Position Elimination Clause Samples
The Position Elimination clause defines the employer's right to terminate an employee's role when the specific position is no longer needed within the organization. In practice, this clause typically applies during organizational restructuring, downsizing, or when a department is dissolved, resulting in the removal of certain job functions. Its core function is to provide a clear legal basis for ending employment due to business needs, thereby protecting the employer from wrongful termination claims and clarifying the circumstances under which a position may be eliminated.
Position Elimination. 24.1 In the event the Company plans to eliminate positions, the Company shall give the Union and the affected employees a minimum of one-hundred and twenty (120) calendar days notice or pay in lieu of a portion thereof or the entirety of such to the employee. When the notice referred to above indicates that ten percent (10%) or more of the employees are negatively affected, the Company and the Union agree to meet within thirty (30) days to review the opportunities and options available to employees notwithstanding that a collective agreement is in place. For clarity, this article is intended to apply to internal Company reorganizations that result in the elimination of positions and is not applicable in the case of successorship, which shall be administered pursuant to the Canada Labour Code.
24.2 Position elimination will not become effective until after the notice period is complete.
24.3 An employee who receives notice of position elimination or layoff in accordance with this Article shall have the right to receive Company-paid severance pay which shall be two (2) weeks’ pay for each year of service, pro-rated for partial years. For the purposes of severance, service shall include all continuous service with the Company
24.4 An employee who receives notice of position elimination may endeavor to obtain an alternate position by bidding on vacancies in accordance with Article 12.
24.5 An employee who receives notice of position elimination in accordance with this Article who does not obtain another permanent position with the Company prior to their employment termination date shall have the right to receive severance pay. Employees shall have the option of:
a) Receiving severance and terminating employment upon completion of the notice period; or
b) Deferring the employment termination date and receipt of severance for six (6) months and receiving Supplemental Employment Benefits (SEB) in accordance with Article 14.
i) This option shall not extend the period of employment for purposes of severance calculation.
ii) Employees who choose this option and accept a permanent position with the Company prior to their employment termination date will not be eligible to receive severance.
24.6 The Company shall notify employees on lay-off of any vacancies occurring in the bargaining unit subject to the employee ensuring the Company is provided with a current telephone number and mailing address, including an email address.
24.7 Technological change shall be defined...
Position Elimination. Prior to the elimination of a position held by a unit member in his or her probationary period, the chief administrative officer or his/her designee shall meet with the department, division or other appropriate unit and the affected unit member to explain the reasons for the elimination. The impact of the elimination of a position is grievable; however, the reasons given as provided for above shall not constitute the basis for a grievance.
Position Elimination. 1. If the Board is contemplating the elimination of any bargaining unit positions, it (or its designee) will notify the Association. The Board (or its designee) will meet and consult with the Association upon request prior to a decision to eliminate any bargaining unit positions.
2. A decision by the Board to eliminate any bargaining unit position shall not be subject to the grievance procedure or arbitration.
3. In the event that the Board decides to eliminate any bargaining unit positions, it shall give the Association prompt written notice of the positions to be eliminated.
Position Elimination. The outcome of a restructure that results in the elimination of a position from a department.
Position Elimination. An employee whose position has been eliminated, may bump, based upon classification seniority and necessary qualifications:
a. the least seniored employee within her/his present category, or
b. a less seniored employee within her/his present classification, but not category, or
c. a less seniored employee within any classification in which she/he has previously accumulated seniority. An employee will be guaranteed a position of comparable hours per day and days per year unless they have the least seniority of all other comparable positions. If a part-time employee bumps a full-time employee, the part-time employee must assume all of the full-time employee's hours.
Position Elimination. A. Should the Employer consider eliminating positions, under any program, such action shall be discussed with the Union prior to any such positions being eliminated.
B. The Employer will give the Union at least two (2) weeks prior notice of its intent to eliminate positions and the reasons for such.
C. The parties shall meet in special conference to determine the effect of any position elimination on seniority employees within a program and attempt to settle any problems which may be created.
