee.
SECTION 1 When (1) The employee on layoff shall be afforded the Employer determines that a longopportunity to displace the least senior part-term layoff or job abolishment is necessarytime employee within their facility. In this case, the Employer full-time qualified seniority employee shall receive the appropriate part-time daily guarantee at the appropriate part- time rate of pay in accordance with their seniority in addition to maintaining their appropriate full-time benefits.
(2) The employee on layoff shall be afforded the opportunity to displace the least senior part-time employee on two (2) separate shifts within their facility and the shifts shall be consecutive when- ever possible. In this case, the full-time qualified seniority employ- ee shall receive the appropriate full-time guarantees at the appropri- ate part-time rate of pay in accordance with their seniority in addition to maintaining their appropriate full-time benefits. The employee, once selecting their layoff option may not change their selection for the duration of that current lay off, except when an employee has been laid off for a minimum of four (4) consecu- tive weeks, they shall have a one (1) time opportunity to change their selection for the duration of the layoff. Any employee request- ing a change to their layoff choice, shall notify the affected employees fourteen company, in writing, a minimum of one (141) days week prior to the start of their new choice. When work becomes available on a regular basis in advance of the effective date of original center, the employee must return and retains their original seniority date. Upon request, the Company will provide the Local Union with rel- evant layoff or job abolishmentinformation. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be Any laid off within that division and assignment beginning with the least senior and progressing package car driver or combination employee who chooses to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent displace one (1) part-time employees, within the division and assignment designated for lay off, will inside employee shall also be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which able to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications their seniority to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid offexception air delivery, provided they are presently qualified to perform the work of the job assignment to which they are recalleddo so.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Layoffs.
SECTION 1 When Seniority is based on time in the Employer determines bargaining unit for layoff purposes. Seasonal employees may be used by the Town to supplement the work force, but no part-time or seasonal employee shall be employed while employees of the unit are on layoff status. The Town agrees that a long-term layoff or job abolishment is necessaryit will not subcontract work for the purpose of laying off employees. Further, the Employer shall notify Town will make every effort to recall employees from layoff whenever the affected employees fourteen (14) days in advance duration and nature of the effective date of work to be done makes it practical to do so. For all classifications (positions) within the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit (as set forth in the Recognition Clause) layoffs shall be made within each employee’s classification in the reverse order of seniority, provided always that the retained employee is capable of performing the available work. In the event of layoff for lack of work, probationary employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid offfirst. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee For all classifications within the bargaining unit, the employee affected shall have the right to displace the least senior employee within the classification. For a period of two (2) years the affected employee shall have the right to be recalled to the classification from which he/she was laid off, if a position should become vacant or be reinstated, or to a position in a lower classification. The choice of employees to rehire shall be based upon seniority’ provided the person who wishes to bump possesses employee can, in the skilljudgment of the Town, ability and qualifications to satisfactorily perform the work of the assignment as determined by the Employeravailable work. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee No person shall be laid off newly employed in a classification that includes personnel on that recall list until all persons on the recall list have been notified by certified mail sent to the employee’s last known address and placed on a recall listsuch persons either are offered re-employment or decline such re- employment offer. An employee may only exercise bumping rights once during any layoff affecting a positionIt shall be the employee’s responsibility to notify the Town of his current address. An employee who bumps pursuant to this article shall be paid at the rate declines an offer of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, re-employment in the inverse order same classification as previously employed shall forfeit recall rights. Failure to respond in writing to a notice of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have an opening within ten (10) working days after mailing thereof shall be deemed a refusal to accept re-employment. Returning employees must return to work within thirty (30) calendar days following from the mailing date of mailing of the notification. Members of the bargaining unit whose names are on the recall notice in which list will be notified of opportunities for temporary part-time or seasonal employment. No new employee shall be hired for a temporary part-time or seasonal position until all employees and the recall list have had an opportunity to report decline. Notification of opportunities for dutysuch employment shall not constitute recall, unless a later date for returning to work is otherwise specified in the noticeand no employee shall forfeit rights by declining such employment.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When the Employer determines that (A) Layoffs and displacements may occur as a long-term layoff result of lack of funds and/or lack of work or job abolishment is necessaryor job redesign. In any such event, layoff and recall will be in accordance with the Employer shall notify Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible.
(B) The City will provide CODE with a copy of the affected employees fourteen (14) “Layoff Statement of Rationale” at least 30 days in advance of prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or job abolishmentdisplacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission.
(C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position.
(D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be notified displaced. In no case will an employee “bump” another employee with more retention points.
(E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff.
(F) In the event of any changes in state law affecting this Article 10, the Employer’s decision changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possiblenotify the other party of their objection. The Employerparties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, upon request from the UMWA then state law prevails.
(G) The City agrees to discuss provide CODE representatives a minimum of sixty (60) days notice and the impact of opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of bargaining unit employees with representatives of the UMWACODE members.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When layoffs are to be made, such layoffs shall proceed in inverse order of Company seniority within job functions affected: said job functions are listed in Article Employees about to be laid off from one job function who have the Employer determines occupational qualifications in another job function, may apply their seniority and revert to such other No employee is to be displaced by a more senior employee unless the latter possesses the occupational qualifications to perform the job filled by the employee with less seniority. It is understood and agreed that an employee with the qualifications may require a long-term layoff or job abolishment is necessary, certain period of familiarization (i.e. four (4) weeks) in the Employer shall notify new classifications. The Company advise the affected employees fourteen employee and the Union at least four (144) days weeks in advance of the effective date proposed layoff, or such length of time as prescribed by or in lieu of such notice shall pay the layoff or job abolishmentemployee laid off four (4) weeks’ salary, plus accrued vacation pay. Employees laid off and deemed terminated pursuant to any statute, will receive severance pay equal to one (1) week’s pay for each year of continuous service, up to a maximum of twelve (12) weeks’ salary. respect to incomplete years, the severance pay shall be notified of on a prorated calculated to the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possiblenearest month. The Employerseverance payment shall be deemed to include any severance required pursuant to any statute. While an employee is laid off, upon request from the UMWA agrees to discuss Company will continue the impact group health and benefit paymentsfor the period of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid lay-off within that division and assignment beginning with the least senior and progressing to the most senior up to the number a maximum of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service months or certified mail delivery until the employee is eligible for benefits at the new place of employment. Group benefits are defined as health, dental, group life and accidental death and insurance. A job function, as set out in which Article and its corresponding'senior" designation shall beconsidered one and the same job function for the purposes of determining seniority in the event of lay-off. Employees who revert to exercise his right to bump a lower job group at their own request and whose is higher than the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work maximum of the assignment as determined by lower group, shall continue to receive the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee higher salary which shall be laid off frozen (red-circled) until such time as the salary in the lower rated job reaches the employee's salary and placed then such employee will proceed on the salary scale in accordance with Article In addition, if the employee's salary is lower than the maximum of the lower group, their salary shall be frozen until their next anniversary date at which time they shall move to the closest higher step on the salary of the lower rated job. PA Employees who bump into a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article higher group shall be paid at a rate within the new group closest to, but not less than, their rate of pay prior to the assignment he bumps into.
