Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close the entire location or a particular major section or sections of the said location on a permanent basis and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following: (a) They are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing date. (b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God. (c) Employees shall have the option to receive severance pay or transfer to another location. Said option shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) days. 13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 3 contracts
Sources: Collective Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary 17.1 For any employee who is eligible to close receive severance from the entire location or a particular major section or sections City under this Article, the City will contribute 105% of the said location on full amount of their severance payment to a permanent basis and it is not reasonably expected that those affected will be re-employed in Post Employment Health Plan (PEHP).
17.2 The following severance plan shall replace all other plans applicable to members of this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following:Bargaining Unit.
(a) They are presently employed by An employee must meet the Company and are accumulating seniority following requirements to receive a benefit under this plan.
(1) The employee must be voluntarily separated from City employment or have been laid off subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetence, or any other disciplinary reason are not eligible for the City severance pay program. For the purpose of this severance program, a death of an employee shall be considered as separation of employment and if the employee would have met all of the requirements set forth at the time of his/her death, payment of the severance pay shall be made to the employee’s estate or spouse. For the purpose of this severance program, a transfer from the City of Saint ▇▇▇▇ employment to Independent School District No. 625 employment is considered a separation of employment, and such transferee shall be eligible for the City severance program. For the purpose of this Article, service requirements for severance eligibility will not include years of service with the Independent School District No. 625 for employees hired by the City or transferred to the City after December 31, 1998.
(2) The employee must file a waiver of re-employment with the Human Resources Director, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re- employment (of any type), with the City.
(3) The employee must have a minimum of twenty (20) years of service and eight hundred (800) hours of sick leave credits at the time of his/her separation of service from the City.
(4) If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he/she will be granted severance pay as shown below. Minimum twenty (20) years of service and Severance accrued sick leave credits of: 800.......................................$10,000 1300.......................................$12,500 1800.......................................$15,000
18.1 Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal year (of the Employer) shall receive the rate of pay for the out-of-class assignment in a higher classification not later than ninety (90) days prior to the location's closing date.
(b) The closing sixteenth day of such assignment. For purposes of this Article, an out-of-class assignment is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation defined as the full-time performance of work, fire, government action or Act of God.
(c) Employees shall have the option to receive severance pay or transfer to another location. Said option shall be exercised within ninety (90) days all of the date significant duties and responsibilities of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid a classification by the Company forthwithan individual in another classification. For the purposes purpose of this sectionArticle, the location rate of pay for an out-of-class assignment shall be deemed the same rate the employee would receive if he was promoted to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) daysthe higher classification.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary
A. Instructional Employees covered hereunder who separate their employment with the Board shall be eligible to close convert their unused sick leave at the entire location time of separation. Eligible Instructional Employees shall be those who:
1. Have ten (10) or a particular major section or sections more years in active pay status, or
2. Have attained the age of fifty-five (55), or
3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits.
B. An Instructional Employee will not be eligible for severance pay should the Instructional Employee:
1. Be terminated by the Board for just cause;
2. Resign during the course of investigation by the Board for misconduct;
3. Resign in lieu of the said location Board terminating the Instructional Employee’s contract.
C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on a permanent the basis and it is not reasonably expected of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days.
D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that those affected will time. Payment shall be re-employed in this or made only once to any other of the Company's operations subject Instructional Employee. In order to Article 13.01 (d) a separation allowance will be paid to such employees subject eligible for severance pay, an application must be made to the following:
(a) They are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing date.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive severance pay or transfer to another location. Said option shall be exercised Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid.
E. In the event of the date death of closure. The scale an Instructional Employee who is otherwise eligible for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5)pay, times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location such Instructional Employee shall be deemed to be closed have made application for severance pay, and/or to have terminated employment on a permanent basis, when it or they cease to operate for a period the date immediately preceding the date of ninety (90) days.
13.02 Employees who receive death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the provisions District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of this Article shallthe Instructional Employee’s estate, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing partiesif applicable.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close the entire location or a particular major section or sections of the said location on a permanent basis and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following:
(a) They are presently Employees employed by Producer shall receive the Company and are accumulating seniority or severance pay set forth below if they have been laid off worked the necessary qualified years for the Producer as follows: * If the employee is not later than offered comparable employment within ninety (90) days prior to elapsed time after severance occurs, two (2) weeks of accrued severance pay shall be payable. If he is not offered comparable employment within two hundred seventy (270) elapsed days time after severance occurs, the location's closing dateunpaid balance of the total accrued severance pay shall be payable.
(b) The closing rate at which severance pay is not brought about by warpayable shall be determined in the same manner as the rate at which vacation pay is determined under the vacation pay provisions of this Agreement; provided, strikehowever, walkoutthat the base period used in computing the employee’s average earnings shall, work stoppagefor the purpose of severance pay, slowdown or other cessation be based on the twelve (12) consecutive month period ending on the date of workseverance, fire, government action or Act instead of Godthe employee’s personal income tax earnings year used in computing vacation pay.
(c) Employees A “year period” shall be a period of three hundred sixty-five (365) consecutive calendar days, unless extended as herein provided, with such period to commence with the date the employment is terminated and computed backward in retrospect upon the prior employment record with Producer. A “qualified year” shall be such a year period in which employee actually works two hundred (200) days hereunder for Producer. If such employee has less than two such consecutive “qualified” years, then he shall be deemed to have a single “qualified” year only if he actually works hereunder for Producer for: (1) one or more days during the option first six (6) months of the eighteen (18) month period immediately prior to receive the date his employment is terminated and, also (2) two hundred (200) days during the period of three hundred sixty-five (365) consecutive calendar days immediately preceding the date his employment is terminated.
(1) In computing past “qualified years,” any period of two hundred seventy (270) elapsed days commencing prior to the date hereof, in which the employee did not actually work for Producer, will be deemed to have broken the employment record of such employee and he shall be considered to be a new employee thereafter for the purposes of determining “qualified years.” In the event the severance of such employment occurs after the date hereof, then if the employee is not offered comparable employment within such two hundred seventy (270) elapsed days after such severance occurs, his employment record shall thereupon be terminated and, if rehired thereafter by Producer, he shall be considered a new employee for purposes hereunder as of the date of such rehire.
(2) In computing qualified years, if the employee actually worked one or more but less than two hundred (200) days hereunder for Producer in any respective year period, then such year period shall not be counted, but shall be bridged in computing “consecutive qualified years.” However, in no event shall qualified years be counted prior to the most recent termination in employment after which such employee was re- employed by Producer as a new employee as herein defined.
(3) If an employee on the date of the severance of his employment hereunder with Producer after the date hereof would otherwise have had one (1), two (2), three (3) or four (4) consecutive “qualified years” with Producer, but had received severance pay either before or transfer to another location. Said option after the date hereof, then, for these purposes, he shall be exercised within ninety deemed to be a new employee after such payment and the applicable consecutive qualified years shall be based and computed only upon his employment with Producer after he so became such a new employee. For example: Employee worked for Producer from December 10, 1961 to January 1, 1963, at which time he was dismissed and thereafter paid two weeks severance pay. He is then considered a new employee for severance pay purposes. He was re-employed by Producer on April 15, 1963 and dismissed on April 20, 1964. He was not re-employed by Producer. Ninety (90) days after April 20, 1964, he would be entitled to his maximum severance pay of one (1) week. For example: Employee worked for Producer from December 10, 1961 to January 1, 1963, at which time he was dismissed and thereafter paid two weeks severance pay. He is then a new employee for severance pay purposes. He was re-employed by Producer on July 15, 1963 and dismissed on February 1, 1964 and not rehired thereafter. He would not be entitled to any severance pay from Producer. If an employee on the date of closure. The scale for the severance allowance shall be based on of employment hereunder with Producer after the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus date hereof would otherwise already have had five (5)) or more consecutive “qualified years” with Producer, times two he shall be entitled to the total number of weeks of severance pay as provided in subparagraph (2a) weeks' payabove, less an “offset” in the number of days or weeks of any severance pay he received from Producer before the date hereof in connection with employment which is considered in the computation of such qualified years or with “bridged” years. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee This “offset” shall have apply towards the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or payment due after each respective ninety (90) days, whichever is soonerand also to the total number of weeks of severance pay accrued as referred to above. If In this instance, payment by Producer of full severance pay to employee prior to the date hereof shall not break the employee’s employment with such Producer for purposes of computing consecutive qualified years hereunder. For example: On December 31, 1963, the employee receives two (2) weeks severance pay from Producer. He is recalled within re-employed on February 15, 1964 and continues work with Producer to March 1, 1965, at which time he is dismissed. On that date, he had twenty (20) consecutive qualified years with Producer. He is not re-employed by Producer until March 3, 1966. The two (2) weeks of severance pay of December 31, 1963 are offset against the foregoing period, no two (2) weeks of partial severance allowance shall be payable. If the employee is NOT recalled within pay he would otherwise have been entitled to after ninety (90) daysdays following March 1, 1965 and he is not paid anything at that time. After two hundred seventy (270) days following March 1, 1965, he is entitled to eight (8) weeks of severance pay, the unpaid balance of the total accrued maximum ten (10) of weeks severance allowance pay.
(4) Any severance pay paid to an employee after the date hereof under this Agreement shall correspondingly reduce the total number of weeks of severance pay to which he is entitled. An employee who receives or has received full severance pay hereunder after the date hereof shall be paid by considered to be a new employee thereafter for the Company forthwithpurpose of this provision. For the purposes of this sectionexample: The employee is dismissed on February 1, the location shall be deemed to be closed 1964 and on a permanent basis, when it or they cease to operate for a period of ninety such date already had twenty-three (23) consecutive qualified years. Ninety (90) days.
13.02 Employees who receive severance pay under the provisions of this Article shalldays after February 1, in doing so1964, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.he is paid two
Appears in 2 contracts
Sources: Supplemental Basic Agreement, Supplemental Basic Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close If, before the entire location or a particular major section or sections end of the said location on Term either:
(i) the Company unilaterally terminates the Executive's employment without Cause;
(ii) the Executive's base salary, incentive compensation or group benefits are reduced materially by the Company, and the Executive, within 15 days after first learning of the reduction sends a permanent basis notice of resignation to the Company at its address first set forth above to the attention of the Vice President-Associate Services by certified mail; or
(iii) the Company fails to obtain the consent of a Successor required pursuant to Section 10(c); then Termination Without Cause shall have occurred. If Termination Without Cause shall occur and it is not reasonably expected that those affected will be re-employed in this or any other of within 21 days thereafter the Executive shall send by certified mail to the Company's operations subject to Article 13.01 (d) Vice President-Associate Services a separation allowance will be paid to such employees subject general release in form and substance satisfactory to the following:
(a) They are presently employed by Company, then the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior shall remit to the location's closing date.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation Executive Severance Pay equivalent to base pay for 26 weeks plus an additional week for each full year of work, fire, government action or Act service in excess of God.
(c) Employees shall have the option to receive severance pay or transfer to another location. Said option shall be exercised within ninety (90) days 10 years of service as of the date of closuretermination but in no event more than a total of 52 weeks. The scale for severance allowance Base pay shall be based calculated at the highest rate paid at any time prior to Termination Without Cause. Severance Pay shall be remitted to the Executive's residence in weekly installments of one week's base pay commencing on the fourth Thursday following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years Termination Without Cause. No grace period shall be allowed for remittance of service beyond 6 years service will apply Severance Pay, time being of the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recallessence. In the event Severance Pay is due:
(i) the Executive shall use reasonable efforts to seek other employment and keep the Company informed of all remuneration from employment received during the period Severance Pay is otherwise due;
(ii) there shall be set off against each weekly installment of Severance Pay otherwise due all remuneration from employment that the Executive may have obtained during the previous week; and
(iii) the Executive shall be entitled to the following additional payments:
(A) any base salary accrued or incentive compensation vested but not yet paid;
(B) pay for any vacation days not taken; and
(C) reimbursement for business expenses incurred, but not paid, prior to termination of employment. Payments made pursuant to this event, Section 2 shall be final and the Company shall hold not seek to recover all or any part of such payments from the severance allowance until Executive or from whomsoever may be entitled thereto, for any reasons whatsoever other than the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes Executive's breach in any material respect of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) days.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing partiesSection 7.
Appears in 2 contracts
Sources: Severance Pay Agreement (United Retail Group Inc/De), Severance Pay Agreement (United Retail Group Inc/De)
Severance Pay. 13.01 Severance Pay: Should it become economically On Lay-Off
22.01 There shall be no lay off from the bargaining unit until a reasonable effort has been made to make the necessary reductions in the workforce through attrition.
22.02 Preliminary notice of lay offs will be given to close the entire location or a particular major section or sections Union as soon as possible. A joint committee of two representatives each of the said location on Union and the Employer shall meet within a permanent basis and it is not reasonably expected that those affected week to discuss alternatives to lay off. A second meeting may be held within a week, if requested by either party.
22.03 Following the meeting(s), if lay offs are still required, the employee(s) will be re-employed given a lay off notice. A copy of the notice will be given to the Union.
22.04 An employee who is laid off (of a temporary or permanent nature) shall be given thirty (30) days notice or pay in this lieu of notice or any other combination of notice and pay totalling thirty (30) days.
22.05 Both parties agree that job security shall increase in proportion to length of service. In the event of lay-off, employees shall be laid off in reverse order of seniority. Employees so displaced shall be allowed to replace the junior employee in a classification in which he/she is qualified to perform the work. Employees displaced by lay-off based on bargaining unit wide seniority shall have the election of displacing a junior employee as stated above or accepting lay-off. Such election must be made within five (5) working days of notification of displacement. Failure to make an election as provided above will result in lay-off of the Company's operations subject employee concerned.
22.06 In addition to Article 13.01 22.05, an employee who has one year or more of continuous service who is laid off (dof a temporary or permanent nature) a separation allowance will shall be paid to such employees subject to severance pay at the followingtime of lay-off as follows:
(a) They are presently employed by In the Company and are accumulating seniority or have been case of an employee who is laid off not later than ninety following the signing of this agreement, the amount of severance pay shall be two (902) days prior to weeks pay for the location's closing datefirst and one weeks pay for each succeeding complete year of continuous service.
(b) The closing In the case of an employee who is not brought about by warlaid off for a second or subsequent time following the signing of this agreement, strike, walkout, work stoppage, slowdown or other cessation the amount of work, fire, government action or Act severance pay will be one weeks pay for each completed year of Godservice less any amount previously received under part (a) of this article.
(c) 22.07 Employees shall will be recalled in order of seniority, provided they are qualified to perform the work that is available. No new employees in a particular classification will be hired until those on lay-off have the option opportunity of re-employment. Such notice will be by registered letter to receive severance the last address supplied for the Human Resources employee file, and the laid-off employee will be given ten (10) working days to advise of their acceptance or rejection of such an offer.
