Common use of SENIORITY AND LAYOFF Clause in Contracts

SENIORITY AND LAYOFF. The first twelve (12) months of continuous employment starting from the date of employment shall constitute a new employee’s probationary period. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfied.

Appears in 2 contracts

Samples: www.pembroke-ma.gov, www.pembroke-ma.gov

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SENIORITY AND LAYOFF. The first twelve six (126) months of continuous employment starting from the date of employment shall constitute a new employee’s probationary period. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve six (126) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve six (126) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve six (126) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by lay off in the order of Town-wide seniority regardless of job classification first, then by seniority, starting with the least senior employeeclassifications. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If a layoff is necessary, the Town shall layoff in the order of seniority regardless of job classification. In all cases, a layoff would start with the least senior employee and go up the seniority list which is outlined by the Union. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In If the case of the Town Hall Custodian Classification, if a layoff budget is necessaryaffected, the Town shall layoff in Hall custodian will have the order of starting with the least senior employee within the Custodian classification. An right to bump an employee in the Custodian classification DPW with lesser seniority and if a senior employee in the DPW is affected, he/she will not be permitted have the right to bump any a lesser senior employee within any of in the other DPW DivisionsTown Hall Custodian’s position. In the event of a layoffall cases, the Custodians shall not be eligible to bump into any other division of the DPWoverall seniority, meaning the Water, Highway, or Cemetery/Tree DivisionsTown wide seniority will prevail. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfied.

Appears in 1 contract

Samples: www.pembroke-ma.gov

SENIORITY AND LAYOFF. The first twelve (12) months 12.01 Seniority shall be defined as length of continuous employment starting service in a full time position with the University from the date of employment hire in a COPE position and shall constitute a new employee’s probationary period. At become effective after the three (3) month point in successful completion of the probationary periodperiod as defined in Article 9.01. Seniority for employees is subject to Article 12.07. 12.02 a) When it has been determined by the University that layoffs and/or redundancies are to occur, the DPW Director (for the DPW employees) University and the Town Administrator (for Union shall meet to discuss the Custodian employees) will meet with the employee for an evaluation in order layoffs and/or redundancies and to inform him/her of any problems with job performance and corrections that need identify those employees to be madelaid off or have their positions declared redundant. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee Layoffs shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the pastreverse order for positions with multiple incumbents. b) An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than may bump an employee with less Bargaining Unit wide seniority in a position in the same or lower job level, provided the employee has the necessary qualifications and abilities to perform the work in question. Should an employee elect layoff in lieu of exercising bumping rights, the employee shall do so in writing within three (3) yearsworking days of receiving written notice of layoff. The offer of re-employment c) If an employees present position is declared redundant, the employee shall be sufficient if made by certified or registered mail addressed transferred to the laid off employee at his last address of record, as shown by first vacant position within the records of same level and which the town. Any such laid off employee must respond and be available University has approved for re-employment within seventeen (17) days from staffing, provided the date of mailing of employee has the offer; otherwise necessary qualifications and abilities to perform the laid off work in question. If an employee is serving a trial period and the employees previous position is declared redundant and the employee fails to satisfactorily complete the trial period, the employee shall be deemed transferred to have refused the first vacant position within the same level and which the University has approved for re-employment staffing, provided the employee has the necessary qualifications and abilities to perform the Town's obligation under work in question. Such vacant positions will not be posted as provided in Article 10 of this article Agreement. An employee who is satisfiedtransferred to a vacant position shall be given up to three (3) months to demonstrate the ability to perform the duties and responsibilities of the new position. An employee who fails to perform satisfactorily during the trial period shall be entitled to one bump at the same or lower job level. Should the employee be unsuccessful in this position, the employee shall be laid off. When no vacancy is available, an employee shall be allowed to bump an employee with less seniority in a position in the same or lower job level provided the employee has the necessary qualifications and abilities to perform the work in question. Should an employee elect layoff in lieu of exercising the transfer option, the employee shall do so in writing within three (3) working days of receiving written notice of transfer.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY AND LAYOFF. The first twelve six (126) months of continuous employment starting from the date of employment shall constitute a new employee’s probationary period. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve six (126) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve six (126) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve six (126) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfied.thirty

Appears in 1 contract

Samples: www.pembroke-ma.gov

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SENIORITY AND LAYOFF. The first twelve (12) months 12.01 Seniority shall be defined as length of continuous employment starting service in a full time position with the University from the date of employment hire in a COPE position and shall constitute a new employee’s probationary period. At become effective after the three (3) month point in successful completion of the probationary periodperiod as defined in Article 9.01. Seniority for employees is subject to Article 12.08. 12.02 a) When it has been determined by the University that layoffs and/or redundancies are to occur, the DPW Director (for the DPW employees) University and the Town Administrator (for Union shall meet to discuss the Custodian employees) will meet with the employee for an evaluation in order layoffs and/or redundancies and to inform him/her of any problems with job performance and corrections that need identify those employees to be madelaid off or have their positions declared redundant. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee Layoffs shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the pastreverse order for positions with multiple incumbents. b) An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than may bump an employee with less Bargaining Unit wide seniority in a position in the same or lower job level, provided the employee has the necessary qualifications and abilities to perform the work in question. Should an employee elect layoff in lieu of exercising bumping rights, the employee shall do so in writing within three (3) yearsworking days of receiving written notice of layoff. The offer of re-employment c) If an employees present position is declared redundant, the employee shall be sufficient if made by certified or registered mail addressed transferred to the laid off employee at his last address of record, as shown by first vacant position within the records of same level and which the town. Any such laid off employee must respond and be available University has approved for re-employment within seventeen (17) days from staffing, provided the date of mailing of employee has the offer; otherwise necessary qualifications and abilities to perform the laid off work in question. If an employee is serving a trial period and the employees previous position is declared redundant and the employee fails to satisfactorily complete the trial period, the employee shall be deemed transferred to have refused the first vacant position within the same level and which the University has approved for re-employment staffing, provided the employee has the necessary qualifications and abilities to perform the Town's obligation under work in question. Such vacant positions will not be posted as provided in Article 10 of this article Agreement. An employee who is satisfiedtransferred to a vacant position shall be given up to three (3) months to demonstrate the ability to perform the duties and responsibilities of the new position. An employee who fails to perform satisfactorily during the trial period shall be entitled to one bump at the same or lower job level. Should the employee be unsuccessful in this position, the employee shall be laid off. When no vacancy is available, an employee shall be allowed to bump an employee with less seniority in a position in the same or lower job level provided the employee has the necessary qualifications and abilities to perform the work in question. Should an employee elect layoff in lieu of exercising the transfer option, the employee shall do so in writing within three (3) working days of receiving written notice of transfer. d) An employee who uses bumping rights to replace a less senior employee shall be given up to three (3) months to demonstrate the ability to perform the duties and responsibilities of the new position. An employee who fails to perform satisfactorily during this trial period shall be entitled to one additional bump at the same or lower job level. Should the employee be unsuccessful in this position, the employee shall be laid off.

Appears in 1 contract

Samples: Collective Agreement

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