SECTION 4 Employees bump. When full-time vacancies occur. the Company agrees to recall, in the order of Company seniority, former employees who are have been laid off for a period not exceeding twelve (12) months, provided the employee possesses the occupationalqualifications to fill the vacancy. In addition, employees with one (1) or more years of seniority at the time of the layoff, shall be placed on a entitled to recall list for a period of eighteen months the date of layoff provided they notify the Company in writing of their continued desire to be recalled. In the event that the Company and the Union do not agree on the occupational qualificationsof the employee in the matter will be subject to the grievance procedure. The Company further agrees to give preferentialconsideration to the of such former employees who had at least one (1) year of Company seniority and who have been laid off for a period exceeding eighteen (18) months. Employees on An employee who bumped into a lower rated classification in accordance with Article shall retain first recall list shall rights to their previous classification when a vacancy occurs therein. The Company's responsibility will be responsible for notifying considered to be fulfilled if the Employer at the time of layoff, and for keeping current the address to which a recall Company gives notice, if anyin writing, shall be sentby registered mail to the employee's last known address. If there is a recall, employees shall be recalled, in Employees must notify the inverse order Company of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have intention within seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention (excluding Saturday, Sunday, and Employees who are unable to return to work for just and shall have ten (10) sufficient cause within the said seven calendar days following (excluding Saturday, Sunday and Holidays) period, upon presentation of their case to the mailing date Union and Company, may retain their seniority and will become the next available employee on the rehiring Notwithstanding Article laid off employees may recall to any part-time work or vacancies and to any work or vacancies in a classification different to the one they held at the time of the recall notice in which layoff. Computation of after uninterrupted service In the event employeeswith more than one (1) year’s Company seniority is laid off or transferred to report for duty, unless a later date for returning to work is otherwise specified in position within the notice.Company not covered by this Agreement:
Appears in 1 contract
Sources: Collective Agreement
Layoffs.
SECTION 1 When The purpose of seniority is to provide a declared policy as to the Employer determines that a long-term order of layoff and recall of employees. If an employee's position is eliminated or job abolishment is necessarythe hours are reduced, the Employer employee, if qualified, shall notify have the affected employees fourteen right to (14in this order):
(a) days fill any vacant position in advance of the effective date of employee's classification and shift (A-, B-, or C-shift) at the layoff or job abolishment. Employees will be notified of time the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWAemployee is displaced.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments (b) If there are no vacant positions, the employee will occur. Employees will be laid off within that division and assignment beginning with have the right to displace the least senior employee in the same classification and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoffshift.
SECTION 3 Any (c) If there are no employees in the same classification and shift with less seniority, the employee receiving notice will havethe right to displace the least senior employee in the next lower classification and/or shift.
(d) If the employee who is proposed for layoff based on the above process is not the least senior custodianon the master seniority list, he/she will displace the least senior employee (excluding BGT and A shift lead custodians) on the master seniority list, regardless of long-term layoff shift.
(e) Senior employee, regardless of hours, shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his the right to bump the next a less senior employee within provided they are qualified. Both parties agree to define the bargaining unit, provided the person who wishes B shift and C shift in accordance with Section 4.2 without regard to bump possesses the skill, ability and qualifications to perform the work days of the assignment as determined by week. The regular A shift is a Monday through Friday schedule. The irregular A shift is any other combination ofscheduled workdays. There is no 'regular' vs. 'irregular' differentiation for B or C shifts. In no event will an employee displace another employee with greater seniority. Classifications are defined as, Lead Building and Grounds Technician, Building and Grounds Technician, Lead Custodian, Custodian. For the Employerpurposes of layoff, the descending order of classifications and shifts is: Lead Building and Grounds Technician Building and Grounds Technician Lead Custodian - A shift Lead Custodian - B shift Custodian -A shift, Regular Schedule Custodian - A shift, Irregular Schedule Custodian - B shift Custodian - C shift A displaced Lead Custodian - A Shift may elect to displace an A shift custodian in lieu of a B shift custodian. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall displaced custodian may elect layoff in lieu of exercising his/her seniority rights. Reductions in the Buildings and Grounds Technician classification will be laid off made based on qualifications. The rateof pay of displaced Building and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall Grounds Technicians will be paid frozen at the rate of pay that they earned as a Building and Grounds Technician until such time that their pay in the assignment he bumps into.
SECTION 4 Employees who are laid off shall new classification exceeds their Buildings and Grounds Technician salary. If a new Building and Grounds Technician position becomes available within eighteen (18) months of layoff, the most senior displaced Building and Grounds Technician will be placed on a recall list for recalled to the new position. For a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying months from the Employer at the time date of layoff, and for keeping current if any opening occurs in the address School District, the employee with the most seniority shall have first choice to which be rehired if the position is at or lower than the employee's previous classification. Failure to accept a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have within ten (10) calendar working days following of receipt of the mailing certified mail recall notice shall result in loss of seniority rights and termination of employment. For recall purposes, seniority shall be determined by total service within the School District's Custodial Bargaining Unit. In the event of duplicate hiring dates, the date on the original School District employment form shall determine seniority. The employee with the oldest employment form date shall be considered to have the greatest seniority. Before any layoff, position elimination or reduction and before any recall, the Employer will meet with the Union ▇▇▇▇▇▇▇ to review the process. In addition, a laid off employee will be given the option of additional summer casual hours, subject to continued School District funding for such summer employment. A custodian on layoff accepting summer casual work will receive the probationary rate of pay and may not accrue additional vacation or sick leave. Such employees shallcontinue to receive the regular School District contribution for health, dental and life insurance during the two (2)month period of summer employment. Effective upon the date of layoff, vacation balances will be paid to the recall notice in which to report for duty, unless employee on layoff and sick leave balances will be frozen until such time as the employee accepts a later date for returning to work is otherwise specified in the noticeregular assignment.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs. 15.01 When reducing the work force or recalling employees, the same shall be done on the basis of seniority in accordance with 15.02 or 15.03 whichever is applicable.