22.08 The Employer agrees to pay or transfer the full coverage to another location. Said option shall be exercised within ninety the benefits and pension funds for employees laid off and remaining unemployed for periods of less than six (906) days months at the rate of the date of closure. The scale one (l) month for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times every two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option months of service, up to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety a maximum of six (906) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) daysmonths.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close In the entire location event of any layoff, or discharge, except for dishonesty, drunkenness, substance abuse or gross insubordination, or where the Union requires a particular major section or sections discharge for non-payment of the said location on a permanent basis and it is not reasonably expected that those affected dues CBS will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the followingpay severance pay as follows:
(a) They are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing date.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive 0 – 1 month service no severance 1 – 3 months’ service 1 week’s pay or transfer to another location. Said option shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 3 – 6 months’ service 2 weeks’ pay 3 years to 6 years – 12 months’ service 3 weeks’ pay Years of 12 months to 2 years’ service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 2 – 3 years’ service 5 x 2 = weeks’ pay 3 – 4 years’ service 6 weeks’ pay 4 – 5 years’ service 7 weeks’ pay 5 – 6 years’ service 8 weeks’ pay 6 – 7 years’ service 9 weeks’ pay 7 – 8 years’ service 10 weeks' ’ pay 8 – 9 years’ service 12 weeks’ pay 9 – 10 years’ service 13 weeks’ pay 10 years’ service 15 weeks’ pay 11 years’ service 16 weeks’ pay 12 years’ service 17 weeks’ pay 13 years’ service 18 weeks’ pay 14 years’ service 19 weeks’ pay 15 years’ service 20 weeks’ pay 16 years’ service 21 weeks’ pay 17 years’ service 22 weeks’ pay 18 years’ service 23 weeks’ pay 19 years’ service 24 weeks’ pay 20 years - 5 x 2 = 30 years’ service and over 25 weeks' pay 30 years - 5 x 2 = 50 weeks' ’ pay An employee shall have the option to remain must execute a general release on the payroll and the seniority list for possible recall. In this event, a form designated by the Company to receive any severance pay. Where a Technician has been laid off and is subsequently re-hired he shall hold start accruing severance pay credit from the severance allowance until the employee is recalled or ninety (90) days, whichever is soonerdate of such rehire. If the employee is recalled within the foregoing perioda Technician subject to layoff accepts other employment in a staff position with CBS, no severance allowance pay shall not be payable. If a Technician on layoff is re-hired as a Technician before he has been on layoff for a number of weeks equal to the employee is NOT recalled within ninety (90) daysnumber of weeks for which he has received severance pay, CBS shall be entitled to recoup the difference by offset against salary. In any such case, the severance allowance Technician so re-hired shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate retain credit for a period of ninety (90) days.
13.02 Employees who receive severance pay under purposes for the provisions number of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing partiesweeks so recouped.
Appears in 2 contracts
Sources: National Agreement, National Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary Tower shall and shall cause Graystone Bank or Tower’s Subsidiaries to close use its best efforts to continue the entire location or a particular major section or sections employment of all current employees in positions that will contribute to the successful performance of the said location on combined organization. Tower agrees to and agrees to cause Graystone Bank to provide severance pay, as set forth below, to any full-time, active employee of Tower or any Tower Subsidiary or of Graystone or any Graystone Subsidiary whose employment is terminated prior to or within one year after the Effective Date as a permanent basis and it result of the transaction contemplated herein if (i) such employee’s position is eliminated, or (ii) such employee is not reasonably expected that those affected will be re-employed offered or retained in this comparable employment (i.e., a position of generally similar job description, responsibilities, and pay with Tower or any other Tower Subsidiary and where the employee is not required to commute more than 30 miles more than the employee’s present commute) with Graystone Bank or any Tower Subsidiary, excluding any employee (i) who is being paid under an existing employment or change in control agreement or (ii) whose employment is terminated for cause, provided such employee executes a customary form of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to release and provided such employees subject to the following:
(a) They are presently employed by the Company and are accumulating seniority employee does not voluntarily leave employment with Tower, Greencastle or have been laid off not later than ninety (90) days Graystone Bank prior to the location's closing date.
(b) Effective Date. The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive severance pay or transfer to another location. Said option be provided by Tower and Graystone Bank under this subsection shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times equal two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks pay for each full year of continuous service with a minimum severance benefit of four (4) weeks’ pay 10 years - 5 x 2 = 10 and a maximum severance benefit of twenty-six (26) weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall ’ pay. Terminated employees will have the option right to remain on continue coverage under the payroll and the seniority list for possible recallrespective group health plan in accordance with IRC 4980(f). In this event, the Company shall hold During the severance allowance payment term or until the employee is recalled or ninety (90) daysenrolled in another health plan, whichever is sooneroccurs first, Tower or Graystone Bank will continue to pay the employer’s share of medical benefits that it pays for its employees generally, provided that any coverage period required under IRC 4980B shall run concurrently with the period that Tower or Graystone Bank pays the employer’s share of health coverage under this Section 4.17. If the employee is recalled within the foregoing periodEmployees of Graystone, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) daysTower, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location and their respective Subsidiaries shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period third party beneficiaries of ninety (90) daysthe commitments set forth in this Section 4.17.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 2 contracts
Sources: Merger Agreement (Tower Bancorp Inc), Merger Agreement (Tower Bancorp Inc)
Severance Pay. 13.01 a) Employees who are laid off will receive severance pay at the following rates. Where the letter of appointment specifies an appointment of less than 12 months, there shall be no severance pay entitlement except as the schedule below applies: 2 years' service but less than 3 years' service - 6 weeks' pay 3 years' service but less than 4 years' service - 8 weeks' pay 4 years' service but less than 5 years' service - 10 weeks' pay 5 years' service but less than 6 years' service - 12 weeks' pay 6 years' service but less than 7 years' service - 16 weeks' pay 7 years' service but less than 8 years' service - 18 weeks' pay 8 years' service but less than 9 years' service - 20 weeks' pay 9 years' service but less than 10 years' service - 22 weeks' pay 10 years' service and over - 24 weeks' pay Severance Pay: Should it become economically necessary to close the entire location or a particular major section or sections of the said location on a permanent basis and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance pay will be paid to such employees subject out in a lump sum. Under no circumstances will an employee who returns to the following:
(a) They are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing date.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive College upon recall be reimbursed for more weeks under severance pay or transfer than the actual number of weeks involved in the lay-off. Severance pay will only be paid to another location. Said option shall be exercised within ninety (90) days of the date of closure. The scale an employee once, unless he/she re-qualifies for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times again through another two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeksyears’ active employment after his/her date of recall.
b) All individuals listed below shall receive severance pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recallas per Article 13.01 (a). In this eventaddition, those individuals listed shall receive the Company shall hold equivalent number of weeks in notice. ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇
c) Any employee who has left or resigns from the severance allowance until employ of the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location College shall be deemed to be closed on a permanent basishave his/her name removed from the list. In the event of impending lay off of regular employees, when it or they cease the Employer will notify the Joint Committee and the employee in writing. The Joint Committee shall meet within five (5) days and shall recommend reasonable alternatives to operate for a period lay off within five (5) days of ninety its meeting. The Employer acknowledges its responsibility to make every reasonable effort to examine, within five (905) days, any reasonable alternatives suggested. The first alternative to be reviewed shall be the possibility of offering the individuals another position within the bargaining unit provided:
i) The individual can be expected to effectively carry out the responsibilities of the position, and
ii) where it is intended that the vacancy be filled. Other options which may include early retirement, retraining, surveying vacancies within the College system can be considered reasonable alternatives.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary 34.01 (1 Aug 04) All persons who are employed on a year-round basis on jobs within the Union’s jurisdiction who have eighteen (18) months or more of continuous service will be eligible for severance pay when laid off by Company action because there is no work available to close which their seniority entitles them. For the entire location or a particular major section or sections purpose of qualifying for severance pay, adjusted seniority will be considered as continuous service. The number of continuous years of service shall be calculated from the last lay-off period for which the employee received severance pay.
34.01.01 A laid off employee entitled to severance pay will be paid two (2) percent of his total earnings for the last full period of continuous service. One-half (0.5) of his severance pay due will be paid after the employee has been laid off six (6) weeks. The second half of the said location on severance pay due will be paid after the employee has been laid off three (3) months.
34.01.02 (1 Aug 04) If the duration of a lay-off exceeds twelve (12) months, one-half (0.5) week of pay will be paid per year of continuous service in addition to 34.01.01 above, subject to 34.02 below.
34.01.03 (1 Aug 04) In the event of a permanent basis paper machine, department, or mill closure, the maximum amount of severance pay will be one and one-half (1.5) weeks of pay per year of continuous service.
34.01.04 An employee’s recall rights will not be affected in any manner because of payment of severance pay. He will, however, be expected to accept whatever employment is offered to him. If recall occurs before the time when the severance payment is due, no such payment will be made. If an employee is offered recall according to the applicable recall provision in his case and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following:
(a) They refused, all recall and severance pay rights are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing dateautomatically cancelled.
(b) The closing 34.01.05 If an employee is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation recalled after having received all of work, fire, government action or Act of God.
(c) Employees shall have the option to receive his severance pay or transfer to another location. Said option shall be exercised within ninety (90) days due him, he will start as of the date of closure. The scale for severance allowance shall his return to accumulate a new period of time, which will be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the credited toward any future layoff.
34.01.06 If an employee is recalled or ninety after having received one-half (900.5) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, of the severance allowance shall be paid by the Company forthwith. For the purposes of this sectionpay due him, the location shall be deemed he will, upon return to be closed on work, start accumulating a permanent basis, when it or they cease to operate for a new period of ninety (90) daystime which will, in addition to the unpaid portion, be credited toward any future layoff.
13.02 Employees who receive 34.02 (1 Aug 04) The total amount of severance pay under the provisions that an employee may receive will not exceed one and one-half (1.5) weeks of this Article shallpay per year of continuous service, in doing sofor any reason, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under for any other Labour agreement or agreements between the signing partiestime.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close 38.01 An employee who has one (1) or more years of continuous service in the entire location or a particular major section or sections employ of the said location on a permanent basis and it Employer is not reasonably expected that those affected will entitled to be re-employed paid, or in this or any other the event of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject death to the following:employee's estate, severance pay equal to the amount obtained by multiplying the number of completed years of continuous employment by his weekly salary to a maximum of twenty (20) weeks’ pay. Maternity leave and adoption leave up to fifty-two (52) weeks shall be counted as service for severance pay purposes.
(a) They are presently employed by For the Company purpose of this Article, service for a temporary and are accumulating seniority or have been laid off not later than ninety part-time employees shall be the equivalent of one (901) days prior to year of accumulated service provided that where a break in employment exceeds twenty-four (24) consecutive months, service shall commence from the location's closing datedate of re-employment.
(b) The closing For the purpose of this Article, any period during which an employee is on authorized leave without pay, such period shall not brought about by warbe deemed to be a break in service; however, strike, walkout, work stoppage, slowdown or other cessation periods of work, fire, government action or Act authorized leave without pay shall not be considered as service in the calculation of Godseverance pay entitlement unless otherwise specified in the collective agreement.
(c) Employees An employee who has resigned or retired may be re-employed if he has been out of the public service for a period which is not less than the number of weeks for which he has received severance pay pursuant to (a) above, or, if he/she refunds the appropriate proportionate part of such severance pay.
38.03 The maximum severance pay which an employee shall have be paid for his total period of employment in the option public service shall not exceed the number of weeks as specified in (a) above.
38.04 The effective date of this Article shall be March 31, 2018. Notwithstanding that employees may elect which quarter of the 2018/19 fiscal year to receive their severance pay or transfer to another location. Said option entitlement, the rate of pay, service for severance entitlement and position used shall be exercised within ninety (90) days that on March 31, 2018. Where an employee is on layoff or an approved leave of absence, the position and rate of pay at the date of closure. The scale for severance allowance layoff or date of leave of absence shall be based on the following formulaused.
(a) The fiscal year commencing April 2018 shall be divided into four (4) quarters: Less than 1 year Nil 1 year April 1, 2018 to 2 years 2 weeks’ pay 3 years June 30, 2018 July 1, 2018 to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five September 30, 2018 October 1, 2018 to December 31, 2018 January 1, 2019 to March 31, 2019
(5), times two (2b) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have notify the option employer in writing and no later than April 30, 2018 which quarter they wish to remain on the payroll and the seniority list for possible recallreceive their severance entitlement. In this eventFurthermore, the Company employee shall hold the indicate in their written notification if he/she wishes to have all or a portion of his/her severance allowance until entitlement rolled into a RRSP. Where the employee is recalled or ninety (90) daysfails to indicate same, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance they shall be paid by the Company forthwith. For the purposes of this sectiontheir full severance entitlement.
38.05 Effective March 31, the location 2018, there shall be deemed to be closed on a permanent basis, when it or they cease to operate no further accumulation of service for a period of ninety (90) days.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing partiespurposes.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Severance Pay. 13.01 Severance PaySection A. Employees that have not already received board approval for their retirement as of 11/1/2015 and according to their individual hiring date (and years of service) will qualify for the following severance pay as specified and in accordance with Section B and Section C through G.
Section B. Employees working thirty (30) hours per week shall qualify for a two percent (2% of their hourly rate) VEBA contribution effective: Should it become economically necessary January 1, 2016.
Section C. All employees with a hire date prior to close January 1, 1990 shall receive:
1. $80 per day for each accumulated sick day as of January 1, 2015, upon retirement. The accumulated sick days as of January 1, 2015 shall be the entire location or a particular major section or sections of maximum and should the said location on a permanent basis and it is not reasonably expected that those affected employee’s sick days reduce, the payment will be re-employed based upon the reduced amount upon retirement. Payment shall be made accordingly: the first payment shall be made during the last month of employment in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject an amount equal to the following:
(a) They are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing date.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive employee’s total severance pay or transfer to another location. Said option shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days$5,000.00, whichever is soonerlesser. If the employee is recalled within the foregoing period, no severance allowance Any subsequent payment(s) required shall be payablemade on an annual basis commencing twelve (12) months following the employee’s date of retirement in an amount equal to the employee’s remaining severance pay or $5,000.00, whichever is lesser. If Employees must notify the employee is NOT recalled within ninety Superintendent in writing by May 1, one (901) daysyear prior to retirement. Failure of notification before May 1 shall not void nor reduce the employee's severance benefits but may result in a maximum of a one (1) year waiting period before receiving severance pay. Employees may elect to have payment made to an individual 401(a) account.
2. And $180 for each year of service to the school district as of January 1, 2015, which shall be contributed in the form of a 401(A) account by June 30, 2016. Employees shall be fully vested upon separation of employment.
