Common use of OFF AND RECALL Clause in Contracts

OFF AND RECALL. The Hospital shall give each employee in the bargaining unit who has acquired seniority and who is to be laid off for a period of more than eight weeks, notice in writing of his lay off in accordance with the following schedule: Up to one years service; one weeks notice; One year but less than three years service; two weeks notice; Three years but less than four years service; three weeks notice; Four years but less than five years service; four weeks notice. Five years but less than six years service; five weeks notice Six years but less than seven years service; six weeks notice Seven years but less than eight years service; seven weeks notice Eight years service or more; eight weeks notice Such notice will be handed to the employee and a signed acknowledgement requested if the employee is at work at the time the notice is ready for delivery. In the alternative, it shall mailed by registered mail. An employee on lay off and recalled to a temporary position shall not be entitled to further notice of lay off. In all other cases of lay off, the Hospital shall give each employee in the bargaining unit who has acquired seniority one weeks notice provided however, such notice shall not be required if the lay off occurs because of emergencies (for example, fire, act of God, power down). failure or equipment break- In the event of lay off, the Hospital shall lay off employees in the reverse order of their seniority within their classification; providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject to lay off shall have the right to either: Accept the lay off; or Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bar- gaining unit if the employee originally subject to lay off can perform the duties of the lower or identical classification without training other than orienta- tion. Such employee so displaced shall be laid off subject to his or her rights under this section. An employee shall have the opportunity of recall from a lay off to an available opening, in order of seniority, provided he has the ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been completed. In determining the ability of an employee to perform the work for the purposes of paragraphs and above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classifica- tion from which he was laid off shall have the privilege of returning to the position he held prior to the lay off should it become vacant within six months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Hospital of their intention to do so, in accor- dance with below, work available. or have been found unable to perform the Failure to signify intention to return to work within three days of the receipt of the notice of recall, which shall be in writing addressed to the last known address according to the records of the Employer, and failure in fact to return to work within a further five days. An employee who so fails shall forfeit his or her own claim to Where the employee fails to notify the Hospital of his intention to return to work in accordance with the provisions of paragraph he shall lose all seniority and be deemed to have quit the employ of the Hospital. In the event that a lay off commenced on the day immedi- ately following a paid holiday,' an employee otherwise qualified for holiday pay shall not be thereto solely because of the day on which the lay off commenced. A laid off employee shall retain the rights of recall for a period of six months from the date of lay off. Any agreement reached between the Hospital and the Union concerning the method of implementing offs will take precedence over other terms of lay off in this agreement.