SECTION 1 15.02 An employee receiving a layoff in excess of three (3) months shall be entitled to exercise his/her seniority and displace a junior employee provided he/she has the qualifications, or to accept the layoff and be placed on a layoff list eligible for recall.
15.03 An employee receiving a layoff of less than three (3) months and including the same day shall be entitled to exercise his/her departmental seniority and displace a junior employee provided he/she has the qualifications, or to accept the layoff and be placed on a layoff list eligible for recall. It is understood that this Article does not apply to any part-time, casual and seasonal employees.
15.04 Employees on layoff shall ensure that the Employer has their current address and telephone number throughout their layoff period.
15.05 When the Employer determines that a long-term layoff or job abolishment is necessaryrecalls an employee who has been laid off, it shall attempt to notify the employee by phone. If contact cannot be made by telephone, the Employer shall notify the affected employees fourteen employee by registered letter addressed to that employee's last known address. Nothing in this Article shall preclude the Employer from filling a vacancy temporarily while waiting for the employee to report to work. If an employee does not report within two (142) days weeks, the Employer shall automatically move to the next senior employee. If an employee does not report within two (2) weeks, seniority will be broken and employment terminated.
15.06 The Union and the Employer agree that a reduction in advance hours could constitute a layoff, however for the purpose of invoking the notice provisions in Article 15.07, it is agreed that there would have to be a break in employment of six (6) days. The Employer also agrees that although pool shutdown does not generally create a break in employment of six (6) days, they will give notice of the effective date date(s) of the layoff or job abolishment. Employees will be notified of the Employer’s decision pool shutdown to implement any short-term layoff, lasting seventy-two all employees at least one
(721) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees month before it is scheduled to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWAoccur.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are 15.07 If an employee, who has been employed for over three (3) calendar months, is to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay laid- off, will be laid off before bargaining unit members. All such employees shall remain the Employer must give that employee at least:
(a) One (1) week written notice or pay in layoff status while any bargaining unit member lieu of notice, if his/her period of employment is on layoff.less than one (1) year, but more than three (3) months;
SECTION 3 Any employee receiving (b) Two (2) weeks written notice or pay in lieu of long-term layoff shall have notice, if his/her period of employment is one (1) year or more, but less than three (3) years;
(c) Four (4) weeks written notice or pay in lieu of notice, if his/her period of employment is three (3) years or more, but less than five (5) calendar days following receipt by personal service years;
(d) Six (6) weeks written notice or certified mail delivery pay in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work lieu of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if anyhis/her period of employment is five (5) years or more, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have but less than ten (10) calendar days following the mailing date years;
(e) Eight (8) weeks written notice or pay in lieu of the recall notice, if his/her period of employment is ten (10) years or more. No written notice or pay in which to report for dutylieu of notice is required, unless a later date for returning to work if his/her period of employment is otherwise specified in the noticeless than three (3) months.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs. 10:01 The following are the Divisions of the Fire Department: ▪ Fire Fighting Division ▪ Fire Prevention Division ▪ Administration Division ▪ Apparatus and Equipment Division ▪ Training Division ▪ Communications Division ▪ Direct Detect Division ▪ Public Education Division
SECTION 1 When 10:02 In the Employer determines that event of a longlay-term layoff or job abolishment is necessaryoff of Full-Time employee from the Kitchener Fire Department, the Employer following lay-off sequence shall notify apply, having regard to the qualifications, ability and skills necessary to perform the duties required.
a) Should a lay-off be affected in any of the above working Divisions, divisional seniority shall govern first. That is the last Full-Time employee to enter the affected employees fourteen (14) days in advance of division shall be the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision first Full-Time employee to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off in that Division and exercise seniority rights in the Division and the last Full-Time employee laid off in the affected Division shall be the first recalled to that Division, subject
b) Following divisional lay-off or in the event that a divisional lay-off is not affected, departmental seniority will be applied throughout the Fire Fighters Division. That is, the last Full-Time employee hired shall be the first Full-Time employee laid off and the last Full-Time employee laid off shall be the first Full-Time employee recalled subject to Clause 9:03 and Clause 10:03.
c) Bumping will only be permitted within that division the Fire Fighting Division, at the rank or below the rank previously held in the Fire Fighting Division and assignment beginning with the least senior Full-Time Fire Fighter exercising bumping rights must possess the skills, qualifications and progressing to the most senior up to the number of employees that are experience to be laid off. All temporaryable to demonstrate same in a reasonable period of time as determined by the Fire Chief or their Management Designate, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by classification into which they propose to “bump”.
d) Should a lay-off be affected the Employer. Any employee who chooses not last Full-Time Communication Operator to bump, or who does not possess sufficient skill, ability or qualifications enter shall be the first Full-Time Communication Operator to bump another employee be laid-off and the last Full-Time Communication Operator to be laid-off shall be the first recalled subject to Clause 9:03 and Clause 10:02.
e) Should a lay-off be effected the last Full-Time Mechanic to enter shall be the first Full-Time Mechanic to be laid-off and the last Full- Time Mechanic to be laid-off shall be the first recalled subject to Clause 9:03 and Clause 10:02.
f) Should a lay-off be effected the last Full-Time Fire Safety Inspector to enter shall be the first Full-Time Fire Safety Inspector to be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant the last Full-Time Fire Safety Inspector to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period the first recalled subject to Clause 9:03 and Clause 10:02.
10:03 Upon receipt of eighteen (18) months. Employees on a recall list shall be responsible for notifying proper notification from the Employer at the time of layoff, and for keeping current the address to which a return to work after recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled former Full-Time employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his their intention to return to active duty. Failure to return to work and shall have ten after an additional seven (107) calendar days following such notification shall result in the mailing Full-Time employee’s name being struck from the seniority list and the next in line of seniority shall be recalled. The Employer will send such notices by Registered Mail to the last known address provided to the Employer by the Full-Time employee. If a laid off Full-Time employee notifies the Employer within said seven (7) calendar days that they are unable to return to work within the prescribed time for a legitimate reason, their name will not be struck from the seniority list. Their name, however, may be passed over and the next in line of seniority may be recalled. These time limitations may be extended for valid reasons, such as sickness, death in the family, accident or other legitimate reasons. Regardless of previous rank, a recalled Full-Time employee shall accept the job title and appropriate salary level for the vacant position to be filled. They will be reinstated to their former rank, if appropriate, without re- examination only if such vacancy occurs within two (2) years of the date of the recall notice in which their return to report for duty, unless service as a later date for returning to work is otherwise specified in the noticeFull-Time employee.