Section D. All employees with a hire date of January 1, 1990 through December 31, 1995 shall receive:
1. $60 per day for each accumulated sick day as of January 1, 2015, upon retirement. The accumulated sick days as of January 1, 2015 shall be the maximum and should the employee’s sick days reduce, the severance allowance payment will be based upon the reduced amount upon retirement. Payment shall be paid made accordingly: the first payment shall be made during the last month of employment in an amount equal to the employee’s total severance pay or $5,000.00, whichever is lesser. Any subsequent payment(s) required shall be made on an annual basis commencing twelve (12) months following the employee’s date of retirement in an amount equal to the employee’s remaining severance pay or $5,000.00, whichever is lesser. Employees must notify the Superintendent in writing by May 1, one (1) year prior to retirement. Failure of notification before May 1 shall not void nor reduce the Company forthwithemployee's severance benefits but may result in a maximum of a one (1) year waiting period before receiving severance pay. For Employees may elect to have payment made to an individual 401(a) account.
2. And $130 for each year of service to the purposes school district as of this sectionJanuary 1, 2015, which shall be contributed in the form of a 401 (A) account by June 30, 2016. Employees shall be fully vested upon separation of employment.
Section E. All employees with a hire date of January 1, 1996 through December 31, 2000 shall receive:
1. $50 per day for each accumulated sick day as of January 1, 2015 upon retirement. The accumulated sick days as of January 1, 2015 shall be the maximum and should the employee’s sick days reduce, the location payment will be based upon the reduced amount upon retirement. Payment shall be deemed made accordingly: the first payment shall be made during the last month of employment in an amount equal to the employee’s total severance pay or $5,000.00, whichever is lesser. Any subsequent payment(s) required shall be closed made on an annual basis commencing twelve (12) months following the employee’s date of retirement in an amount equal to the employee’s remaining severance pay or $5,000.00, whichever is lesser. Employees must notify the Superintendent in writing by May 1, one (1) year prior to retirement. Failure of notification before May 1 shall not void nor reduce the employee's severance benefits but may result in a permanent basis, when it or they cease maximum of a one
(1) year waiting period before receiving severance pay. Employees may elect to operate for a period of ninety (90have payment made to an individual 401(a) daysaccount.
13.02 2. And $110 for each year of service to the school district as of January 1, 2015, which shall be contributed in the form of a 401 (A) account by June 30, 2016. Employees who receive shall be fully vested upon separation of employment.
Section F. All employees with a hire date of January 1, 2001 through December 31, 2005 shall receive:
1. $40 per day for each accumulated sick day as of January 1, 2015 upon retirement. The accumulated sick days as of January 1, 2015 shall be the maximum and should the employee’s sick days reduce, the payment will be based upon the reduced amount upon retirement. Payment shall be made accordingly; the first payment shall be made during the last month of employment in an amount equal to the employee’s total severance pay under or $5,000.00, whichever is lesser. Any subsequent payment(s) required shall be made on an annual basis commencing twelve (12) months following the provisions employee’s date of this Article shallretirement in an amount equal to the employee’s remaining severance pay or $5,000.00, whichever is lesser. Employees must notify the Superintendent in doing sowriting by May 1, terminate both their seniority and employment relationship one (1) year prior to retirement. Failure of notification before May 1 shall not void nor reduce the employee's severance benefits but may result in a maximum of a one
(1) year waiting period before receiving severance pay. Employees may elect to have payment made to an individual 401(a) account.
2. And $100 for each year of service to the school district as of January 1, 2015, which shall be contributed in the form of a 401 (A) account by June 30, 2016. Employees shall be fully vested upon separation of employment.
Section G. All employees with the Company and a hire date of January 1, 2006 or later shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.receive Section B.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close the entire location or a particular major section or sections of the said location on a permanent basis and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following:
(a) They are presently Employees employed by Producer shall receive the Company and are accumulating seniority or severance pay set forth below if they have been laid off worked the necessary qualified years for the Producer as follows: * If the employee is not later than offered comparable employment within ninety (90) days prior to elapsed time after severance occurs, two (2) weeks of accrued severance pay shall be payable. If he is not offered comparable employment within two hundred seventy (270) elapsed days time after severance occurs, the location's closing dateunpaid balance of the total accrued severance pay shall be payable.
(b) The closing rate at which severance pay is not brought about by warpayable shall be determined in the same manner as the rate at which vacation pay is determined under the vacation pay provisions of this Agreement; provided, strikehowever, walkoutthat the base period used in computing the employee’s average earnings shall, work stoppagefor the purpose of severance pay, slowdown or other cessation be based on the twelve (12) consecutive month period ending on the date of workseverance, fire, government action or Act instead of Godthe employee’s personal income tax earnings year used in computing vacation pay.
(c) Employees shall have the option to receive severance pay or transfer to another location. Said option A “year period” shall be exercised within ninety a period of three hundred sixty-five (90365) consecutive calendar days, unless extended as herein provided, with such period to commence with the date the employment is terminated and computed backward in retrospect upon the prior employment record with Producer, but in no event earlier than May 1, 2003. A “qualified year” shall be such a year period in which employee actually works two hundred (200) days of the date of closurehereunder for Producer. The scale for severance allowance shall be based on the following formula: Less If such employee has less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Examplesuch consecutive “qualified” years, then he shall be deemed to have a single “qualified” year only if he actually works hereunder for Producer for: 7 (1) one or more days during the first six (6) months of the eighteen (18) month period immediately prior to the date his employment is terminated and, also (2) two hundred (200) days during the period of three hundred sixty-five (365) consecutive calendar days immediately preceding the date his employment is terminated.
(1) In computing qualified years, if the employee actually worked one or more but less than two hundred (200) days hereunder for Producer in any respective year period, then such year period shall not be counted, but shall be bridged in computing “consecutive qualified years.” However, in no event shall qualified years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An be counted prior to the most recent termination in employment after which such employee shall have the option to remain was re-employed by Producer as a new employee as herein defined.
(2) If an employee on the payroll date of the severance of his employment hereunder with Producer after the date hereof would otherwise have had one (1), two (2), three (3) or four (4) consecutive “qualified years” with Producer, but had received severance pay either before or after the date hereof, then, for these purposes, he shall be deemed to be a new employee after such payment and the seniority list for possible recallapplicable consecutive qualified years shall be based and computed only upon his employment with Producer after he so became such a new employee. In this event, If an employee on the Company shall hold date of the severance allowance until of employment hereunder with Producer after the employee date hereof would otherwise already have had five (5) or more consecutive “qualified years” with Producer, he shall be entitled to the total number of weeks of severance pay as provided in subparagraph (a) above, less an “offset” in the number of days or weeks of any severance pay he received from Producer before the date hereof in connection with employment which is recalled considered in the computation of such qualified years or with “bridged” years. This “offset” shall apply towards the payment due after each respective ninety (90) days, whichever and also to the total number of weeks of severance pay accrued as referred to above. In this instance, payment by Producer of full severance pay to employee prior to the date hereof shall not break the employee’s employment with such Producer for purposes of computing consecutive qualified years hereunder.
(3) Any severance pay paid to an employee after the date hereof under this Agreement shall correspondingly reduce the total number of weeks of severance pay to which he is soonerentitled. An employee who receives or has received full severance pay hereunder after the date hereof shall be considered to be a new employee thereafter for the purpose of this provision.
(d) If the employee has refused an offer of comparable employment from the Producer or was not available when called for work by Producer within the ninety (90) day period or two hundred seventy (270) day period, as the case may be, as provided in subparagraph (a) above, or was dismissed for cause, or if he voluntarily resigns or is laid off as a result of physical incapacity, epidemic, fire, action of the elements, strike, walkouts, labor disputes, governmental order, court order or order of any other legally constituted body, act of God, public enemy, war, riot, civil commotion, or for any other cause or causes beyond the control of the Producer, whether of the same or any other nature, the employee shall not be entitled to any severance pay. If the employee was not available when called for work by Producer as above provided, then Producer, as soon as practical, shall notify the Union that such call was placed and that the employee was not available. With respect to call-backs after layoffs for severance pay, it is recalled recognized that in certain circumstances it may be difficult for an individual to accept a call immediately when he is currently employed at another studio. It is further recognized that in certain circumstances it may be difficult for the employee, as well as a hardship to the studio where he is then employed, to be required to accept a call immediately without any notice to his then present employer. It is believed that in the great majority of cases reasonable consideration should be given so that the employee will not lose his severance pay credits. To this end, it is the intent of the parties hereto that if an employee who has qualified for severance pay has been laid off by a studio and, within the foregoing ninety-day period referred to, such studio recalls the employee at a time when such employee is unable to accept such recall because of other employment in the motion picture industry, then such ninety-day period shall be extended by a period equivalent to the period of employment for which the employee was being recalled, but in no event to exceed twenty (20) days. In the event that such employee is again recalled by the studio within the ninety-day period, no as extended, and does not accept such recall because of other employment in the motion picture industry, or for any other reason, except as otherwise herein provided, then such employee shall lose his qualification for severance allowance pay and, in the event he is subsequently rehired by Producer, then such rehire shall be payableas a new employee for purposes hereunder. If In the event the employee is NOT recalled within ninety unavailable to accept such recall because of employment outside the motion picture industry at the time of such recall, he shall have a maximum of two (902) daysdays after the day of such recall to make himself available and, if he fails to do so, then such employee shall lose his qualification for severance pay and, in the severance allowance event he is subsequently rehired by Producer, then such rehire shall be paid as a new employee for purposes hereunder.
(e) The employment year will be extended by the Company forthwith. For length of any authorized “leave of absence without pay.”
(f) This Article does not apply to employees who are dismissed or not re-employed due to seniority requirements.
(g) If a successor company buys out Producer and continues the purposes operation of this sectionProducer’s studio, and if the location buying company continues the employment at the studio of an employee of Producer, such employee shall retain with the buying company his appropriate severance pay experience credit accrued with Producer and his employment shall not be deemed considered to be closed on a permanent basis, when it or they cease to operate terminated for a period of ninety (90) days.
13.02 Employees who receive severance pay under purposes. If such employee is not so continued in employment by the provisions buying company, then Producer is responsible for any severance pay due the employee at the time of this Article shallhis termination. If such employee is offered employment by the buying company, in doing so, terminate both their seniority and but elects not to continue his employment relationship with the Company and buying company, he shall have no further rights not be entitled to any severance pay from either Producer or privileges under this Agreement or under any other Labour agreement or agreements between the signing partiesbuying company.
Appears in 2 contracts
Sources: Supplemental Digital Production Agreement, Supplemental Digital Production Agreement
Severance Pay. 13.01 A. Newswriters, Promotion Writer/Producers, News Assignment ▇▇▇▇▇▇▇▇▇▇▇ and Writers, Researchers and News Desk Associates laid off or discharged for causes other than insubordination, dishonesty, intoxication or gross misconduct shall receive severance pay in accordance with the following schedule: Length of Service Amount of Severance Pay: Should it become economically necessary Pay 0 - 3 months 0 3 - 6 months 2 weeks 6 - 12 months 3 weeks 12 months to close the entire location or 2 years 4 weeks 2 - 3 years 5 weeks 3 - 4 years 6 weeks 4 - 5 years 7 weeks 5 - 6 years 8 weeks 6 - 7 years 9 weeks 7 - 8 years 10 weeks 8 - 9 years 12 weeks 9 - 10 years 13 weeks 10 years and over 15 weeks The Company will also give individual consideration to all entitled to receive severance pay.
B. If a particular major section or sections of the said location on a permanent basis and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following:
(a) They are presently News Editor who has been employed by the Company and are accumulating seniority more than six months is laid off, or have been laid off not later is discharged for causes other than ninety (90) days prior insubordination, dishonesty, intoxication or gross misconduct, the Company agrees to the location's closing date.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive give such News Editor severance pay or transfer to another location. Said option of one (1) week's staff salary for each full year of employment, but the minimum amount payable hereunder shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' severance pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and In computing seniority for purposes of this paragraph, the seniority list of an Editor who has been promoted from Newswriter to News Editor shall include full credit for possible recallthe time spent as a Newswriter. The Company will also give individual consideration to all entitled to receive severance pay.
C. In this eventthe event of any layoff or discharge of a Graphic Artist except for dishonesty, intoxication, or gross insubordination, or where the Union requires a discharge for non-payment of dues, the Company will pay in an amount equal to one (1) week's pay for each year of Company seniority; provided, however, that in no event shall hold a regular Employee receive less than two (2) week's severance pay.
D. Any employee who gives less than two weeks notice of resignation shall lose his/her accrued but unused vacation, except where prohibited by law. This forfeiture shall be one (1) day for each work day less than the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing above required two week notice period, no severance allowance e.g., if only one week of notice is given, the forfeiture shall be payable. If the employee is NOT recalled within ninety limited to five (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (905) days.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 1 contract
Sources: Wga CBS National Staff Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary 34.01 (1 Aug 04) All persons who are employed on a year-round basis on jobs within the Union’s jurisdiction who have eighteen (18) months or more of continuous service will be eligible for severance pay when laid off by Company action because there is no work available to close which their seniority entitles them. For the entire location or a particular major section or sections purpose of qualifying for severance pay, adjusted seniority will be considered as continuous service. The number of continuous years of service shall be calculated from the last lay-off period for which the employee received severance pay.
34.01.01 A laid off employee entitled to severance pay will be paid two (2) percent of his total earnings for the last full period of continuous service. One-half (0.5) of his severance pay due will be paid after the employee has been laid off six (6) weeks. The second half of the said location on severance pay due will be paid after the employee has been laid off three (3) months.
34.01.02 (1 Aug 04) If the duration of a lay-off exceeds twelve (12) months, one-half (0.5) week of pay will be paid per year of continuous service in addition to 34.01.01 above, subject to 34.02.
34.01.03 (1 Aug 04) In the event of a permanent basis paper machine, department, or mill closure, the maximum amount of severance pay will be one and one-half (1.5) weeks of pay per year of continuous service.
34.01.04 An employee’s recall rights will not be affected in any manner because of the payment of severance pay. He will, however, be expected to accept whatever employment is offered to him. If recall occurs before the time when the severance payment is due, no such payment will be made or if an employee is offered recall according to the applicable recall provision in his case and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following:
(a) They refused, all recall and severance pay rights are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing dateautomatically cancelled.
(b) The closing 34.01.05 If an employee is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation recalled after having received all of work, fire, government action or Act of God.
(c) Employees shall have the option to receive his severance pay or transfer to another location. Said option shall be exercised within ninety (90) days due him, he will start as of the date of closure. The scale for severance allowance shall his return to accumulate a new period of time, which will be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the credited toward any future layoff.