Appears in 1 contract

Samples: Collective Agreement

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OFF AND RECALL. (a) In all cases of increase or decrease in the work force, senioremployees shall be entitled to preference overjunior employees, within the Plant and Shift, provided that the senior employee has the skill, ability and qualificationsin the Employer's opinion, to satisfactorily the available work without further training or experience. In cases of a layoff an employee shall be allowed to exercise their seniority under this clause to bump to the shift of their preference. It is agreed that student and probationary employees will be laid off first. Recalls will be made in inverse order of layoff, subject to the recalled employee having the skill, ability and qualifications in the employers opinion to satisfactorilyperform the available work without further training or experience. Recalled employeeswill be returned to their original shift and position immediately wherever possible or by the beginning of the next regular scheduled work week. Once employeeson lay off have been recalled those employees shall return to the positions they held prior to the layoff. Except for lay-offs due to machinery breakdowns, fire, flood, power outage and other acts of God, the Company will notify employeesto be laid off and Union representatives as soon as reasonablypossible but at least twenty-four (24) hours in advance of the lay-off. A list of laid off employees shall be sent to the Local It is agreed that the Executive Committee (6 in total) will have preferred seniority during their term in This applies to lay-offs only. ARTICLE TRANSFERS An employee will only be permanently transferred pursuant to Article XI (Job and Article (Lay-offs). The Hospital Company will have the right to temporarilytransfer an employee. A temporary transfer shall give each not exceed sixty (60) days without the consent of the employee. For casual absence one (1) to three (3) days in the Material Handling Classification the transfer clause will not be applicable unless all other options have been exhausted. Where an employee is temporarilytransferred to a position in another classification,the employee shall receive the rate of the classificationto which the employee is transferred or their regular rate, whichever is greater. No employee shall be transferred to a position outside the bargaining unit who has acquired seniority and who is to be laid off for a period of more than eight weeks, notice in writing of his lay off in accordance with the following schedule: Up to one years service; one weeks notice; One year but less than three years service; two weeks notice; Three years but less than four years service; three weeks notice; Four years but less than five years service; four weeks noticewithout their consent. Five years but less than six years service; five weeks notice Six years but less than seven years service; six weeks notice Seven years but less than eight years service; seven weeks notice Eight years service or more; eight weeks notice Such notice will be handed to the employee and a signed acknowledgement requested if the Where an employee is at work at transferredto a position outside the time the notice is ready for delivery. In the alternative, it shall mailed by registered mail. An employee on lay off and recalled to a temporary position shall not be entitled to further notice of lay off. In all other cases of lay offbargaining unit, the Hospital shall give each employee in the bargaining unit who has acquired seniority one weeks notice provided however, such notice shall not be required if the lay off occurs because of emergencies (for example, fire, act of God, power down). failure or equipment break- In the event of lay off, the Hospital shall lay off employees in the reverse order of their seniority within their classification; providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject to lay off Company shall have the right to either: Accept return the lay off; or Displace an transferred employee who has lesser to the bargaining unit seniority and who is the least senior transferred employee in a lower or identical paying classification in the bar- gaining unit if the employee originally subject to lay off can perform the duties of the lower or identical classification without training other than orienta- tion. Such employee so displaced shall be laid off subject to his or her rights under this section. An employee shall have the opportunity of recall from a lay off to an available opening, in order of seniority, provided he has the ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been completed. In determining the ability of an employee to perform the work for the purposes of paragraphs and above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classifica- tion from which he was laid off shall have the privilege of returning to the position he held prior to the lay off should it become vacant within six months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity may elect to return to work and have failed the bargaining unit without loss of seniority any time during a period equivalent to notify sixty (60) working days from the Hospital date of their intention to do sotransfer. Upon the expiry of a period equivalentto sixty working days from the date of transfer, in accor- dance with below, work available. or have been found unable to perform the Failure to signify intention to return to work within three days of the receipt of the notice of recall, which shall be in writing addressed to the last known address according to the records of the Employer, and failure in fact to return to work within a further five days. An transferred employee who so fails shall forfeit his or her own claim to Where the employee fails to notify the Hospital of his intention to return to work in accordance with the provisions of paragraph he shall lose all seniority and if returned to the bargaining unit, the employee shall return as a new employee. An extension beyond the sixty (60) working days may be deemed to have quit granted with the employ joint consent of the Hospitalemployee, the Union and the Company. In Newly hired xxxxxxxxxxxxxx be restricted from to another classificationfor the event that a lay off commenced on duration of the day immedi- ately following a paid holiday,' an employee otherwise qualified for holiday pay probationary period. New employees shall not be thereto solely because of hired where there are employeeson lay-off having the day on which skill, ability and qualifications, in the lay off commenced. A laid off employee shall retain Employers opinion, to satisfactorilyperform the rights of recall for a period of six months from the date of lay off. Any agreement reached between the Hospital and the Union concerning the method of implementing offs will take precedence over other terms of lay off in this agreementavailable work.