Appears in 1 contract
Sources: Collective Agreement
Layoffs.
SECTION 1 When the Employer determines that a long-term layoff or job abolishment is necessary, the Employer Notification of intended layoffs shall notify the affected employees fourteen (14) days be given as far in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible.
A. An employee shall have the right to an explanation for the reasons of layoff by the Superintendent or the Superintendent's designee. The Employer, personnel file of an employee laid off for economic reasons (including decrease in enrollment) shall indicate that such was the reason for layoff.
B. Any necessary layoff (based upon request from the UMWA agrees to discuss the impact budgetary or other economic reasons) within Classification 1 of any layoff of this bargaining unit employees with representatives of the UMWA.
SECTION 2 shall be by classification and seniority. The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning person with the least senior and progressing continuous service to the most senior up District shall be selected for layoff. In Classification 2, layoffs for instructional classroom aides and special education aides, shall be by specific job and grade so that K-grade 4, grade 5-grade 8, and grade 9-grade 12, special education, and classroom aides shall be selected for layoff by continuous service within said grade groupings. Librarian and school suspension aides shall be selected by continuous service within the specific position without regard to grade level. In Classification 3, layoffs for Title One tutors (Tutors -Federal Projects) shall be by specific job and grade as set forth herein. In Classification 4, layoffs for Tutors-Federal Projects and Tutors-ESOL, shall be by specific job and grade as set forth herein. Other positions in Classification 4 shall be subject to layoff based upon the least continuous service to the number of District in each specific position without regard to grade level.
C. Laid off employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employeesmay bump bargaining unit members with less seniority, within the division and assignment designated for lay offclassification or lower, provided they are qualified to do the job of the person they wish to bump. If an employee bumps into a lower classification, s/he will be laid paid on the step for the lower classification.
D. Laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member have recall rights up to one (1) year. When a qualified employee is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall offered a position through recall, said person will have five (5) calendar work days following receipt by personal to accept or decline the offer. Refusal to accept a recall offer in the same classification will terminate the District’s obligation to recall. Refusal to accept a recall offer in a lower classification will not terminate the District’s obligation to the recall provision.
E. Seniority is defined as the length of continuous service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided from the person who wishes to bump possesses the skill, ability and qualifications to perform the work last date of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall listhire. An employee may only exercise bumping rights once shall not forfeit seniority during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of medical leaves, leave resulting from layoff, and for keeping current the address to which a recall noticeor other District-approved leaves. Seniority shall not accrue during medical leaves, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their leave resulting from layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalledor other District-approved leaves.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Master Agreement
Layoffs.
SECTION 1 When a) The Employer shall notify the Guild in writing at least ninety (90) days prior to any proposed dismissal to reduce the force, specifying the job title and number of employees. During the first two-weeks of that notice period, the Employer determines will meet with Guild representatives and provide the economic justification for the reduction. Loss of project-specific grant funding shall be cause for economic justification. The Employer and Guild will discuss possible alternatives to a reduction in force.
b) Dismissals shall be made in the inverse order of seniority in the classification by department. An employee who could be trained within forty-five (45) days to do the job of a less senior employee in the same department shall be moved into that position and the less senior employee laid off. Further, an employee who is notified of layoff and who has held a longprevious position in a different department, may bump a less senior employee in that position. Employees notified for layoff also may fill any vacant bargaining unit position for which they meet the minimum job qualifications or could be trained within forty-term layoff five (45) days to carry out the position duties. An employee promoted or job abolishment transferred under this Article shall have a trial period of ninety (90) calendar days which may be extended by agreement with the Guild. The Employer's evaluation of the employee shall be discussed with the employee at least forty-five (45) days before the end of the trial period.
c) Employees dismissed to reduce the force shall be placed upon a rehiring list for two (2) years. The Employer, before filling a vacancy for which a laid-off employee is necessaryqualified for shall notify the laid off employee(s) by mail and/or email at the employee’s last known address. If within ten (10) working days of the date of said letter an employee to whom such notice has been sent has not answered or has not accepted reemployment for which such employee is eligible, the employee’s name shall be removed from the rehiring list and the employee need not be any longer considered for re-employment. In the event of a reply by any or all such employees on the list so notified, the Employer shall notify fill said vacancy from among those so replying who request such re- employment in the affected order of their seniority in the classification or classifications within which the vacancy occurs. In the event the vacancy cannot be filled by an employee or employees fourteen (14on the rehiring list, the Employer may fill the vacancy with a new employee or employees. Time spent on a rehiring list shall not constitute breaks in service, but will not be counted as service time in accruing vacation, sick leave, holidays, and other leave time and need not be counted as service time in computing severance pay.
d) days Seniority shall be based on an employee’s continuous service with National Jobs with Justice or American Rights at Work in advance a bargaining unit position. Temporary absences due to illness or approved leave will not break seniority. An employee promoted or transferred outside of the effective date Guild’s jurisdiction and who remains continuously employed by the Employer and later returns to the Guild bargaining unit shall retain the employee’s seniority at time of the layoff promotion or job abolishment. Employees will be notified of transfer.
e) A dismissed employee shall receive health insurance at the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated expense for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bumpsix months, or who does not possess sufficient skilluntil the employee receives health insurance from a new employer, ability partner or qualifications to bump another employee shall be laid off and placed on a recall list. spouse, whichever comes first
f) An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to rehired under this article into the grade previously held shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer salary he/she received at the time of layoff, and for keeping current the address to which plus any increase he/she would have received had they not be laid off. An employee rehired into a recall notice, if any, higher grade shall be sentpaid at the bottom step of that grade. If there is An employee rehired into a recall, employees lower grade shall be recalledpaid at the top step of that grade.
g) Severance shall be paid as follows: 6 to 12 months service 4 weeks of salary 12 to 24 months service – 8 weeks salary
2. There will be no layoffs when a consultant or temporary employee is performing work that a Guild- covered employee subject to a layoff could perform or could be trained to perform within forty-five (45) days.