34.01.06 If an employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, after having received one-half of the severance allowance shall be paid by the Company forthwith. For the purposes of this sectionpay due to him, the location shall be deemed he will, upon return to be closed on work, start accumulating a permanent basis, when it or they cease to operate for a new period of ninety (90) daystime which will, in addition to the unpaid portion, be credited toward any future layoff.
13.02 Employees who receive 34.02 (1 Aug 04) The total amount of severance pay under the provisions that an employee may receive will not exceed one and one-half (1.5) weeks of this Article shallpay per year of continuous service, in doing sofor any reason, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under for any other Labour agreement or agreements between the signing parties.time.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close the entire location or a particular major section or sections of the said location on a permanent basis and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following:
(a) They As an alternative to bumping a more junior employee or going on the recall list for purposes of future recall, a permanent employee, whose position has been eliminated as the result of a layoff under this article, ▇▇▇ opt to resign and take severance pay. Employees, who take severance pay, are presently employed by deemed to have resigned their employment in all respects, after which they have no further claim against the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing dateEmployer arising out of their employment.
(b) The closing quantum of severance pay applying to any full-time employee is not brought about by warone (1) week's pay, strikecalculated at the employee's normal basic rate, walkoutfor each year of continuous employment completed immediately prior to his/her layoff, work stoppageprorated for time completed in the employee's final part year of service. Regular part-time employees shall be eligible for one (1) week's severance pay after each year of continuous accumulated service, slowdown based upon the average weekly hours each such employee normally works. Full-time employees having fifteen (15) or other cessation more years of workcontinuous employment completed immediately prior to their layoff, fire, government action or Act shall receive one (1) additional week's severance pay for each year of Godcompleted continuous employment that exceeds fifteen (15) years of continuous employment.
(c) Employees The above notwithstanding, laid-off employees, who are offered employment by a library system that replaces the VIRL in the employee's former geographical area or service area, shall have the option to receive not be eligible for severance pay or transfer under this article, provided the work involved is normally performed by professional librarians and such alternate employment is to another locationcommence within six (6) months of the employee's layoff date. Said option The VIRL has the right to take such actions as may be necessary to recover any severance amounts paid out under this article, for which the recipient is not eligible.
(d) A full-time employee who receives notice of layoff and who is eligible to retire under the terms of the Municipal Pension Plan during what would otherwise be their severance pay period may elect to take paid leave and then retirement. In such cases, the employee shall be exercised within ninety (90) days of commence the paid leave effective the date of closurelayoff. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The maximum number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ weeks of paid leave any employee may receive under this section shall not exceed the quantum of severance pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until which the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall would otherwise be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) days.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges entitled under this Agreement or under any other Labour agreement or agreements between the signing partiesarticle.
Appears in 1 contract
Sources: Collective Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close the entire location or a particular major section or sections of the said location on a permanent basis and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 12.01 (d) a separation allowance will be paid to such employees subject to the following:
(a) They have five (5) or more years' seniority.
(b) They are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing date.
(bc) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(cd) Employees shall have the option to receive severance pay or transfer to another location. Said option shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 5 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay nil An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) days.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close the entire location or a particular major section or sections of the said location on a permanent basis and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following:
(a) They are presently Employees employed by Producer shall receive the Company and are accumulating seniority or severance pay set forth below if they have been laid off worked the necessary qualified years for the Producer as follows: * If the employee is not later than offered comparable employment within ninety (90) days prior to elapsed time after severance occurs, two (2) weeks of accrued severance pay shall be payable. If he is not offered comparable employment within two hundred seventy (270) elapsed days time after severance occurs, the location's closing dateunpaid balance of the total accrued severance pay shall be payable.
(b) The closing rate at which severance pay is not brought about by warpayable shall be determined in the same manner as the rate at which vacation pay is determined under the vacation pay provisions of this Agreement; provided, strikehowever, walkoutthat the base period used in computing the employee’s average earnings shall, work stoppagefor the purpose of severance pay, slowdown or other cessation be based on the twelve (12) consecutive month period ending on the date of workseverance, fire, government action or Act instead of Godthe employee’s personal income tax earnings year used in computing vacation pay.
(c) Employees A “year period” shall be a period of three hundred sixty-five (365) consecutive calendar days, unless extended as herein provided, with such period to commence with the date the employment is terminated and computed backward in retrospect upon the prior employment record with Producer. A “qualified year” shall be such a year period in which employee actually works two hundred (200) days hereunder for Producer. If such employee has less than two such consecutive “qualified” years, then he shall be deemed to have a single “qualified” year only if he actually works hereunder for Producer for: (1) one or more days during the option first six (6) months of the eighteen (18) month period immediately prior to receive the date his employment is terminated and, also (2) two hundred (200) days during the period of three hundred sixty-five (365) consecutive calendar days immediately preceding the date his employment is terminated.
(1) In computing past “qualified years,” any period of two hundred seventy (270) elapsed days commencing prior to the date hereof, in which the employee did not actually work for Producer, will be deemed to have broken the employment record of such employee and he shall be considered to be a new employee thereafter for the purposes of determining “qualified years.” In the event the severance of such employment occurs after the date hereof, then if the employee is not offered comparable employment within such two hundred seventy (270) elapsed days after such severance occurs, his employment record shall thereupon be terminated and, if rehired thereafter by Producer, he shall be considered a new employee for purposes hereunder as of the date of such rehire.
(2) In computing qualified years, if the employee actually worked one or more but less than two hundred (200) days hereunder for Producer in any respective year period, then such year period shall not be counted, but shall be bridged in computing “consecutive qualified years.” However, in no event shall qualified years be counted prior to the most recent termination in employment after which such employee was re- employed by Producer as a new employee as herein defined.
(3) If an employee on the date of the severance of his employment hereunder with Producer after the date hereof would otherwise have had one (1), two (2), three (3) or four (4) consecutive “qualified years” with Producer, but had received severance pay either before or transfer to another location. Said option after the date hereof, then, for these purposes, he shall be exercised within ninety deemed to be a new employee after such payment and the applicable consecutive qualified years shall be based and computed only upon his employment with Producer after he so became such a new employee. For example: Employee worked for Producer from December 10, 1961 to January 1, 1963, at which time he was dismissed and thereafter paid two weeks severance pay. He is then considered a new employee for severance pay purposes. He was re-employed by Producer on April 15, 1963 and dismissed on April 20, 1964. He was not re-employed by Producer. Ninety (90) days after April 20, 1964, he would be entitled to his maximum severance pay of one (1) week. For example: Employee worked for Producer from December 10, 1961 to January 1, 1963, at which time he was dismissed and thereafter paid two weeks severance pay. He is then a new employee for severance pay purposes. He was re-employed by Producer on July 15, 1963 and dismissed on February 1, 1964 and not rehired thereafter. He would not be entitled to any severance pay from Producer. If an employee on the date of closure. The scale for the severance allowance shall be based on of employment hereunder with Producer after the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus date hereof would otherwise already have had five (5)) or more consecutive “qualified years” with Producer, times two he shall be entitled to the total number of weeks of severance pay as provided in subparagraph (2a) weeks' payabove, less an “offset” in the number of days or weeks of any severance pay he received from Producer before the date hereof in connection with employment which is considered in the computation of such qualified years or with “bridged” years. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee This “offset” shall have apply towards the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or payment due after each respective ninety (90) days, whichever is soonerand also to the total number of weeks of severance pay accrued as referred to above. If In this instance, payment by Producer of full severance pay to employee prior to the date hereof shall not break the employee’s employment with such Producer for purposes of computing consecutive qualified years hereunder. For example: On December 31, 1963, the employee receives two (2) weeks severance pay from Producer. He is recalled within re- employed on February 15, 1964 and continues work with Producer to March 1, 1965, at which time he is dismissed. On that date, he had twenty (20) consecutive qualified years with Producer. He is not re- employed by Producer until March 3, 1966. The two (2) weeks of severance pay of December 31, 1963 are offset against the foregoing period, no two (2) weeks of partial severance allowance shall be payable. If the employee is NOT recalled within pay he would otherwise have been entitled to after ninety (90) daysdays following March 1, 1965 and he is not paid anything at that time. After two hundred seventy (270) days following March 1, 1965, he is entitled to eight (8) weeks of severance pay, the unpaid balance of the total accrued maximum ten (10) of weeks severance allowance pay.
(4) Any severance pay paid to an employee after the date hereof under this Agreement shall correspondingly reduce the total number of weeks of severance pay to which he is entitled. An employee who receives or has received full severance pay hereunder after the date hereof shall be paid by considered to be a new employee thereafter for the Company forthwithpurpose of this provision. For the purposes of this sectionexample: The employee is dismissed on February 1, the location shall be deemed to be closed 1964 and on a permanent basis, when it or they cease to operate for a period of ninety such date already had twenty-three (23) consecutive qualified years. Ninety (90) days.
13.02 Employees who receive severance pay under the provisions of this Article shalldays after February 1, in doing so1964, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.he is paid two
Appears in 1 contract
Sources: Supplemental Basic Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary (a) An employee with not less than nine (9) years of continuous service with the University is entitled to close be paid on resignation, retirement, termination by reason of disability, expiry of recall rights, or death, severance pay equal to five (5) days' pay for each year of service up to a maximum of one hundred (100) days' pay.
(b) Sessional employees shall be eligible for severance pay provided they have accumulated not less than nine (9) years of actual service.
(c) A contractual employee with not less than nine (9) years of continuous service with the entire location University is entitled to be paid on resignation, retirement, termination by reason of disability, expiry of recall rights, or death, severance pay equal to five (5) days’ pay for each year of service up to a particular major section maximum of one hundred (100) days’ pay.
23.02 For the purpose of this Article, periods of Long Term Disability or sections other periods of authorized leave without pay provided for under the terms of the said location on Collective Agreement, shall not be regarded as a permanent basis break in continuous service and shall be counted as service in determining whether or not the employee has achieved the the nine (9) year threshold. Periods of Long Term Disability or authorized leave without pay up to a maximum of fifty-two (52) weeks shall be counted as service in the calculation of the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. Periods of layoff shall not be counted as service in the calculation of the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ nor shall it interrupt the accumulation of service accrued to that point, or in determining the threshold.
23.03 An employee who is not reasonably expected that those affected will be re-employed in after receiving severance pay, as provided for under this or any other Article, may be entitled to severance pay for subsequent periods of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the followingemployment provided that:
(a) They are presently employed by the Company and are accumulating seniority or have employee has been laid off out of the employ of the University for a period not later than ninety (90) exceeding the number of days prior to the location's closing datefor which severance pay was paid.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation the employee refunds the proportionate part of work, fire, government action or Act of Godsuch severance pay.
(c) Employees shall have the option to receive 23.04 The maximum amount of severance pay or transfer to another location. Said option shall be exercised within ninety (90) days which an employee can receive under this Article, irrespective of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' of service minus five (5)or periods of employment, times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ shall not exceed the number of days as specified in Clause 23.01.
23.05 Any severance pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An entitlement of a deceased employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) dayssuch employee's estate.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 1 contract
Sources: Collective Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary If (i) AXOGEN terminates the Employment Period for any reason other than Substantial Cause, Permanent Disability or death of Employee or (ii) Employee terminates the Employment Period due to close the entire location or a particular major section or sections AxoGen’s breach of the said location on a permanent basis this Agreement and it is not reasonably expected that those affected will failure to cure such breach within ten (10) days following notice of such breach, Employee shall be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject entitled to the following:
(ai) They are presently employed by For the remainder of the Employment Period, the Company will continue to pay the Employee’s Base Salary (at the rate in effect immediately before the Employee’s termination date), which shall be payable in normal installments in accordance with the Company’s payroll practices. Payment will commence within the sixty (60) day period following the Employee’s termination date (the “Commencement Date”) and are accumulating seniority or have been laid off not later than ninety (90) days prior to continue for the location's closing dateremainder of Employment Period in accordance with the Company’s payroll practices. The installments for the period between the date of termination and the Commencement Date will be made in one lump sum on the Commencement Date.
(bii) For the remainder of the Employment Period, the Company will pay the Employee the bonus or bonuses that the Employee would have earned under the bonus plan in which the Employee was participating on the date of termination had the Employee’s employment not terminated. The closing is not brought about by warbonus payments will be paid in accordance with the terms of the applicable bonus plan at the same times that similarly situated executives are paid bonus payments pursuant to such bonus plan, strikeor if later, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of Godon the Commencement Date.
(ciii) Employees During the remainder of the Employment Period, if the Employee timely elects continued coverage under COBRA, the Company will reimburse the Employee for the monthly COBRA cost of continued health and dental coverage paid by the Employee under health and dental plans of the Company pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (the “Code”), less the amount that the Employee would be required to contribute for health and dental coverage if the Employee were an active employee of the Company; provided that such reimbursements shall have not continue beyond the option period in which the Employee fails to receive severance pay or transfer to another locationthe applicable COBRA costs. Said option shall be exercised These reimbursements will commence within ninety sixty (9060) days following the termination date and will be paid on the first payroll date of each month.
(iv) Notwithstanding the foregoing, if the Employee is a “specified employee” of a publicly held corporation at the Employee’s termination date, the postponement provisions of Section 409A of the Code, as described in Section 8.M. below, shall apply, if applicable, and the term “Commencement Date” shall mean the first payroll date following the six-month period following the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) daystermination.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.”
Appears in 1 contract
Severance Pay. 13.01 A. If you (i) do not rescind this Agreement, as set forth in Section 9 below, (ii) comply with the terms of this Agreement, (iii) comply with the terms of your September 6, 2019 Employee Nondisclosure and Developments Agreement (the “NDA”) and any other post-employment obligations, (iv) are not terminated for Cause (as defined in the CIC Agreement), and (v) execute (no earlier than the Separation Date), do not revoke, and comply with the attached General Release and Satisfaction Agreement (Exhibit A), pursuant to your offer letter dated September 6, 2019 (the “Offer Letter”), the Company will pay you (i) severance pay in the gross amount of $300,000.00 (THREE HUNDRED THOUSAND DOLLARS AND NO CENTS) (the “Severance Pay: Should it become economically necessary ”), plus (ii) $50,000.00 (FIFTY THOUSAND DOLLARS AND NO CENTS), which represents full settlement of any and all outstanding disputed amounts, including but not limited to, bonus payments, future stock awards (the “Settlement Amount”).
