Common use of REDUCING FORCES Clause in Contracts

REDUCING FORCES. (a) In reducing forces, seniority rights shall govern. Except as provided in paragraph (e) and (f) of this Rule, at least five working days advance written notice, including the date of notice, shall be given employees affected in reduction of forces or in abolishing positions. A copy of such notice shall also be posted on bulletin boards. Employees whose positions are abolished may exercise their seniority rights over junior employees; other employees affected may exercise their seniority rights in the same manner. Employees whose positions are abolished or who are displaced, and whose seniority rights entitle them to a regular position, shall assert such rights within ten (10) working days from the date actually affected. An employee who fails to exercise seniority within the ten (10) day period, must then either displace the junior employee on the seniority roster or bid a bulletined vacancy where such employee holds seniority. During this ten (10) day period, such employee will perform work as assigned. Employees having insufficient seniority to displace other employees will be considered furloughed. If an employee's exercise of seniority right would require a change in his residence he may assume a voluntary furloughed status by complying with paragraph (b). (b) Employees desiring to protect their seniority rights and to avail themselves of this rule must, within five calendar days from the date actually reduced to the furloughed list, file their names and addresses in writing, both with the proper officer (the officer authorized to bulletin and award positions) and the local chairman, and advise them promptly of any change in address. (c) When forces are increased or vacancies occur, furloughed employees shall be returned and required to return to service in the order of their seniority rights, except as otherwise provided in this rule. Such employees, when available, shall be given preference on a seniority basis to all extra work, short vacancies and/or vacancies occasioned by the filling of positions pending assignment by bulletin, which are not filled by rearrangement of regular forces. When a bulletined new position or vacancy is not filled by an employee in service senior to a furloughed employee, the senior furloughed employee will be called to fill the position. Furloughed employees failing to return to service within seven calendar days after being notified (by certified mail or telegram sent to the last address given) or to give reason satisfactory to management for not doing so, will be considered out of the service. (d) Furloughed employees desiring to waive their right to return to serve on positions or vacancies of less than thirty calendar days duration or to positions that would require a change in residence may do so by filling written notice with the proper officer as defined above and the general chairman; such waiver notice may be canceled or terminated in the same manner. (e) Advance notice to employees shall not be required before abolishing positions under emergency conditions, such as flood, snow storm, hurricane, derailments or train wreck, tornado, earthquake, fire or labor dispute other than as covered by paragraph (f), provided such conditions affect the company's operations in whole or in part. Such abolishment's will be confined solely to those work locations directly affected by any suspension of operations in whole or in part. Such abolishment's will be confined solely to those work locations directly affected by any suspension of operations . If an employee works any portion of the day he will be paid in accordance with existing rules. When the emergency ceases, all positions abolished must be re-established, with former occupants returned to their respective positions and said position need not be rebulletined. If the emergency conditions described herein terminate within seven days, employees will be entitled to return to their former positions at their next usual starting time not less than six hours after the emergency terminates; if the emergency conditions extend longer than seven days, employees will be entitled to return to their former positions at their usual starting time within forty-eight hours after the emergency terminates. (f) Advance notice to employees before positions are abolished shall not be required where any suspension of the company's operations in whole or in part is due to a labor dispute between the company and any of its employees. (g) Employees will not be furloughed for short periods except as provided in this rule.

REDUCING FORCES. (a) In reducing forces, seniority rights shall govern. Except as provided in paragraph Paragraph (e) and (f) of this Rule, at least five (5) working days days’ written advance written notice, including the date of notice, shall be given employees affected in reduction of forces or in abolishing positions. A copy of such notice shall also be posted on bulletin boards. Employees whose positions are abolished may exercise their seniority rights over junior employees; other employees affected may exercise their seniority rights in the same manner. Employees whose positions are abolished or who are displaced, and whose who seniority rights entitle them to a regular position, shall assert such rights within ten (10) working days from the date actually affected. An employee who fails to exercise seniority within the ten (10) day period, period must then either displace the junior employee on the seniority roster or bid a the bulletined vacancy where such employee holds employees hold seniority. During this ten (10) day period, such employee will perform work as assigned. Employees having insufficient seniority to displace other employees will be considered furloughed. If an employee's ’s exercise of seniority right rights would require a change in his residence residence, he may assume a voluntary furloughed status by complying with paragraph Paragraph (b), if agreed to by management and the General Chairman. (b) Employees desiring to protect their seniority rights and to avail themselves of this rule must, within five ten (10) calendar days from the date actually reduced to the furloughed list, file their names and addresses in writing, both with the proper officer (the officer authorized to bulletin and award positions) and the local chairmanGeneral Chairman, and advise them promptly of any change in address. (c) When forces are increased or vacancies occur, furloughed employees shall be returned and required to return to service in the order of their seniority rights, except as otherwise provided in this rule. Such employees, when available, shall be given preference on a seniority basis to all extra work, short vacancies and/or vacancies occasioned by the filling of positions pending assignment by bulletin, which are not filled by rearrangement of regular forces. When a bulletined new position or vacancy is not filled by an employee in service senior to a furloughed employee, the senior furloughed employee will be called to fill the position. Furloughed employees failing to return to service within seven (7) calendar days after being notified (by certified mail or telegram sent to the last address given) or to give reason satisfactory to management for not doing so, so will be considered out of the serviceservice and will forfeit seniority. (d) Furloughed employees desiring to waive their right to return to serve service on positions or vacancies of or less than thirty (30) calendar days days’ duration or to positions that would require a change in residence may do so by filling filing written notice with the proper officer as defined above and the general chairmanGeneral Chairman; such waiver notice may be canceled cancelled or terminated in the same mannermariner. If a furloughed employees’ recall to service would require a change in residence, he may assume a voluntary furloughed status as outlined in Paragraph (a) herein. (e) Advance notice to employees shall not be required before abolishing positions under emergency conditions, such as flood, snow storm, hurricane, derailments derailment or train wreck, tornado, earthquake, fire or labor dispute other than as covered by paragraph Paragraph (f), provided such conditions affect the company's operations Company’s operation in whole or in part. Such abolishment's abolishments will be confined solely to those work locations directly affected by any suspension of operations in whole or in part. Such abolishment's will be confined solely to those work locations directly affected by any suspension of operations operations. If an employee works any portion of the day day, he will be paid in accordance with existing rules. When the emergency ceases, all positions abolished must be re-established, with former occupants returned to their respective positions and said position need not be rebulletined. If the emergency conditions described herein terminate within seven (7) days, employees will be entitled to return to their former positions at their next usual starting time not less than six hours after the emergency terminates; if the emergency conditions extend longer than seven days, employees will be entitled to return to their former positions at their usual starting time within forty-eight hours after the emergency terminates. (f) Advance notice to employees before positions are abolished shall not be required where any suspension of the company's operations in whole or in part is due to a labor dispute between the company and any of its employees. (g) Employees will not be furloughed for short periods except as provided in this rule.six