3. JWJ-ARAW will attempt to assist laid off employees in finding other employment.
4. Severance benefits are not available for the SLAP coordinator position, in except if the inverse order of their layoff, person is laid off prior to the same assignment from which they were end of the agreed to term or if the term is extended and the person is subsequently laid off, provided they are presently qualified to perform . JWJ-ARAW shall notify the work Guild in writing of the job assignment to which they are recalledinitial term and any extensions.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When (a) In the Employer determines that event of a longlay-term layoff or job abolishment is necessaryoff, the Employer Hospital shall notify lay-off employees in the affected reverse order of their seniority within their classification, providing that those employees fourteen (14) days in advance of who remain on the effective date of job have the layoff or job abolishment. Employees will be notified of qualifications and ability to perform the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWAwork.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part(b) A full-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member employee who is on layoff.
SECTION 3 Any employee receiving notice of long-term subject to layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his the right to bump either:
(i) Accept the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid lay-off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for the period in accordance with 14.02 (g), or
(ii) Displace a full-time employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit, provided the employee subject to layoff is qualified to perform the duties of the lower or identical classification. Such employee so displaced shall have the same rights to the provisions above. An employee who has the right to displace another employee shall have the right to the same training period of eighteen as would typically be accorded to a new employee. Such training period may commence prior to the anticipated displacement.
(18iii) months. Employees In the event that no full-time job is available, a full-time employee may displace a part-time employee on the same basis in (b) above.
(c) A part-time employee who is subject to lay-off shall have the right to either:
(i) accept the layoff, and be placed on a recall list shall be responsible for notifying the Employer at period in accordance with 14.02 (g), or
(ii) displace a part-time employee who has lesser bargaining unit seniority and is the least senior part-time of layoff, and for keeping current the address to which employee in a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, lower or identical paying classification in the inverse order of their layoff, to the same assignment from which they were laid offbargaining unit, provided they are presently the employee subject to lay-off is qualified to perform the work duties of the job assignment lower or identical classification. Such employee so displaced shall have the same rights to which they are recalled.
SECTION 5 In the case of a long-term layoff, provisions above. An employee who has the recalled right to displace another employee shall have seven the right to the same training period as would typically be accorded to a new employee. Such training period may commence prior to the anticipated displacement.
(7iii) calendar days following A part-time employee will not be entitled to displace a full-time employee.
(d) An employee who displaces an employee in a lower paying classification will be placed on the date salary grid of the mailing by certified mail of lower classification consistent with the recall notice to notify the Employer of his intention to return to work and shall level he would have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified achieved in the noticelower classification based on his service and experience with the Hospital.
(e) Employees, while on layoff, shall not accrue vacation pay.
Appears in 1 contract
Sources: Collective Agreement
Layoffs.
SECTION 1 When The Company will consult with the Employer determines Local Union executive with respect to any planned lay-off prior to any discussions with those employees that may be affected. At this meeting the Company shall supply in writing a longcomplete seniority list, names and classifications, of those affected and the reason for lay-term layoff or job abolishment off. It is necessaryunderstood that this consultation will be deemed strictly confidential and as such, the Employer proceedingswill not be disclosed to any other individual, prior to the Company notifying the individual Notice of such meeting shall notify be a minimum of eight (48) hours. When lay-offs are to be made, such lay-offs shall proceed in inverse order of Company seniority within those job functions categories affected where the affected employees fourteen (14) days work has been reduced or eliminated; said job functions are listed in advance of Article Notwithstanding the effective date of the layoff or foregoing, a more senior employee in a job abolishment. Employees will be notified of the Employer’s decision classification may offer to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off in the place of a more junior employee. If the offer is accepted by the Company the more senior employee will waive his bumping rights and will receive the severance provided for in Article or such amount as may be agreed between the employee and the Company. Any employee about to be laid off from one job function who has the necessary qualifications set by the Company for another job function may apply his Company seniority and revert to such other function. No employee is to be displaced by a more senior employee unless the latter possesses the occupational qualifications of the job filled by the employee with less seniority. Employees must declare their intent to bump within seven days of receiving layoff notice or notice they are being bumped. Employees who bump into a lower job group shall be paid at a rate within the new group closest to, but not higher than their rate of pay prior to the bump. Employees who bump into a higher job group shall be paid at a rate within the new group closest to but not less than their rate of pay prior to the bump. Employees who bump into a different classification shall retain recall rights, as set out under Article to their former classification. Laid off employees must declare their intent to bump within days. However, should a bumping opportunity, or job posting arise during the notice period that division was not available at the time of declaration, the employee shall retain their right to bump or apply. The Company shall provide advance written notice of layoff to an affected employee and assignment beginning the Union, or pay in lieu of such notice, in accordance with the least senior following: After Completion of Probation weeks years weeks years weeks Length of Service Notice Required Article shall not be applicable in those instances where an employee is laid off (not working for the Company) and progressing is subsequently offered temporary work and upon completion of such, is laid off again. A laid off employee who has completed probationary period may, at any time prior to the most senior up expiry of the employee's recall period, receive severance pay in an amount equal to three (3) weeks' pay per year of service, or portion thereof, to a maximum of fifty two (52) weeks. Where an employee accepts severance pay shall be deemed to be terminated and shall forfeit all seniority and other rights under this Agreement. Notwithstanding Article the number employee may elect to receive severance pay at any time after the date of layoff, in which case the employee shall be considered terminated and have no further rights of recall. Upon request, an employee shall be paid all vacation pay, banked time off, overtime or any other outstanding monies owing on the last day of work prior to lay-off. The Company agrees that it will not consistently schedule overtime in order to affect or extend lay-offs. It shall be the intention of the Company to give full consideration for job vacancies within the bargaining unit to those employees that who are to be laid off. All temporaryWhile an employee is laid off, intermittentthe Company will continue both the employee's and its own portion of the payment of premiums for Medical Services Plan of dental, probationaryextended health and group life insurance, at the employee's request for the period of layoff up to a maximum of three (3) months or until the employee is eligible for benefits elsewhere, which ever first occurs. The employee's portion of this cost shall be recoverable by the Company from the employee after has returned to work, and permanent part-time employees, within on a basis mutually satisfactory to the division Company and assignment designated for lay off, the employee. Employees not called back to work prior to the expiry of their recall rights shall have such prepaid expenses deducted from any monies owing to them by the Company. The above mentioned benefits will be extended for a further three (3) months, provided the employee pays the full premium for such coverage in advance to the Company on a monthly basis. If the laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have has five (5) calendar days following receipt by personal or more years of continuous service or certified mail delivery in which to exercise his right to bump with the next less senior employee within Company as at the bargaining unitday of layoff, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee they shall be laid off and placed entitled to such payments being made on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list their behalf for a period of eighteen six (186) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment months from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the such date of layoff and the mailing costs thereof shall not be recoverable from by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the noticeCompany.