▇. ▇▇▇▇▇▇▇▇▇ Pay and the Settlement Amount shall be subject to close the entire location or a particular major section or sections of the said location all required withholdings and taxes and shall be reported as income on a permanent basis and an IRS Form W-2 for each calendar year in which it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance paid. The Severance Pay will be paid in twenty-four (24) equal installments over a period of one year, commencing on the first regularly scheduled payroll date to such employees subject to occur after the following:
(a) They are presently employed by Effective Date, and paid in accordance with the Company Company’s payroll schedule for active employees. In the event that a Change of Control occurs during the one year period in which Severance Pay is being paid, the balance of any remaining unpaid Severance Pay shall be accelerated and are accumulating seniority or have been laid off not later than ninety (90) days paid in a lump-sum immediately prior to the location's closing date.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive severance pay or transfer to another location. Said option shall be exercised within ninety (90) days of the date Change of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwithControl. For the purposes of this sectionAgreement, “Change of Control” is defined in your CIC Agreement. The Settlement Amount will be paid in a lump sum on the location shall be deemed to be closed on a permanent basislater of (a) September 30, when it 2022 or they cease to operate for a period of ninety (90b) daysthe first regularly scheduled payroll date after the Effective Date.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 1 contract
Sources: Employee Transition Separation Agreement (Seachange International Inc)
Severance Pay. 13.01 In exchange for Employee’s promises contained herein and for Employee’s continued compliance with the obligations set forth herein, the Company agrees: a To pay Employee an amount equal to Employee’s base salary for the period beginning on the Effective Date of this Agreement and continuing for a period of 18-months (the “Severance Pay: Should it become economically necessary to close the entire location or a particular major section or sections Period”). The total payment for 18-months of the said location on a permanent basis base salary is $1,050,000.00 and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees Employee in a lump sum, subject to appropriate withholdings and deductions, within 15 calendar days after the Effective Date of this Agreement. The “Effective Date” of this Agreement is defined as the date this Agreement becomes effective and irrevocable. b To provide Employee with $120,000.00 to obtain outplacement services and to pay reasonable fees incurred by Employee for his professional affiliations, memberships, and/or certifications (the “Outplacement Services Payment”). The Company will not withhold any amount for taxes from this payment and will issue Employee an IRS Form 1099 for the Outplacement Services Payment. Employee agrees that he shall be solely responsible for any taxes which may be due on the Outplacement Services Payment. This amount shall be paid in one lump sum within 15 days calendar days after the Effective Date of this Agreement. c As of the Separation Date, Employee will become ineligible to participate in the Company’s health insurance program subject to Employee’s right, if any, to continuation coverage under COBRA. Thereafter, if applicable, coverage will be made available to Employee at Employee’s sole expense (i.e., Employee will be responsible for the full COBRA premium) for the remaining months of the COBRA coverage period made available pursuant to applicable law. d Any equity-based awards granted to Employee will be subject to the following:
(a) They are presently employed by terms and conditions of the Company equity incentive plan and are accumulating seniority or have been laid off not later than ninety (90) days prior its respective award document, which provide for the vesting of awards representing 6,028 shares of Company stock. e Employee will be paid an additional cash lump sum of $29,684.65 in full settlement of the 2021 LTIP Award that was scheduled to be made to the location's closing dateEmployee.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive severance pay or transfer to another location. Said option shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) days.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 1 contract
Sources: Severance Agreement (Yellow Corp)
Severance Pay. 13.01 Severance PayEmployees with nine (9) or more years of whose services are as a result of retirement in accordance with the provisions of The Civil Service Superannuation Act, or death, shall be paid, or to the employee’s estate in the event of death, severance pay the amount of one (1) week’s pay for each complete year of continuous employment or portion thereof, but the total amount of severance pay shall not exceed (15)weeks’ pay. (Example: Should it become economically necessary years, complete months of continuous service equals 8/12 years of continuous for purposes of calculation.) Where an employee in the employee’s ninth (9th) year of continuous service fails to close complete nine (9) years’ continuous service as a result of retirement in accordance with the entire location provisions of The Civil Service Superannuation Act or a particular major section death, the employee shall be paid, or sections to the estate in the event of death, severance pay on the basis of nine (9) week’s pay multiplied by the factor of the said location on number of complete months service completed in the employee’s ninth (9th) year divided by twelve (12) months. Employees with three (3) or more years of continuous employment whose services are terminated as a permanent basis and it is result of layoff shall be paid severance pay in the amount of one (1) week’s pay for each complete year of continuous employment or portion but the total amount of severance pay shall not reasonably expected that those affected will be reexceed twenty-employed two (22) weeks’ EX04 The rate of pay referred to in this Article shall be determined on the basis of the last regular rate of pay, excluding allowances, which was effect for the employee at the of retirement, layoff, death. The rate of pay shall be on the basis of the applicable work week. In the case of employees eligible for severance pay who are on stand-by or temporary layoff at the of retirement, permanent layoff or death, the weekly shall be the normal weekly hours of work in effect for the classification of the employees at the time of the permanent layoff or death. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ De ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ Marie ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇ Manager Account Representative OD (Excluded) Training &Promotions Officer Senior Policy Procedures Analyst Supervisor of Telemarketing Account Representative Account Representative Accounting Clerk Activities Instructor Admin. Officer A02 Admin. Officer Admin. Sec. Computer October October October ZOOS COLA COLA COLA COLA COLA Re: Civil Service Superannuation Fund This Memorandum of Agreement will serve to confirm the agreement of the parties with respect participation by certain former civil servants in the Civil Service Superannuation Fund (the “Fund”), That only those listed below shall be eligible to continue to participate in the Fund, Participating employees shall continue to participate in the Fund for as long as they remain in the employ of the Manitoba Lotteries Corporation. Participating employees shall not be eligible to participate in any other Manitoba Lotteries Corporation pension plan. Participating Employees: ▇▇▇▇ y ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ De ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ Lotteries Corporation Memorandum of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to Agreement The Employer has implemented the following:
(a) They are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing date.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive severance pay or transfer to another location. Said option shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) days.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 1 contract
Sources: Collective Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary 34.01 (1 Aug 04) All persons who are employed on a year-round basis on jobs within the Union’s jurisdiction who have eighteen (18) months or more of continuous service will be eligible for severance pay when laid off by Company action because there is no work available to close which their seniority entitles them. For the entire location or a particular major section or sections purpose of qualifying for severance pay, adjusted seniority will be considered as continuous service. The number of continuous years of service shall be calculated from the last lay-off period for which the employee received severance pay.
34.01.01 A laid off employee entitled to severance pay will be paid two (2) percent of his total earnings for the last full period of continuous service. One-half (0.5) of his severance pay due will be paid after the employee has been laid off six (6) weeks. The second half of the said location on severance pay due will be paid after the employee has been laid off three (3) months.
34.01.02 (1 Aug 04) If the duration of a lay-off exceeds twelve (12) months, one-half (0.5) week of pay will be paid per year of continuous service in addition to 34.01.01 above, subject to 34.02.
34.01.03 (1 Aug 04) In the event of a permanent basis paper machine, department, or mill closure, the maximum amount of severance pay will be one and one-half (1.5) weeks of pay per year of continuous service.
34.01.04 An employee’s recall rights will not be affected in any manner because of the payment of severance pay. He will, however, be expected to accept whatever employment is offered to him. If recall occurs before the time when the severance payment is due, no such payment will be made or if an employee is offered recall according to the applicable recall provision in his case and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following:
(a) They refused, all recall and severance pay rights are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing dateautomatically cancelled.
(b) The closing 34.01.05 If an employee is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation recalled after having received all of work, fire, government action or Act of God.
(c) Employees shall have the option to receive his severance pay or transfer to another location. Said option shall be exercised within ninety (90) days due him, he will start as of the date of closure. The scale for severance allowance shall his return to accumulate a new period of time, which will be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the credited toward any future layoff.
34.01.06 If an employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, after having received one-half of the severance allowance shall be paid by the Company forthwith. For the purposes of this sectionpay due to him, the location shall be deemed he will, upon return to be closed on work, start accumulating a permanent basis, when it or they cease to operate for a new period of ninety (90) daystime which will, in addition to the unpaid portion, be credited toward any future layoff.
13.02 Employees who receive 34.02 (1 Aug 04) The total amount of severance pay under the provisions that an employee may receive will not exceed one and one-half (1.5) weeks of this Article shallpay per year of continuous service, in doing sofor any reason, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under for any other Labour agreement or agreements between the signing partiestime.
Appears in 1 contract
Sources: Collective Agreement
Severance Pay. 13.01 A. The Board will grant a Southeast School Support Personnel who is retiring, Severance Pay: Should it become economically necessary Pay equal to close the entire location or a particular major section or sections Southeast School Support Personnel's unused accumulated Sick Leave days at the Southeast School Support Personnel's per diem rate of pay, as determined by the employee's final base salary divided by the number of contract days in the school year.
B. Payment of Severance Pay shall eliminate all accrued Sick Leave days.
C. Regardless of the said location on a permanent basis and it percentage received, the maximum number of days payable under this provision is not reasonably expected that those affected will be reseventy – six (76) days. The formula for calculating Severance Pay shall be: YEARS IN SOUTHEAST LOCAL SCHOOL DISTRICT 0-5 years 15% of Accumulated Sick Days 6-15 years 30% of Accumulated Sick Days 16-up years 35% of Accumulated Sick Days
D. If an employee dies while still employed in this or by the District, any other of the Company's operations subject to Article 13.01 (d) a separation allowance will severance pay due shall be paid to such employees subject to the following:
(a) They are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the locationemployee's closing dateestate.
E. For a bargaining unit member, who, at the time of calculation of severance has at least two hundred fifty (b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive severance pay or transfer to another location. Said option shall be exercised within ninety (90250) days of the date accumulated, unused sick leave days, he/she will be provided an additional severance payment equal to Ten Dollars ($10.00) per day for each day of closureaccumulated, unused sick leave between two hundred fifty-one (251) days and four hundred fifty (450) days. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year parties agree to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years form a joint workgroup consisting of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have representatives of SELDTA, two (2) representatives from SSSPA and two (2) representatives from any other bargaining unit in the option to remain on the payroll and the seniority list for possible recall. In this eventDistrict, the Company shall hold the severance allowance until the employee is recalled Superintendent or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) daysdesignee, the Treasurer, counsel competent in tax law and an OEA representative to discuss and negotiate a compliant IRS “Special Pay Plan”/deferred compensation plan for severance allowance shall be paid under this Article. The workgroup will commence meeting by the Company forthwith. For end of the purposes first nine (9) weeks of this section, the location shall be deemed 2020-2021 school year with the intent of reaching an agreement in Memorandum of understanding to be closed on a permanent basisconsidered by May 1, when it or they cease to operate for a period of ninety (90) days2021.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 1 contract
Sources: Master Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close the entire location or a particular major section or sections of the said location on a permanent basis and it Whenever an employee is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject terminated he/she shall receive severance pay benefits pursuant to the followingprovisions set forth below:
(a) They are presently employed by Upon the Company and are accumulating seniority or have been laid off not later than ninety completion of five (905) days prior years of unbroken service an employee shall be eligible for a severance benefit equal to twenty (20) hours of pay at the employee’s regular straight time rate. The night work pay set forth in Article 10 shall be included in the employee’s straight time rate to the location's closing datesame degree it is included in the calculation of vacation allowance under Article 13, Section 3.
(b) The closing For the purpose of severance employees hired as a result of the acquisition from H.P. ▇▇▇▇ the five year qualification time is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of Godwaived and they are provided past H.P. Hood service credit. For employee list see Addendum.
(c) Employees The employee shall be eligible for an additional twenty (20) hours’ severance pay benefit for each additional year of service through the fifteenth (15th) year.
(d) For each year of unbroken service in excess of fifteen (15) the employee shall be eligible for an additional forty (40) hours severance benefit; provided that in no event shall the total severance benefit to which an employee shall become entitled exceed four hundred (400) hours. The yearly severance benefit due an employee shall be proportionately applied to any period of services between the employee’s most recent anniversary of hire and the date of his/her termination.
(e) No severance benefit shall be due under this Section to an employee under any of the following conditions:
1. If the employee quits or is discharged for cause.
2. If the employee retires within six (6) months after layoff.
3. If prior to his/her termination, the employee is offered regular full- time employment within the jurisdiction of the Local Union.
4. If prior to his termination, the employee is offered and accepts full- time employment at a location of the Employer outside the jurisdiction of the Local Union within the industry.
5. With respect to (3) and (4) above, if the employee accepts the offer and is subsequently terminated, he/she shall receive severance pay based on his/her company seniority, except in the case of resignation, or discharge for just cause.
6. If an employee is on layoff at the time of the closing and his/her seniority has not been broken, he shall not be eligible for a severance benefit if he has regular full-time employment elsewhere.
(f) The seniority of an employee shall be broken upon his receipt of a severance benefit.
(g) Severance benefits shall be paid to the employee not later than his final check.
(h) The severance benefits provided by this Section shall be exclusive of all other benefits under this Agreement.
(i) This Section shall not apply if the work at the closed plant or location is transferred to another plant or location covered by this Agreement.
(j) Six (6) months after the employee is laid off, he/she shall have the option to receive severance pay pay, if any, to which he/she is then entitled or transfer to another locationretain his/her recall rights for an additional six (6) months. Said option If he/she elects to retain his/her recall rights and he/she is not recalled within six (6) months, he/she shall thereupon be exercised within ninety (90) days entitled to his/her severance pay; provided that if the plant closes and one of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five conditions described in Paragraph (5D), times two (23), (4) weeks' above applies, he shall not be entitled to severance pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) days.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary 34.01 (1 Aug 04) All persons who are employed on a year-round basis on jobs within the Union’s jurisdiction who have eighteen (18) months or more of continuous service will be eligible for severance pay when laid off by Company action because there is no work available to close which their seniority entitles them. For the entire location or a particular major section or sections purpose of qualifying for severance pay, adjusted seniority will be considered as continuous service. The number of continuous years of service shall be calculated from the last lay-off period for which the employee received severance pay.
34.01.01 A laid off employee entitled to severance pay will be paid two (2) percent of his total earnings for the last full period of continuous service. One-half (0.5) of his severance pay due will be paid after the employee has been laid off six (6) weeks. The second half (0.5) of the said location on severance pay due will be paid after the employee has been laid off three (3) months.
34.01.02 (1 Aug 04) If the duration of a lay-off exceeds twelve (12) months, one-half (0.5) week of pay will be paid per year of continuous service in addition to 34.01.01 above, subject to 34.02.
34.01.03 (1 Aug 04) In the event of a permanent basis paper machine, department, or mill closure, the maximum amount of severance pay will be one and one-half (1.5) weeks of pay per year of continuous service.
34.01.04 An employee’s recall rights will not be affected in any manner because of the payment of severance pay. He will, however, be expected to accept whatever employment is offered to him. If recall occurs before the time when the severance payment is due, no such payment will be made. Or, if an employee is offered recall according to the applicable recall provision in his case and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following:
(a) They refused, all recall and severance pay rights are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing dateautomatically cancelled.
(b) The closing 34.01.05 If an employee is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation recalled after having received all of work, fire, government action or Act of God.