Position Elimination. If the Board is contemplating the elimination of any bargaining unit positions, it (or its designee) will notify the Association. The Board (or its designee) will meet and consult with the Association upon request prior to a decision to eliminate any bargaining unit positions. A decision by the Board to eliminate any bargaining unit position shall not be subject to the grievance procedure or arbitration. In the event that the Board decides to eliminate any bargaining unit positions, it shall give the Association prompt written notice of the positions to be eliminated. "Reduction in Force" (RIF) shall mean the discontinuance of employment or reduction to part-time status of an employee for bona fide financial or program reasons. For purposes of reduction in force, the following classification/ impact areas shall be used: Impact Area Impact Area Impact Area Impact Area Impact Area Class Secretary Educational Technicians Bus Drivers Custodial Food Service School Admin Ed Tech III Bus Drivers Head Custodian Head ▇▇▇▇ School Secretary Ed Tech II Van Drivers Maintenance ▇▇▇▇ ▇▇ Tech I Custodian Step 1: Within the town In the event of a layoff, the employee whose position is to be eliminated may displace the employee with the least seniority within his/her town in his/her impact area. A displaced employee may displace an employee in a lower impact area within the employee’s classification, or if he/she is the least senior in their current impact area, then he/she may displace an employee in any other impact area in which he/she has satisfactorily served, provided that the person to be displaced is less senior than the displacer. The least senior employee(s) in the applicable group(s) shall be terminated first, in order to achieve the reduction in force. If the employee to be terminated is uniquely qualified to provide the programs remaining, based on experience, authorization, and/or training, then the next least senior employee within the impact area may be terminated.
Position Elimination. If prior to the Vesting Date and prior to the date that the Grantee has met the age and service requirements for a Qualifying Separation, the Grantee incurs a Termination of Employment by the Company or an Affiliate on account of a Position Elimination, the Performance Share Unit Award shall vest with respect to a pro-rated portion of the Target Award, subject to Section 4(f) below. The pro-rated portion shall be determined by multiplying the Target Award by a fraction, the number of which is the number of months that elapsed during the period beginning on January 1, [●] through the date of the Grantee’s Termination of Employment, and the denominator of which is 36. A partial month shall be counted as a full month for purposes of this calculation. Any Performance Share Units that do not become vested upon a Termination of Employment in accordance with this Section 4(d) shall be forfeited. For purposes of this Agreement, “Position Elimination” means any permanent, involuntary termination of a Grantee’s active employment with the Company or an Affiliate as a result of a job elimination due to a reduction in force, outsourcing or elimination of position, as determined by the Committee in its sole and absolute discretion.
Position Elimination. Section 1. If it becomes necessary to reduce the number of bargaining unit members due to reduced enrollment, economic resources or funds, or changes in or consolidation of programs, the following procedure shall be utilized:
a. The Superintendent shall notify the Association of the grade level(s) and/or subject area(s) that are being considered for reduction, and shall identify the certification and HQT requirements (if applicable) that are associated with those grade level(s) and/or subject area(s).
b. Reductions shall be accomplished first by attrition, resignations and/or retirements, in the grade level(s) and/or subject area(s) designated by the School Board for reduction.
c. If more reductions are necessary, then non-continuing contract staff on Level One of the Evaluation Plan in the designated grade level(s) and/or subject area(s) shall be laid off.
d. If more reductions are necessary, then bargaining unit members in the designated grade level(s) and/or subject area(s) who have been on one or more performance improvement plan(s) for a total of 91 or more days, consecutively or non-consecutively, shall be laid off.
e. If more reductions are necessary, then all other bargaining unit members in the designated grade level(s) and/or subject area(s) shall be laid off from the designated grade level and/or subject area in inverse order of seniority. Seniority is teaching years of service in the Bow School District, with part-time or partial service accruing on a pro-rated basis (e.g., 3 years of half-time teaching equals 1.5 years of full-time teaching). If multiple bargaining unit members have the same seniority, the last bargaining unit member who was nominated for employment at a School Board meeting will be laid off first.
f. For the purpose of reduction-in-force, bargaining unit members will be classified according to their present assignment in terms of certification and HQT status (if applicable).
Section 2. A bargaining unit member who is laid off under Section 1(e) shall have full seniority rights in grade levels and/or subject areas to which the bargaining unit member is not presently assigned, provided the bargaining unit member is certified and HQT (if applicable) for such grade levels and/or subject areas. In such circumstances, the Superintendent will notify the Association that such grade level(s) and/or subject area(s) also are designated for reduction, and will apply the procedures of Section 1.
Section 3. Recall of a bargaining unit memb...
Position Elimination. When a position is eliminated and no layoff occurs, the Administration and WESSA shall meet in an effort to determine the placement of the affected employee.