Appears in 1 contract
Sources: Collective Agreement
Layoffs.
SECTION 1 When 10:01 In the Employer determines that event of a longlay-term layoff or job abolishment is necessaryoff of a Full Time Civilian from the Kitchener Fire Department, the Employer following lay-off sequence shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoffapply, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing having regard to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skillqualifications, ability and qualifications skills necessary to perform the work of duties required.
a) Should a lay-off be effected the assignment as determined by last Full Time Civilian Dispatcher to enter shall be the Employerfirst Full Time Civilian Dispatcher to be laid- off and the last Full Time Civilian Dispatcher to be laid-off shall be the first recalled subject to Clause 10:02 and Clause 9:03.
b) Should a lay-off be effected the last Full Time Civilian Mechanic to enter shall be the first Full Time Civilian Mechanic to be laid- off and the last Full Time Civilian Mechanic to be laid-off shall be the first recalled subject to Clause 10:02 and Clause 9:03. Any employee who chooses not Should a lay-off be effected the last Full Time Civilian Fire Safety Inspector to bump, or who does not possess sufficient skill, ability or qualifications enter shall be the first Full Time Civilian Fire Safety Inspector to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant the last Full Time Civilian Fire Safety Inspector to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period the first recalled subject to Clause 10:02 and 9:03.
10:02 Upon receipt of eighteen (18) months. Employees on a recall list shall be responsible for notifying proper notification from the Employer at the time of layoff, and for keeping current the address to which a return to work after recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid lay-off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee former Full Time Civilian shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his their intention to return to active duty. Failure to return to work and shall have ten after an additional seven (107) calendar days following such notification shall result in the mailing date Full Time Civilian's name being struck from the seniority list and the next in line of seniority shall be recalled. The Employer will send such notices by Registered Mail to the recall notice in which last known address provided to report for duty, unless the Employer by the Full Time Civilian. If a later date for returning laid off Full Time Civilian notifies the Employer within said seven (7) calendar days that they are unable to return to work is otherwise specified within the prescribed time for a legitimate reason, their name will not be struck from the seniority list. Their name, however, may be passed over and the next in line of seniority may be recalled. These time limitations may be extended for valid reasons, such as sickness, death in the noticefamily, accident or other legitimate reasons.
Appears in 1 contract
Sources: Collective Agreement
Layoffs.
SECTION 1 When the Employer determines that 11.1 Before a long-term layoff or job abolishment is necessarylayoff, the Employer Union shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of by the Employer’s decision . A meeting shall be held to implement any short-term layoffexplore alternatives, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from which may include transferring to a position not within the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments (this will occuronly be done by mutual agreement). Employees will be laid off within that division and assignment beginning with the least senior and progressing Any bargaining unitmember transferred to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee a position not within the bargaining unit, provided shall not lose seniority as a result of such transfer, but shall not accumulate bargaining unit seniority while performing non-bargaining unit work. In the person who wishes event the Employee requests to bump possesses be reassigned,the skillemployee shall be transferred to a work site with an available, ability open position at the compensation package (i.e. budgeted salary and qualifications insurance costs) established for that work site ▇▇▇▇▇▇▇▇.▇▇ the event a bargaining unit opening becomes available and more than one (1) former bargaining unit employee requests to perform be reassigned then Article VI shall apply.
11.2 In the work event of the assignment as determined by the Employer. Any employee who chooses not to bumpa layoff, or who does not possess sufficient skill, ability or qualifications to bump another employee temporary employees shall be laid off first. The principles of seniority shall be applied for any layoffs. The employee with the lowest seniority shall be laid off first beginning with the lowest level of classification at the work site. Recall shall be on the basis of seniority and placed on classification, provided the employee qualified for the work available within a recall listtrial period of thirty (30) calendar days.
11.3 A seniority employee who is about to be laid off shall receive two (2) weeks notice or the equivalent in wages. Employees laid off shall be paid accrued vacation pay, and must designate in writing when payment of accrued and banked vacation pay is to be made, as long as it occurs in the same program year.
11.4 An employee laid off may only exercise bumping rights once during his/her seniority to bump into any layoff affecting position held by the lowest seniority employee currently employed at a positiondifferent work site (work site is defined as office location) at the bumped employee’s compensation package (i.e. budgeted salary and insurance costs). An employee who bumps pursuant to this article a different worksite shall receive a weekly job performance review (for eight (8) weeks) by the Employer to determine if the employee is meeting the requirements of the position. In the event the employee is not meeting the requirements of the position then, appropriate training shall be paid provided by the Employer; if at the rate end of eight (8) weeks the employee is still not meeting the requirements of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying position, then the Employer at the time of layoffand Union shall meet to explore alternatives prior to discipline being administered. An employee who bumps to a different worksite shall, and for keeping current the address seniority permitting, retain secondary recall rights to which a recall notice, if any, shall be senttheir previous worksite. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled An employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have within ten (10) calendar days following the mailing date of the recall written layoff notice if he/she wishes to exercise her/his bumping rights.
11.5 An employee on layoff shall be offered any temporary work available. If the laid off employees decline temporary work, the Employer may hire temporary employees in which accordance with Article XII.
11.6 Seniority employees shall not be required to report for duty, unless accept temporary or part-time work to retain their seniority. Seniority employees shall not be required to accept a later date for returning bump to work is otherwise specified in the noticea position at a worksite more than thirty (30) miles from their worksite or bump to a lower job classification.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When 28.01 Layoffs shall be made in the Employer determines that a long-term layoff or job abolishment is necessary, the Employer shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff reverse order of bargaining unit seniority, provided the remaining employees with representatives of are qualified to perform the UMWA.