(c) Employees shall have the option to receive his severance pay or transfer to another location. Said option shall be exercised within ninety (90) days due him, he will start as of the date of closure. The scale for severance allowance shall his return to accumulate a new period of time, which will be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the credited toward any future layoff.
34.01.06 If an employee is recalled or ninety after having received one-half (900.5) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, of the severance allowance shall be paid by the Company forthwith. For the purposes of this sectionpay due him, the location shall be deemed he will, upon return to be closed on work, start accumulating a permanent basis, when it or they cease to operate for a new period of ninety (90) daystime which will, in addition to the unpaid portion, be credited toward any future layoff.
13.02 Employees who receive 34.02 (1 Aug 04) The total amount of severance pay under the provisions that an employee may receive will not exceed one and one-half (1.5) weeks of this Article shallpay per year of continuous service, in doing sofor any reason, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under for any other Labour agreement or agreements between the signing partiestime.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Severance Pay. 13.01 Severance PayEmployees with nine (9) or more years of continuous employment whose services are terminated as a result of retirement in accordance with the provisions of The Civil Service Superannuation Act, or death, shall be paid, or to the employee’s estate in the event of death, severance pay in the amount of one (1) week’s pay for each complete year of continuous employment or portion thereof, but the total amount of severance pay shall not exceed fifteen (15) weeks’ pay. (Example: Should it become economically necessary years, complete months of continuous service equals 8/12 years of continuous service for purposes of calculation.) Where an employee in his or her ninth (9th) year of continuous service fails to close complete nine (9) years’ continuous service as a result of retiremen accordance with the entire location provisions of The Civil Service Superannuation Act or a particular major section the employee shall be paid, or sections to the employee’s estate in the event of death, severance pay on the basis of nine (9) weeks’ pay multiplied by the factor of the said location number of complete months service completed in his or her ninth (9th) year divided by twelve (12) months Employees with three (3) or more years of continuous employment whose services are terminated as a result of permanent lay-off shall be paid severance pay in \\of one week’s pay for each complete year of continuous employment thereof, but the total amount of severance pay shall not exceed twenty-two Where an employee in his or her third (3rd) year of continuous service fails to complete three (3) years’ continuous service as a result of permanent lay-off, the employee shall be paid severance pay on a permanent the basis and it is not reasonably expected that those affected will be re-employed of three (3) weeks’ pay multiplied by the factor of the number of complete months service completed in his or her third (3rd) year divided by twelve (12) months. The rate of pay referred to in this or any other Article shall be determined on the is of the Company's operations last regular rate of pay, excluding allowances, which was n effect for the employee at the time of retirement, permanent lay-off, or death. Subject to section the rate of pay for hourly rated employees shall be determined on the basis of the applicable work week, either thirty-six and one-quarter (36 or forty (40) hours per week. In the case of employees eligible for severance pay who are on stand-by or temporary lay-off at the time of retirement, permanent lay-off or death, the weekly hours shall be, subject to Article 13.01 (d) a separation allowance will Section the normal weekly hours of work in effect for the classification of the employees at the time of the retirement, permanent lay-off or death. In the case of hourly paid employees whose total weekly hours of work vary between summer and winter, the severance pay to be paid to such employees subject to the following:
(a) They are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing date.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive severance pay or transfer to another location. Said option shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on an average of the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years normal hours of service beyond 6 years service will apply work over the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) daysfiscal year.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 1 contract
Sources: Collective Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close 29.01 An employee who has nine (9) or more years of continuous service in the entire location or a particular major section or sections employ of the said location School Board is entitled to be paid on resignation, retirement, termination by reason of disability, expiry of recall rights or in the event of death to the employees designated beneficiary or to the estate severance pay equal to the amount obtained by multiplying the number of completed years of continuous service by his/her weekly salary to a permanent basis maximum of twenty (20) weeks pay. If the employee has break(s) in service which result in a loss of seniority the continuous service will commence from the most recent date of hire. See the following School Board Previous Collective Agreement References in Appendix “A”: Vista School Board # 8 Clause 29.01(c) and it is not reasonably expected “qualifying period”; Avalon West School Board # 9 Clause 25.06
29.02 For the purpose of this Article, service for a school term or seasonal employee shall be the actual period of employment with the Employer provided that those affected will where a break in employment exceeds twenty-four (24) consecutive months service shall commence from the date of re-employment.
29.03 An employee who has resigned or retired may be re-employed in this or any other if he/she has been out of the Company's operations subject employ of the Employer for a period which is not less than the number of weeks for which he/she has received severance pay pursuant to Article 13.01 (d) a separation allowance will be paid to Clause 29.01 above or if he/she refunds the appropriate proportionate part of such employees subject to the following:
(a) They are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing dateseverance pay.
(b) 29.04 The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive maximum severance pay or transfer to another location. Said option shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An which an employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by for his/her total period of employment in the Company forthwith. employ of the Employer shall not exceed the number of weeks as specified in Clause 29.01
29.05 For the purposes purpose of this sectionArticle, periods of regularly occurring temporary layoffs of school term employees or periods of authorized leave without pay shall not be regarded as breaks in continuous service. These periods of regularly occurring temporary layoffs of school term employees or leaves without pay shall not be counted as service when determining the location total amount of continuous service of an employee.
29.06 Employees who are employed for the school year which is normally ten (10) months will be eligible for pro-rated severance pay benefits after nine (9) calendar years. *29.07 Maternity, parental and adoption leaves shall be deemed to be closed on a permanent basis, when it or they cease to operate counted as service for a period of ninety (90) days.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing partiespurposes.
Appears in 1 contract
Sources: Master Collective Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary pay will be in accordance with the Standards Code except that the amount of payment will be equal to close the entire location or a particular major section or sections greater of the said location on Code or one week’s regular pay for each year of employment up to a permanent basis and it is not reasonably expected that those affected maximum of (26) weeks. Part years will be re-employed calculated in this or any other twelfths of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following:
(a) They are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing date.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive year. No severance pay or transfer pay in lieu of notice is required in the event of termination during the probationary period or pursuant to another locationthe provisions of Article The parties agree to the adoption of a new job evaluation system Simple Effective Solution). Said option The purpose of is to establish and maintain detailed job descriptions and departments; establish and maintain an equitable neutral wage structure; and, establish a procedure to maintain a gender-neutral compensation system that reflects changes in job requirements and working conditions. It is further agreed that during the contract period, the joint Job Committee will develop an implementation plan that will consist of a comprehensive training and development program for each job. This Agreement shall be exercised within ninety remain in full force and effect for a period commencing May (90except where otherwise specifically provided) days of and shall continue in force until May and shall renew itself automatically from year to year from the date of closure. The scale for severance allowance shall be based on last aforesaid, provided that either party may, at any time during the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have months preceding the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes date of expiry of this sectionAgreement, give to the location shall be deemed other party written notice of its intention to be closed on a permanent basis, when it terminate or they cease to operate for a period of ninety (90) days.
13.02 Employees who receive severance pay under the provisions seek amendment of this Article shallAgreement. Within ten working days receipt of such notice of intention, in doing so, terminate both their seniority and employment relationship with negotiations for renewal of the Agreement shall begin between the Company and shall have no further rights or privileges under the Union. If negotiations continue beyond the termination of this annual period, either party may then terminate this Agreement or under at any time upon ten (10) working days written notice to the other Labour agreement or agreements between party. DATED at Winnipeg, Manitoba this For the signing parties.Union: LOCAL For the Company: General Manager President ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ Human Resources Manager Production Manager Bargaining Committee Franklin rank Committee Committee Staff Representative DEPARTMENT RECEIVING Mat Handler Mat Handler Max Max Max Receiver Max Max COIL CORESHEAR CORE ASSEMBLY Core Shear OD Core Shear Max Max Oil Processor Max Oil Processor Oil Processor Max Max OIL PROCESSING Assembler Max Assembler Max Assembler Max Assembler Max Assembler Controls Tester Max Max INTERNAL ASSEMBLY Assembler Max Assembler Max Assembler Max CONTROLS ASSEMBLY EXTERNAL ASSEMBLY TEST Test Tech Test Tech Test Tech Max Max Max PAINTING Painter Painter Fitter Welder x LO Fitter Welder LO FITTER WELDING Max Max Welder Welder WELDING METAL FABRICATION PLASMA SHOTBLAST Metal Metal Metal Max Max Max
Appears in 1 contract
Sources: Collective Agreement
Severance Pay. 13.01 18.01 Severance Pay shall be awarded to Employees when they go on Regular Service Retirement according to provisions of O.R.C. Section 124.39.
18.02 To be eligible for Severance Pay: Should it become economically necessary to close , the entire location Employee must have a minimum of ten (10) years experience or years of service. The service must be with the State of Ohio, any of its political subdivisions, or served in the United States Armed Forces. Only a particular major section or sections maximum of two (2) years of Military Service will count for years of service.
18.03 The maximum number of days allowable by the Board shall be twenty-five percent (25%) of the said location on unused accumulated Sick Leave, not to exceed a permanent basis total of fifty (50) days.
18.04 Severance Pay is to be computed in the following manner: Days allowable X the Employee’s current hourly rate of pay X the employee’s regular scheduled hours per day = Severance Pay.
18.05 No Retirement deduction will be taken from the Severance Pay, but Income Tax deductions will be made.
18.06 Severance Pay will be awarded within three (3) weeks after the legal date of retirement is confirmed by the School Employees Retirement System.
18.07 To legalize the transaction and it to verify the payment of Severance Pay, the employee shall provide documentation from the retirement system that retirement income has been received, e.g. paystub, direct deposit notice.
18.08 Provisions of this Policy not permitted by law shall be considered null and void.
18.09 The Employee must apply for Severance pay within a year after terminating employment with the Claymont City Board of Education in order to be eligible for Severance Pay from the School District.
18.10 Such payment shall exhaust all accumulated Sick Leave Credit and be made only once to any Bargaining Unit Member.
18.11 Classified Employees who resign from the School District and do not retire from S.E.R.S. can be eligible for three (3) days Severance pay under the following Conditions:
A. They have been an Employee of the District for a minimum of ten (10) years.
B. During the total time of their employment, they have not been absent from work for any reason for more than a total of five (5) days.
C. They do not seek reemployment in the School District for at least five (5) years.
D. Should any Employee receiving such Severance take a position with an agency covered by an Ohio Public Retirement System, they may transfer any accrued and unused Sick leave to the agency, minus the three (3) days which the Board paid such Employee at the time of resignation.
▇. The resigning employee is not reasonably expected that those affected under investigation for misconduct.
18.12 Should any Employee (who is eligible for Retirement) die before having the opportunity to participate in this benefit, then upon written request, payment will be re-employed in this or any other made to the Estate of the Company's operations subject to Article 13.01 Decedent within sixty (d) a separation allowance will be paid to such employees subject to the following:
(a) They are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing date.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive severance pay or transfer to another location. Said option shall be exercised within ninety (9060) days of the date certification of closuresaid Employee’s death. The scale To be eligible for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this eventadditional benefit, the Company shall hold Employee must have been an Employee in the severance allowance until the employee is recalled School District for ten (10) or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) daysmore years.
13.02 Employees 18.13 Bargaining unit employees who receive severance pay under retire from the provisions of School District on regular service retirement as defined in this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and 18 – Severance Pay shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.receive an additional ten
Appears in 1 contract
Sources: Negotiated Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close If the entire location Employee's employment is terminated during the first five years of employment by mutual consent, by constructive termination or involuntarily by the Company without Cause, the Employee's base salary payable at the time of such termination shall be continued for the period set forth in the following table opposite the employment period in which such termination of employment occurred. If the Company's severance policy for senior executives would pay a particular major section or sections larger benefit, the Employee shall receive such larger benefit. Employment Period Period of During which Termination Occurs Base Pay Continuation ------------------------------- --------------------- From To ---- -- January 1, 1996 January 31, 1997 3 years February 1, 1997 January 31, 1998 3 years February 1, 1998 April 30, 1998 2 years 9 months May 1, 1998 July 31, 1998 2 years 6 months August 1, 1998 October 31, 1998 2 years 3 months November 1, 1998 January 31, 1999 2 years February 1, 1999 April 30, 1999 1 year 9 months May 1, 1999 July 31, 1999 1 year 6 months August 1, 1999 January 31, 2000 1 year 3 months For purposes of this agreement a constructive termination of the said Employee's employment shall occur if the Employee terminates employment pursuant to Section 5(c) of the Amended Change in Control Agreement or within one year after the occurrence of any of the following without the explicit written consent of the Employee: (a) diminution of responsibilities, (b) removal from or failure to be reelected to the Board of Directors of the Company, (c) a change in work location on beyond a permanent basis and 50 mile radius from the Employee's current location of employment (it is being understood that foreign business travel shall not reasonably expected that those affected will be re-employed constitute a "change in work location" for these purposes unless it averages more than one calendar week per month outside North America), or (d) any breach of Section 2 of this Agreement or any other material breach of this Agreement by the Company's operations subject to Article 13.01 (d) . The payment of benefits hereunder upon the occurrence of a separation allowance will constructive termination shall be paid to such employees subject in addition to, and not in lieu of, any benefits pursuant to the following:
(a) They are presently employed by Amended Change in Control Agreement. Notwithstanding the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing date.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive severance pay or transfer to another location. Said option shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) days.
13.02 Employees who receive severance pay under the preceding provisions of this Article shallSection 2.6, if a constructive termination occurs after the occurrence of a Change in doing soControl, terminate both their seniority and employment relationship with the Company and Employee shall have no further rights or privileges only be entitled to the greater of the benefits provided under this Agreement Section 2.6 or under any other Labour agreement or agreements between Section 6(a)(i)(B) of the signing partiesAmended Change in Control Agreement.