SECTION 2 work. The Employer shall determine least senior employee(s) in which a work divisions and assignments layoffs or job abolishments will occurunit that is losing positions has the right to transfer into a vacancy created by the actual layoff. Employees will be laid off within that division and assignment beginning with For example, if the least senior and progressing to member of the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain is in the Electrical Unit but the position loss which necessitated the layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less Warehouse Unit, the least senior employee within in the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications Warehouse Unit if qualified to perform the work of assigned to the assignment as determined by position in the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee Electrical Unit shall be laid off transferred and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the wage rate of appropriate to the assignment he bumps intonew position. If the employee elects not to accept the transfer the employee will be subject to layoff.
SECTION 4 Employees who are 28.02 The District shall confer with the Union prior to issuance of any notices of layoff to employees covered by this Agreement.
28.03 This clause shall not apply to the discharge section. All regular full-time employees being laid off shall be placed on a recall list for a period of eighteen given two (182) months. Employees on a recall list weeks’ notice or two (2) weeks’ pay prior to such layoff.
28.04 An employee laid off shall be responsible for notifying offered the Employer first job opportunity within the other work units before a new hire, provided the employee is qualified to perform the work. If a laid off employee is offered a job opportunity within this bargaining unit at the same range as the position the employee left and the employee rejects the offer, all recall rights are terminated. Returning employees shall be placed at the same step as occupied at the time of lay-off. This job opportunity shall not apply to the discharge section.
28.05 Employees who had medical benefits at time of layoff, and for keeping current the address who are recalled to which a recall notice, if anymedical benefit eligible position, shall be sent. If there is a recall, employees shall be recalled, in receive benefit coverage on the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work first day of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days month following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to their return to work from layoff status.
28.06 Seniority may be terminated and the District-employee relationship shall have ten be severed by the following conditions:
a. Proper discharge;
b. Layoff of twelve (1012) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.months’ duration;
Appears in 1 contract
Sources: Proposal Agreement
Layoffs.
SECTION 1 When 10:01 In the Employer determines that event of a longlay-term layoff or job abolishment is necessaryoff of a Full Time Civilian from the Kitchener Fire Department, the Employer following lay-off sequence shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoffapply, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing having regard to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skillqualifications, ability and qualifications skills necessary to perform the work of duties required.
a) Should a lay-off be effected the assignment as determined by last Full Time Civilian Dispatcher to enter shall be the Employerfirst Full Time Civilian Dispatcher to be laid-off and the last Full Time Civilian Dispatcher to be laid-off shall be the first recalled subject to Clause 9:03 and Clause 10:02.
b) Should a lay-off be effected the last Full Time Civilian Mechanic to enter shall be the first Full Time Civilian Mechanic to be laid-off and the last Full Time Civilian Mechanic to be laid-off shall be the first recalled subject to Clause 9:03 and Clause 10:02. Any employee who chooses not Should a lay-off be effected the last Full Time Civilian Fire Safety Inspector to bump, or who does not possess sufficient skill, ability or qualifications enter shall be the first Full Time Civilian Fire Safety Inspector to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant the last Full Time Civilian Fire Safety Inspector to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period the first recalled subject to Clause 9:03 and Clause 10:02.
10:02 Upon receipt of eighteen (18) months. Employees on a recall list shall be responsible for notifying proper notification from the Employer at the time of layoff, and for keeping current the address to which a return to work after recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid lay-off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee former Full Time Civilian shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his their intention to return to active duty. Failure to return to work and shall have ten after an additional seven (107) calendar days following such notification shall result in the mailing date Full Time Civilian’s name being struck from the seniority list and the next in line of seniority shall be recalled. The Employer will send such notices by Registered Mail to the recall notice in which last known address provided to report for duty, unless the Employer by the Full Time Civilian. If a later date for returning laid off Full Time Civilian notifies the Employer within said seven (7) calendar days that they are unable to return to work is otherwise specified within the prescribed time for a legitimate reason, their name will not be struck from the seniority list. Their name, however, may be passed over and the next in line of seniority may be recalled. These time limitations may be extended for valid reasons, such as sickness, death in the noticefamily, accident or other legitimate reasons.
Appears in 1 contract
Sources: Collective Agreement
Layoffs.
SECTION 1 When 19:01 Subject to the Employer determines that a long-term layoff employee being able or job abolishment is necessarywilling to perform the available duties, the Employer employees shall notify the affected employees fourteen (14) days in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number in reverse order of seniority.
19:02 Further, any employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be so laid off before bargaining unit members. All such employees shall remain in layoff status while be given the first opportunity for any bargaining unit member is on layoffcasual employment provided they are capable of doing the available work.
SECTION 3 19:03 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which can bump from one House to exercise his right to bump another House provided she has the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform do the work job required of the assignment as determined by other position. A full-time employee who has received a notice of layoff can bump a junior full- time employee, in the Employersame classification or in a lower classification or if she happens to be the most junior she may bump a junior part-time employee. The “junior” employee who is bumped may bump another “junior” employee based on the same principle or be laid off. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. the re-employment list immediately.
19:04 An employee may only exercise bumping rights once during any who, according to her seniority, is to be laid off shall receive in writing a notice of layoff affecting or pay in lieu thereof at least one (1) month in advance of the date the layoff is to commence with a positioncopy to, the Union forwarded without delay. Such notice shall state the reasons for the layoff and the expected duration of the layoff.
19:05 An employee who bumps pursuant to this article on continuous layoff for a period of one (1) year shall, at the end of that period, be considered terminated and his name shall be paid at removed from the rate of the assignment he bumps intore-employment list.
SECTION 4 Employees 19:06 Laid off employees shall be called back in reverse order of layoff starting with the most recently laid off employee and continuing in descending order to the first employee laid off, provided that in each case, the employee is able and willing to perform the available duties.
19:07 Provided she has the qualifications and abilities required to perform the duties of a vacant position, a laid off employee shall be given the right of first refusal over applicants external to the bargaining unit.
19:08 Notice of recall to an employee who are has been laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, made to the same assignment from which they were laid off, provided they are presently qualified to perform last known address filed by the work employee with the Employer. Notice of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing recall will be sent by certified mail of the mail. A laid off employee must within four (4) days after recall notice to notify the Employer of his confirm her intention to return to work and or her employment shall have ten be terminated. The employee must return to work within one-half (10½) calendar days following the mailing date month of receipt of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in mutually agreed between the noticeEmployer and the employee.
Appears in 1 contract
Sources: Collective Agreement
Layoffs.