Appears in 1 contract
Sources: Employment Agreement (Hasbro Inc)
Severance Pay. 13.01 In exchange for Employee’s promises contained herein and for Employee’s continued compliance with the obligations set forth herein, the Company agrees: a To pay Employee an amount equal to Employee’s base salary for the period beginning on the Effective Date of this Agreement and continuing for a period of 18-months (the “Severance Pay: Should it become economically necessary to close the entire location or a particular major section or sections Period”). The total payment for 18-months of the said location on a permanent basis base salary is $900,000.00 and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees Employee in a lump sum, subject to appropriate withholdings and deductions, within 15 calendar days after the Effective Date of this Agreement. The “Effective Date” of this Agreement is defined as the date this Agreement becomes effective and irrevocable. b To provide Employee with $120,000.00 to obtain outplacement services and to pay reasonable fees incurred by Employee for his professional affiliations, memberships, and/or certifications (the “Outplacement Services Payment”). The Company will not withhold any amount for taxes from this payment and will issue Employee an IRS Form 1099 for the Outplacement Services Payment. Employee agrees that he shall be solely responsible for any taxes which may be due on the Outplacement Services Payment. This amount shall be paid in one lump sum within 15 days calendar days after the Effective Date of this Agreement. c As of the Separation Date, Employee will become ineligible to participate in the Company’s health insurance program subject to Employee’s right, if any, to continuation coverage under COBRA. Thereafter, if applicable, coverage will be made available to Employee at Employee’s sole expense (i.e., Employee will be responsible for the full COBRA premium) for the remaining months of the COBRA coverage period made available pursuant to applicable law. d Any equity-based awards granted to Employee will be subject to the following:
(a) They are presently employed by terms and conditions of the Company equity incentive plan and are accumulating seniority or have been laid off not later than ninety (90) days prior its respective award document, which provide for the vesting of awards representing 5,576 shares of Company stock. e Employee will be paid an additional cash lump sum of $10,237.21 in full settlement of the 2021 LTIP Award that was scheduled to be made to the location's closing date.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation Employee. f Employee will be paid an additional cash lump sum of work, fire, government action or Act of God.
(c) Employees shall have the option to receive severance pay or transfer to another location. Said option shall be exercised within ninety (90) days $103,107.86 if full settlement of the date of closure. The scale for severance allowance shall be based on Final Component described in the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5)Amended & Restated Retention Bonus letter dated December 3, times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) days2020.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 1 contract
Sources: Severance Agreement (Yellow Corp)
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close the entire location or a particular major section or sections of the said location 17.01 All persons who are employed on a permanent year round basis and it is not reasonably expected that those affected on jobs within the Union’s jurisdiction, who have one year or more of continuous service will be re-employed in this or any other of the Company's operations subject eligible for severance pay when laid off by Company action because there is no work available to Article 13.01 (d) a separation allowance which their seniority entitles them.
17.02 A laid off employee entitled to severance pay will be paid one week per year of service (up to such employees subject a maximum of 42 hours) for the last full period of continuous service to a maximum of 26 weeks inclusive of any monies owed under the following:
Employment Standards Act. One half (a1/2) They are presently employed by of the Company and are accumulating seniority or have severance pay due will be paid after the employee has been laid off not later than ninety forty-five (9045) days prior to days. The second half of the location's closing date.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive severance pay or transfer to another location. Said option shall due will be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until paid after the employee is recalled or has been laid off ninety (90) days. Effective July 1st, whichever 2005, a laid off employee entitled to severance pay will be paid one and one-half (1 ½) weeks per year of service (up to a maximum of 42 hours) for the last full period of continuous service to a maximum of 26 weeks inclusive of any monies owed under the Employment Standards Act.
17.03 An employee’s recall rights will not be affected in any manner because of the payment of severance pay. However, if recall occurs before the time when severance payment is soonerdue, no such payment will be made. If Or, if the employee is recalled within offered recall, according to the foregoing periodapplicable recall provisions in his case and it is refused, no all recall and severance allowance shall be payable. pay rights are automatically cancelled except as governed by any existing promotion, lay off and recall clauses.
17.04 If the an employee is NOT recalled within ninety (90) days, after having received all of the severance allowance shall be paid by pay due him, he will begin again, as of the Company forthwith. For the purposes date of this sectionreturn, the location shall be deemed to be closed on accumulating a permanent basis, when it or they cease to operate for a new period of ninety (90) daystime which will be credited towards any future lay off.
13.02 Employees who receive 17.05 If an employee is recalled after having received one half (1/2) of the severance pay under due him, he will, upon return to work, retain the provisions right to the unpaid portion if laid off the second time. He will begin accumulating again a new period of this Article shalltime which will, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under addition be credited towards any other Labour agreement or agreements between the signing partiesfuture lay off.
Appears in 1 contract
Sources: Labour Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close 29.01 An employee who has nine (9) or more years of continuous service in the entire location or a particular major section or sections employ of the said location School Board is entitled to be paid on resignation, retirement, termination by reason of disability, expiry of recall rights or in the event of death to the employees designated beneficiary or to the estate severance pay equal to the amount obtained by multiplying the number of completed years of continuous service by his/her weekly salary to a permanent basis maximum of twenty (20) weeks pay. If the employee has break(s) in service which result in a loss of seniority the continuous service will commence from the most recent date of hire. See the following School Board Previous Collective Agreement References in Appendix “A”: Vista School Board # 8 Clause 29.01 (c) and it is not reasonably expected “qualifying period”; Avalon West School Board # 9 Clause 25.06
29.02 For the purpose of this Article, service for a school term employee shall be the actual period of employment with the Employer provided that those affected will where a break in employment exceeds twenty-four (24) consecutive months service shall commence from the date of re-employment. NAPE/SCHOOL BOARD SUPPORT STAFF (Page 39) <date>
29.03 An employee who has resigned or retired may be re-employed in this or any other if he/she has been out of the Company's operations subject employ of the Employer for a period which is not less than the number of weeks for which he/she has received severance pay pursuant to Article 13.01 (d) a separation allowance will be paid to Clause 29.01 above or if he/she refunds the appropriate proportionate part of such employees subject to the following:
(a) They are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing dateseverance pay.
(b) 29.04 The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive maximum severance pay or transfer to another location. Said option shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An which an employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by for his/her total period of employment in the Company forthwith. employ of the Employer shall not exceed the number of weeks as specified in Clause 29.01.
29.05 For the purposes purpose of this sectionArticle, periods of regularly occurring temporary layoffs of school term employees or periods of authorized leave without pay shall not be regarded as breaks in continuous service. These periods of regularly occurring temporary layoffs of school term employees or leaves without pay shall not be counted as service when determining the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period total amount of ninety (90) dayscontinuous service of an employee.
13.02 29.06 Employees who receive are employed for the school year which is normally ten (10) months will be eligible for pro-rated severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing partiesbenefits after nine (9) calendar years.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary 25.01 Employees permanently laid off for lack of work due to close technological improvement or changes in production methods or processes including the entire location method of shipping, receiving or handling of materials or produce, the closing of a particular major section department of plant or sections part of a department are entitled to a severance allowance in accordance with the said location on following conditions. A permanent lay-off within the meaning of this Section is a lay-off that is expected to last for a period of at least twelve (12) months or longer.
25.02 Where possible, the Company shall advise the Union in advance if a permanent basis and it lay-off as provided in Section 25.01, is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following:
(a) They are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing datetake place.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive severance pay or transfer to another location. Said option shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay 25.03 An employee shall have the option to remain be paid the total amount of his severance allowance in a lump sum on the payroll and date of separation or by instalments as provided in Section 25.04, but in both cases he shall cease to be an employee of the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is soonerCompany. If the employee is recalled within the foregoing periodrehired, no severance allowance he shall be payable. If the considered a new employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) days.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company Agreement and shall have no further rights under this Article 25 based upon his service antedating receipt of his Severance Allowance.
25.04 An employee shall have the option to be paid two weeks of severance pay in one lump sum at the time of lay-off and thereafter in weekly instalments until the total sum is exhausted. In the event of death of the employee, any unpaid balance shall be paid to the employee's estate.
25.05 Any employee may at any time during the lay-off take his severance allowance or privileges continue in such status until his seniority is lost under this Agreement and then take his severance pay.
25.06 Severance payment shall not be made:
(a) to employees who are discharged for just cause;
(b) to employees who voluntarily resign;
(c) to employees who are retired;
(d) in the event of closing due to acts of God, public enemy, war, disaster or under any other Labour agreement reason of similar nature and beyond the control of the Company.
25.07 Severance pay shall be paid as outlined in the following table: Years of Service Weeks of Pay 0 to 5 years 0 5 to 6 years 4 7 to 8 years 5 9 to 10 years 7 11 to 12 years 8 13 to 14 years 9 15 to 16 years 10 17 to 18 years 11 19 to 20 years 12 over 20 years 17
25.08 In order to qualify for severance pay, employees shall continue to work in satisfactory manner as long as required.
25.09 The above provisions will only apply in the event that the Company is not required to pay severance pay in accordance with the Employment Standards Act. In the event that the Company is required to pay severance pay in accordance with the Employment Standards Act, the Union and the Company agree that the Company is only required to pay severance as defined either by the Employment Standards Act or agreements between as defined in the signing partiesCollective Agreement Article 25.07, whichever is the greater, and is not in any way required to pay both.
25.10 For the period of March 24, 2000 to March 23, 2001 inclusive, Article 25 shall remain inactive.
Appears in 1 contract
Sources: Collective Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close the entire location or a particular major section or sections of the said location 30.01 All persons who are employed on a permanent year round basis and it is not reasonably expected that those affected on jobs within the Union’s jurisdiction, who have one year or more of continuous service will be re-employed in this or any other of the Company's operations subject eligible for severance pay when laid off by Company action because there is no work available to Article 13.01 (d) a separation allowance which their seniority entitles them.
30.02 A laid off employee entitled to severance pay will be paid one and one half (1 ½) weeks per years of service (up to such employees subject a maximum of 42 hours) for the last full period of continuous service to a maximum of 40 weeks inclusive of any monies owed under the following:
Employment Standards Act. One half (a1/2) They are presently employed by of the Company and are accumulating seniority or have severance due will be paid after the employee has been laid off not later than ninety forty-five (9045) days prior to days. The second half of the location's closing date.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive severance pay or transfer to another location. Said option shall due will be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until paid after the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of has been laid off ninety (90) days.
13.02 Employees who receive 30.03 An employee’s recall rights will not be affected in any manner because of the payment of severance pay. However, if recall occurs before the time when severance payment is due, no such payment will be made. Or if the employee is offered recall, according to the applicable recall provisions in his case and it is refused, all recall and severance pay under rights are automatically cancelled except as governed by any existing promotion, layoff and recall clauses.
30.04 If an employee is recalled after having received all of the provisions severance pay due him, he will begin again, as of this Article shallthe date of return, accumulating a new period of time which will be credited towards any future layoff.
30.05 If an employee is recalled after having received one half (1/2) of the severance pay due him, he will, upon return to work, retain the right to the unpaid portion if laid off the second time. He will begin accumulating again a new period of time which will, in doing soaddition be credited towards any future layoffs. In the event of a situation where the Company must proceed with a permanent mill, terminate both their seniority and employment relationship department or paper machine closure, the Company will inform the Union a minimum of 30 days in advance where possible. The Company will work with the Company local union and shall have no further rights or privileges under a National Representative of Unifor to put in place transition measures to mitigate the impact of these changes, such as early retirement, utilizing all available EI and other programs. Where possible this Agreement or under any other Labour agreement or agreements between local discussion will take place within seven (7) days following the signing partiesannouncement. 1. Two (2) week notice on Christmas shutdown within reason.
Appears in 1 contract
Sources: Labour Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close the entire location or a particular major section or sections of the said location on a permanent basis and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's Employer’s operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following:
(a) They are presently employed by the Company Employer and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing date.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive severance pay or transfer to another location. Said option shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company Employer shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company Employer forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) days.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company Employer and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 1 contract
Sources: Collective Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close 23.01 In the entire location event of:
1. Amalgamation, closure of the plant or a particular major section department thereof, or
2. Reduction in the work force due to the elimination of a job process, or sections the introduction of equipment or methods which causes a regular full-time employee to lose his employment, the said location on Employer hereby agrees to pay such an employee severance pay at his regular rate of pay according to the following schedule: Consecutive service up to two (2) years One (1) week Consecutive service over two (2) years One (1) week’s pay for every year of full-time service to a permanent basis and it is not reasonably expected that those affected will maximum of twenty (20) weeks The foregoing shall be re-employed in this addition to the regular week’s notice or any other of the Company's operations subject week’s pay in lieu thereof to Article 13.01 (d) a separation allowance will be paid to which such employees subject may be entitled. This Article does not apply to the following:a temporary lay-off.
(a) They are presently employed Upon termination such employee shall be placed on a re-call list, subject to the terms of seniority article of this agreement. Each four (4) weeks during the recall period, the employee so affected shall have the option of staying on the recall list or accepting severance pay. Should he elect to remain on the re-call list, he may renew his option every fourth (4th) week but in any event, providing no suitable employment has been provided by the Company and are accumulating seniority or have been laid off not Employer, he must accept severance pay no later than ninety twenty (9020) days prior to weeks from the location's closing datedate of termination.
(b) Employees laid off pursuant to this Article shall retain the right to be rehired for twenty (20) weeks from the date of lay-off, provided that the employee shall leave with the Employer an address at which the employee can be served notice of rehire. The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation onus shall rest with the employee to maintain a correct address. Any employee failing within seven (7) calendar days to respond to a notice of work, fire, government action or Act of Godrecall shall be deemed to have forfeited both the right to recall and seniority.
(c) Employees shall have the option Any employee electing to receive severance pay or transfer to another location. Said option shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) days.
13.02 Employees who receive take severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and terms set out above shall have no further forfeit all rights or privileges under this Agreement or under any Agreement.
(d) Any employee electing to retire on pension prior to normal retirement age shall not be eligible for severance pay.
(e) Severance pay shall be paid in addition to all other Labour agreement or agreements between sums owing to the signing partiesemployee.
Appears in 1 contract
Sources: Collective Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close the entire location or (A) An employee may draw on his/her accumulated sick and emergency days beyond a particular major section or sections minimum accumulation of the said location on a permanent basis and it is not reasonably expected that those affected will be re-employed sixty (60) days, provided s/he has qualified for severance pay benefits in accordance with Article VII, Section 8 of this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following:Agreement
(aB) They are presently Each employee who has been employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing date.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive severance pay or transfer to another location. Said option shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate BOARD for a period of ninety five (905) consecutive years or more shall be eligible for severance pay upon death, retirement under the Michigan School Employee’s Retirement System or Social Security.
(C) Such severance pay shall be paid as follows: 1 – 90 days – 50%; 91 – 124 days – 75%; 125 days or more – 80% of the employee’s accumulated sick and emergency leave days paid in accordance with the employee’s last regular daily rate.
(D) If an employee’s employment is terminated after five (5) consecutive years of employment with the district, such severance pay shall be an amount equal to 35% of the employee’s accumulated sick and emergency leave days paid in accordance with the employee’s last regular daily rate.
(E) If an employee is involuntarily laid off prior to having worked five (5) consecutive years with the district, s/he shall be eligible for severance pay in the amount equal to 25% of the employee’s accumulated sick and emergency leave days paid in accordance with the employee’s last regular daily rate. It is understood the employee must request this severance pay in writing to the Personnel Office one week from the date s/he is notified of his/her layoff. Once such payment is made to the laid off employee, his/her sick and emergency leave bank will be completely exhausted and in the event of recall s/he shall have no accumulated leave days.