SECTION 1 When 1. Whenever it is necessary because of lack of work or lack of funds or whenever it is advisable in the Employer determines that a long-term layoff interest of economy or job abolishment is necessaryefficiency to reduce the working force, the Employer County shall notify the affected layoff employees fourteen (14) days covered by this Agreement in advance of the effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff inverse order of bargaining unit employees with representatives of the UMWAseniority.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur2. Employees will shall be laid off on the basis of inverse order of bargaining unit seniority within that division and assignment beginning with their classification, bargaining-unit wide. When the least senior and progressing seniority of two (2) or more employees is equal, the tie shall be broken pursuant to the most senior up to Seniority Article. An employee shall have the number right, on the basis of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right seniority, to bump the next less senior employee within the bargaining unit, other employees in an equal or lower rated classification provided the person who wishes to bump possesses the skill, ability they qualify and qualifications to can perform the work of the assignment in question as determined by the Employer. Any To be eligible to bump into an equal rated classification, the bumping employee cannot have been suspended or demoted (as a result of discipline or in lieu of discipline) within the two years prior to the date of bumping.
SECTION 3. Before any bargaining unit employee is notified of his/her layoff under the above provisions, the County and the Union shall meet immediately for the purpose of attempting to find an available job within the bargaining unit. A displaced employee must accept any vacancy in an equal rated bargaining unit classification for which the employee is qualified. A displaced employee may accept any vacancy in a lower rated bargaining unit classification for which the employee is qualified. Employees accepting a vacancy in another classification or bumping into another classification in the same division or specialized unit that they have not held within the preceding two years or into any classification in another division or specialized unit shall serve a 120 calendar day probationary period. An employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee fails such probationary period shall be laid off and be placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off 4. It shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the option of the employee as to whether he/she shall exercise his/her seniority rights to “bump” into another classfication or to take a direct lay off.
SECTION 5. Regular full-time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in given a minimum of two (2) weeks advanced written notice of layoff indicating the inverse order of their layoff, to circumstances which make the same assignment from which they were layoff necessary.
SECTION 6. In the event an employee is laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee he/she shall have seven receive payment for earned but unused vacation and for any unpaid overtime as quickly as possible but no later than fourteen (714) calendar days following after the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the noticelayoff.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When Prior to a layoff either party may request to meet and discuss alternate solutions which through compromise provide a mutually satisfactory placement of those individuals laid off and which best suits the Employer determines that continued productivity of all areas concerned. If a long-term layoff or job abolishment mutual agreement is necessarynot reached on a compromise, the Employer regular procedures outlined in this article. The Company will provide a laid off or displaced employee with a list of jobs on which the employee has displacement rights. Included on this list will be the review dates of employees involved as well as an indication (*) of any reviews which are not in the normal cycle. Once this list has been provided, upgrades as a result of additional reviews not in the normal cycle will not be approved until required processing has been completed. A probationary employee laid off because of lack of work shall retain credit for the time worked towards the completion of his/her probationary period, provided he/she is rehired by the Company within a four (4) month period. In any event, probationary employees shall not have preferential rights for rehiring. Facilities will be provided for a Federation representative and a laid off employee to meet and discuss the layoff for a reasonable period of time. Displacement Interviews -In response to concern about proper displacement consideration Management agrees to have an Employee Relations representative attend all displacement interviews. The Company will notify the affected employees fourteen (14senior employee(s) days in advance the plant when a job opening is filled by a more junior employee from the recall or return list. Displacement Failures - Management agrees that an employee with established seniority who fails on a displacement may, only once in connection with circumstances flowing from an original removal due to lack of work, displace the shortest service employee in the lowest classification in the bargaining unit on whose job it is reasonable to expect that he/she will be able to meet the normal requirements of the effective date work. The Company will undertake the following in the situation where an employee's layoff is canceled or extended for more than 30 days: In such cases an employee in process who bypassed this displacement opportunity as a result of the layoff or job abolishment. Employees listing will be notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWAgranted a displacement interview on request.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the rate of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. Employees on a recall list shall be responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work of the job assignment to which they are recalled.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoffs.
SECTION 1 When Prior to a layoff either party may request to meet and discuss alternate solutions which through compromise provide a mutually satisfactory placement of those individuals laid off and which best suits the Employer determines that continued productivity of all areas concerned. If a long-term layoff or job abolishment mutual agreement is necessarynot reached on a compromise, the Employer shall notify regular procedures outlined in Article 5 - Seniority, and the affected Supplement to an Agreement will apply. The Company will provide a laid off or displaced employee with a list of jobs on which the employee has displacement rights. Included on this list will be the review dates of employees fourteen involved as well as an indication (14*) days of any reviews which are not in advance the normal cycle. Once this list has been provided, upgrades as a result of additional reviews not in the effective date of normal cycle will not be approved until required processing has been completed. Facilities will be provided for a Federation representative and a laid off employee to meet and discuss the layoff or job abolishmentfor a reasonable period of time. Employees will be notified of Apprentice Layoffs - Concerning the Employer’s decision to implement any short-term procedure for listing apprentices for layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA Management agrees to discuss list the impact of any layoff of bargaining unit employees with representatives of Apprentice whose job is redundant and re-arrange the UMWA.
SECTION 2 The Employer shall determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the least senior and progressing listed Apprentice to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff.
SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined most junior Apprentice. Displacement Interviews - In response to concern about proper displacement consideration Management agrees to have an Employee Relations representative attend all displacement interviews. The Company will notify the affected senior employee(s) in the plant when a job opening is filled by a more junior employee from the Employerrecall or return list. Any Displacement Failures - Management agrees that an employee with established seniority who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed fails on a recall list. An displacement may, only once in connection with circumstances flowing from an original removal due to lack of work, displace the shortest service employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant in the lowest classification in the bargaining unit on whose job it is reasonable to this article shall expect that she/he will be paid at able to meet the rate normal requirements of the assignment he bumps into.
SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (18) monthswork. Employees on a recall list shall be responsible for notifying The Company will undertake the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, following in the inverse order of their layoff, to the same assignment from which they were laid off, provided they are presently qualified to perform the work situation where an employee's layoff is canceled or extended for more than 30 days: In such cases an employee in process who bypassed this displacement opportunity as a result of the job assignment to which they are recalledlayoff listing will be granted a displacement interview on request.
SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (7) calendar days following the date of the mailing by certified mail of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, unless a later date for returning to work is otherwise specified in the notice.
Appears in 1 contract
Sources: Collective Bargaining Agreement