13.02 Employees who receive severance pay under (F) An employee can only draw once during any given fiscal year a number of days not to exceed $3,000.00 in compensation. The days will be compensated in the provisions following manner: The rate will be determined in accordance with Article VII, Section 8 C of this Article shallAgreement. The payout rate is frozen at the rate in effect on April 1, 2001, until such time as the employee uses those days for actual sick or emergency leave. In that event a reduction of rate (in doing so, terminate both their seniority and employment relationship accordance with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between aforementioned) may result; the signing partiesemployee would be compensated at the new rate.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close This is not the entire location official version.
29.01 An employee who has nine (9) or a particular major section or sections more years of continuous service in the employ of the said location School Board is entitled to be paid on resignation, retirement, termination by reason of disability, expiry of recall rights or in the event of death to the employees designated beneficiary or to the estate severance pay equal to the amount obtained by multiplying the number of completed years of continuous service by his/her weekly salary to a permanent basis maximum of twenty (20) weeks pay. If the employee has break(s) in service which result in a loss of seniority the continuous service will commence from the most recent date of hire. See the following School Board Previous Collective Agreement References in Appendix “A”: Vista School Board # 8 Clause 29.01(c) and it is not reasonably expected “qualifying period”; Avalon West School Board # 9 Clause 25.06
29.02 For the purpose of this Article, service for a school term or seasonal employee shall be the actual period of employment with the Employer provided that those affected will where a break in employment exceeds twenty-four (24) consecutive months service shall commence from the date of re-employment.
29.03 An employee who has resigned or retired may be re-employed in this or any other if he/she has been out of the Company's operations subject employ of the Employer for a period which is not less than the number of weeks for which he/she has received severance pay pursuant to Article 13.01 (d) a separation allowance will be paid to Clause 29.01 above or if he/she refunds the appropriate proportionate part of such employees subject to the following:
(a) They are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing dateseverance pay.
(b) 29.04 The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive maximum severance pay or transfer to another location. Said option shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An which an employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by for his/her total period of employment in the Company forthwith. employ of the Employer shall not exceed the number of weeks as specified in Clause 29.01
29.05 For the purposes purpose of this sectionArticle, periods of regularly occurring temporary layoffs of school term employees or periods of authorized leave without pay shall not be regarded as breaks in continuous service. These periods of regularly occurring temporary layoffs of school term employees or leaves without pay shall not be counted as service when determining the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period total amount of ninety (90) dayscontinuous service of an employee.
13.02 29.06 Employees who receive are employed for the school year which is normally ten (10) months will be eligible for pro-rated severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing partiesbenefits after nine (9) calendar years.
Appears in 1 contract
Sources: Master Collective Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary (a) An employee with not less than nine (9) years of continuous service with the University is entitled to close be paid on resignation, retirement, termination by reason of disability, expiry of recall rights, or death, severance pay equal to five (5) days' pay for each year of service up to a maximum of one hundred (100) days' pay.
(b) Sessional employees shall be eligible for severance pay provided they have accumulated not less than nine (9) years of actual service.
(c) A contractual employee with not less than nine (9) years of continuous service with the entire location University is entitled to be paid on resignation, retirement, termination by reason of disability, expiry of recall rights, or death, severance pay equal to five (5) days= pay for each year of service up to a particular major section maximum of one hundred (100) days= pay.
23.02 For the purpose of this Article, periods of Long Term Disability or sections other periods of authorized leave without pay provided for under the terms of the said location on Collective Agreement, shall not be regarded as a permanent basis break in continuous service and shall be counted as service in determining whether or not the employee has achieved the nine (9) year threshold. Periods of Long Term Disability or authorized leave without pay up to a maximum of fifty-two (52) weeks shall be counted as service in the calculation of the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. Periods of layoff shall not be counted as service in the calculation of the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ nor shall it interrupt the accumulation of service accrued to that point, or in determining the threshold.
23.03 An employee who is not reasonably expected that those affected will be re-employed in after receiving severance pay, as provided for under this or any other Article, may be entitled to severance pay for subsequent periods of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the followingemployment provided that:
(a) They are presently employed by the Company and are accumulating seniority or have employee has been laid off out of the employ of the University for a period not later than ninety (90) exceeding the number of days prior to the location's closing datefor which severance pay was paid.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation the employee refunds the proportionate part of work, fire, government action or Act of Godsuch severance pay.
(c) Employees shall have the option to receive 23.04 The maximum amount of severance pay or transfer to another location. Said option shall be exercised within ninety (90) days which an employee can receive under this Article, irrespective of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' of service minus five (5)or periods of employment, times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ shall not exceed the number of days as specified in Clause 23.01.
23.05 Any severance pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An entitlement of a deceased employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) dayssuch employee's estate.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 1 contract
Sources: Collective Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary to close Employees with nine (9) or more years of continuous employment whose services are terminated as a result of retirement in accordance with the entire location provisions of The Civil Service Act, or a particular major section death, shall be paid, or sections of the said location on a permanent basis and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following:
(a) They are presently employed by employee’s estate in the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing date.
(b) The closing is not brought about by warevent of death, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive severance pay in the amount of one (1) week’s pay for each complete year of continuous employment or transfer to another location. Said option portion thereof, but the total amount of severance pay shall be exercised within ninety not exceed fifteen (9015) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years, complete months of continuous service equals 8/12 years - 5 x 2 = 4 of continuous service for purposes of calculation. Where an employee in the employee’s ninth (9th) year of continuous service fails to complete nine (9) continuous service as a result of retirement in accordance with the provisions of The Civil Service Superannuation Act or death, the employee shall be paid, or to the employee’s estate in the event of death, severance pay on the basis of nine (9) weeks’ pay 10 multiplied by the factor of the number of complete months service completed in the employee’s ninth (9th) year divided by twelve (12) months. Employees with three (3) or more years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance of continuous employment whose services are terminated as a result of permanent lay-off shall be paid severance pay in the amount of one (1) week’s pay for each complete year of continuous employment or portion thereof, but the total amount of severance pay shall not exceed twenty-two (22) weeks’ Where an employee in the employee’s third (3rd) year of continuous service fails to complete three (3) years’ continuous service as a result of permanent lay-off, the employee shall be paid severance pay on the basis of three (3) weeks’ pay multiplied by the Company forthwithfactor of the number of complete months service completed in the employee’s third (3rd) year divided by twelve (12) months. The rate of pay referred to in this Article shall be determined on the basis of the last regular rate of pay, excluding allowances, which was in effect for the employee at the time of retirement, permanent lay-off, or death. In the case of employees eligible for severance pay who are on stand-by or temporary lay-off at the time of retirement, permanent lay-off or death, the weekly hours shall be the normal weekly hours of work in effect for the classification of the employees at the time of the retirement, permanent lay-off or death. For the calculation purposes of this section, the location holidays shall be deemed to be closed on a permanent basis, when it observed as indicated below: New Year’s Day Labour Day Good Friday Thanksgiving Day Easter Monday Remembrance Day Victoria Day Christmas Day Canada Day Boxing Day Civic Holiday Any other holiday proclaimed by Federal or they cease to operate for a period of ninety (90) days.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.Provincial Statute
Appears in 1 contract
Sources: Collective Agreement
Severance Pay. 13.01 Severance Pay: Should it become economically necessary If the Employer ceases wholly or partly the operations, merges with another Employer, or changes operating methods and the Employer is unable to close provide work for a displaced Employee-same regular rate of pay in a comparable class of work then the entire location or a particular major section or sections of the said location on a permanent basis and it is not reasonably expected that those affected will Employee shall be re-employed in this or any other of the Company's operations subject to Article 13.01 given thirty (d) a separation allowance will be paid to such employees subject to the following:
(a) They are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (9030) days prior to the location's closing date.
notice or four (b4) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation weeks pay in lieu of work, fire, government action or Act of God.
(c) Employees shall have the option to receive notice and severance pay or transfer to another location. Said option shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years basis of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks pay for each year of employment up to year fourteen and three (3) weeks pay for each year of employment thereafter to a maximum of fifty-two (52) weeks' pay. Example: 7 In no circumstances can the Employee’s severance pay be based upon less than the Employee’s pay for the last month of work completed.
(i) The recall period shall be for the duration of the severance period.
(ii) Notwithstanding the above, all Employees laid off will have a minimum of six (6) months right of recall from the date of lay-off. All E employees with fifteen (15) years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall or more seniority will have twelve (12) months right of recall from the option to remain on date of lay-off. At the payroll completion of this period the Employee is considered terminated and the seniority list right of recall shall cease.
(iii) An Employee may choose full severance payout at the time of lay-off.
(iv) An Employee may choose severance pay to be paid out monthly for possible recall. In this event, the Company shall hold duration of the severance allowance until period.
(v) An Employee may request and receive total remaining severance payout at any time during the employee severance period.
(vi) If an Employee is recalled or ninety (90) daysand accepts a position with the Company, whichever any severance pay that he/she has received that is soonerover the number of weeks that he/she has been on lay-off must be refunded to the Company. If Failure to agree to pay the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, balance of the severance allowance shall will therefore be paid by considered a termination and the Company forthwith. For Employee will forego the purposes right of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (90) daysrecall.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 1 contract
Severance Pay. 13.01 Severance Pay: Should it become economically necessary 34.01 (1 Aug 04) All persons who are employed on a year-round basis on jobs within the Union’s jurisdiction who have eighteen (18) months or more of continuous service will be eligible for severance pay when laid off by Company action because there is no work available to close which their seniority entitles them. For the entire location or a particular major section or sections purpose of qualifying for severance pay, adjusted seniority will be considered as continuous service. The number of continuous years of service shall be calculated from the last lay-off period for which the employee received severance pay.
34.01.01 A laid off employee entitled to severance pay will be paid two (2) percent of his total earnings for the last full period of continuous service. One-half (0.5) of his severance pay due will be paid after the employee has been laid off six (6) weeks. The second half of the said location on severance pay due will be paid after the employee has been laid off three (3) months.
34.01.02 (1 Aug 04) If the duration of a lay-off exceeds twelve (12) months, one-half (0.5) week of pay will be paid per year of continuous service in addition to 34.01.01 above, subject to 34.02 below.
34.01.03 (1 Aug 04) In the event of a permanent basis paper machine, department, or mill closure, the maximum amount of severance pay will be one and one-half (1.5) weeks of pay per year of continuous service.
34.01.04 An employee’s recall rights will not be affected in any manner because of the payment of severance pay. He will, however, be expected to accept whatever employment is offered to him. If recall occurs before the time when the severance payment is due, no such payment will be made. If an employee is offered recall according to the applicable recall provision in his case and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following:
(a) They refused, all recall and severance pay rights are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing dateautomatically cancelled.
(b) The closing 34.01.05 If an employee is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation recalled after having received all of work, fire, government action or Act of God.
(c) Employees shall have the option to receive his severance pay or transfer to another location. Said option shall be exercised within ninety (90) days due him, he will start as of the date of closure. The scale for severance allowance shall his return to accumulate a new period of time, which will be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the credited toward any future layoff.
34.01.06 If an employee is recalled or ninety after having received one-half (900.5) days, whichever is sooner. If the employee is recalled within the foregoing period, no severance allowance shall be payable. If the employee is NOT recalled within ninety (90) days, of the severance allowance shall be paid by the Company forthwith. For the purposes of this sectionpay due him, the location shall be deemed he will, upon return to be closed on work, start accumulating a permanent basis, when it or they cease to operate for a new period of ninety (90) daystime which will, in addition to the unpaid portion, be credited toward any future layoff.
13.02 Employees who receive 34.02 (1 Aug 04) The total amount of severance pay under the provisions that an employee may receive will not exceed one and one-half (1.5) weeks of this Article shallpay per year of continuous service, in doing sofor any reason, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under for any other Labour agreement or agreements between the signing partiestime.
Appears in 1 contract
Sources: Labour Agreement
Severance Pay. 13.01 A. Newswriters, Promotion Writer/Producers, News Assignment Deskpersons and Writers, Researchers and News Desk Associates laid off or discharged for causes other than insubordination, dishonesty, intoxication or gross misconduct shall receive severance pay in accordance with the following schedule: Length of Service Amount of Severance Pay: Should it become economically necessary Pay 0 - 3 months 0 3 - 6 months 2 weeks 6 - 12 months 3 weeks 12 months to close the entire location or 2 years 4 weeks 2 - 3 years 5 weeks 3 - 4 years 6 weeks 4 - 5 years 7 weeks 5 - 6 years 8 weeks 6 - 7 years 9 weeks 7 - 8 years 10 weeks 8 - 9 years 12 weeks 9 - 10 years 13 weeks 10 years and over 15 weeks The Company will also give individual consideration to all entitled to receive severance pay.
B. If a particular major section or sections of the said location on a permanent basis and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following:
(a) They are presently News Editor who has been employed by the Company and are accumulating seniority more than six months is laid off, or have been laid off not later is discharged for causes other than ninety (90) days prior insubordination, dishonesty, intoxication or gross misconduct, the Company agrees to the location's closing date.
(b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God.
(c) Employees shall have the option to receive give such News Editor severance pay or transfer to another location. Said option of one (1) week's staff salary for each full year of employment, but the minimum amount payable hereunder shall be exercised within ninety (90) days of the date of closure. The scale for severance allowance shall be based on the following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of service beyond 6 years service will apply the “formula” The number of years' service minus five (5), times two (2) weeks' severance pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and In computing seniority for purposes of this paragraph, the seniority list of an Editor who has been promoted from Newswriter to News Editor shall include full credit for possible recallthe time spent as a Newswriter. The Company will also give individual consideration to all entitled to receive severance pay.
C. In this eventthe event of any layoff or discharge of a Graphic Artist except for dishonesty, intoxication, or gross insubordination, or where the Union requires a discharge for non-payment of dues, the Company will pay in an amount equal to one (1) week's pay for each year of Company seniority; provided, however, that in no event shall hold a regular Employee receive less than two (2) week's severance pay.
D. Any employee who gives less than two weeks notice of resignation shall lose his/her accrued but unused vacation, except where prohibited by law. This forfeiture shall be one (1) day for each work day less than the severance allowance until the employee is recalled or ninety (90) days, whichever is sooner. If the employee is recalled within the foregoing above required two week notice period, no severance allowance e.g., if only one week of notice is given, the forfeiture shall be payable. If the employee is NOT recalled within ninety limited to five (90) days, the severance allowance shall be paid by the Company forthwith. For the purposes of this section, the location shall be deemed to be closed on a permanent basis, when it or they cease to operate for a period of ninety (905) days.
13.02 Employees who receive severance pay under the provisions of this Article shall, in doing so, terminate both their seniority and employment relationship with the Company and shall have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the signing parties.
Appears in 1 contract
Sources: Wga CBS National Staff Agreement