Appears in 1 contract

Samples: Agreement

OFF AND RECALL. Seniority w i l l apply t o lay - offs from a department and recalls t o a department provided t h a t the shall also take into consideration the relative efficiency, merit, and ability of the employees con- cerned so that an efficient staff of employees may be maintained i n the department. No full - time employee within the bargaining unit shall be laid off by reason of their duties being assigned t o one or more part - time employees. The Hospital shall give each employee in the bargaining bargain- ing unit who has acquired seniority and who is to t o be laid off for a period of more than eight weeks, notice in i n writing of his her lay - off in accordance with the following scheduleschedule : Up to t o one years service; one weeks notice; One year's service weeks' notice year but b u t less than three years service; two weeks notice; Three years' service weeks' notice years but less than four years service; three weeks notice; Four years' service weeks' notice years but less than five years service; four weeks notice. Five years' service weeks' notice years but less than six years service; five weeks years' service weeks' notice Six years but less than seven years service; six weeks years' service weeks' notice Seven years but less than eight years service; seven weeks years' service weeks' notice Eight years years' service or more; eight weeks more weeks' notice Such notice will w i l l be handed to t o the employee and a signed acknowledgement requested if i f the employee is at a t work at a t the time t i m e the notice is ready for fox delivery. In the alternative, it shall be mailed by registered mail. An employee on In the event of a proposed lay off and recalled to a temporary position shall not be entitled to further of more than eight weeks duration, the hospital will: provide the Union with no less then calendar days notice of such lay off, and meet with the Union through the Labour Management Committee to review the following: the reason causing the lay off; the service the hospital will undertake after the lay off; the method of implementation including the areas of and employees to be laid off. In all other cases of lay lay-off, the Hospital shall give each employee in the bargaining unit who has acquired seniority one weeks notice week's notice, provided however, such notice shall not be required if the lay lay-off occurs because of emergencies (for example, ; fire, act of God, power down). failure or equipment break- In the event of lay off, the Hospital shall lay off employees in the reverse order of their seniority within their classification; providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject to lay off shall have the right to either: Accept the lay off; or Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bar- gaining unit if the employee originally subject to lay off can perform the duties of the lower or identical classification without training other than orienta- tion. Such employee so displaced shall be laid off subject to his or her rights under this section. An employee shall have the opportunity of recall from a lay off to an available opening, in order of seniority, provided he has the ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been completed. In determining the ability of an employee to perform the work for the purposes of paragraphs and above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classifica- tion from which he was laid off shall have the privilege of returning to the position he held prior to the lay off should it become vacant within six months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Hospital of their intention to do so, in accor- dance with below, work available. or have been found unable to perform the Failure to signify intention to return to work within three days of the receipt of the notice of recall, which shall be in writing addressed to the last known address according to the records of the Employer, and failure in fact to return to work within a further five days. An employee who so fails shall forfeit his or her own claim to Where the employee fails to notify the Hospital of his intention to return to work in accordance with the provisions of paragraph he shall lose all seniority and be deemed to have quit the employ of the Hospital. In the event that a lay off commenced on the day immedi- ately following a paid holiday,' an employee otherwise qualified for holiday pay shall not be thereto solely because of the day on which the lay off commenced. A laid off employee shall retain the rights of recall for a period of six months from the date of lay off. Any agreement reached between the Hospital and the Union concerning the method of implementing offs will take precedence over other terms of lay off in this agreementbreakdown).

Appears in 1 contract

Samples: Collective Agreement

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OFF AND RECALL. Seniority w i l l apply t o lay - offs from a department and recalls t o a department provided that the Hospital shall also take into consideration the relative efficiency, merit, and ability of the employees con- cerned so that an efficient staff of employees may be maintained i n the department. No full - time employee within the bargaining unit shall be laid off by reason of their duties being assigned t o one or more part - time employees. The Hospital shall give each employee in i n the bargaining bargain- ing unit who has acquired seniority and who is to t o be laid off for a period of more than eight weeks, notice in i n writing of his lay her lay- off in i n accordance with the following schedule: Up to t o one years service; one weeks notice; One year's service weeks' notice year but less than three years service; two weeks notice; Three years' service weeks' notice years but less than four years service; three weeks notice; Four years' service weeks' notice years but less than five years service; four weeks notice. Five years' service weeks' notice years but less than six years' service weeks' notice years service; five weeks b u t less than years' service weeks' notice Six years but less than seven years service; six weeks years' service weeks' notice Seven years but less than eight years service; seven weeks notice Eight years years' service or more; eight weeks more weeks' notice Such notice will w i l l be handed to t o the employee and a signed acknowledgement requested if i f the employee is at work at the time t i m e the notice is ready for delivery. In the alternative, it shall be mailed by registered mail. An employee on In the event of a proposed lay off and recalled to a temporary position shall not be entitled to further of more than eight weeks duration, the hospital w i l l : provide the Union with no less then calendar days notice of such lay off, and meet with the Union through the Labour Management Committee t o review the following: the reason causing the lay off; the service the hospital w i l l undertake after the lay off; the method of implementation including the areas of cut- back and employees t o be laid off. In all other cases of lay - off, the Hospital shall give each employee in i n the bargaining unit who has acquired seniority one weeks notice week's notice, provided however, such notice shall not be required if i f the lay lay- off occurs because of emergencies (for example, ; fire, act of God, power down). failure or equipment break- breakdown). In the event of lay - off, the Hospital shall lay lay- off employees in the reverse order of their seniority within their classification; providing that there remain on the job employees who then have the ability to t o perform the work. An employee who is subject to lay t o lay- off shall have the right to t o either: Accept accept the lay - off; or Displace displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bar- gaining unit if the employee originally subject to lay - off can perform the duties of the lower or identical iden- tical classification without training other than orienta- tionorientation. Such employee so displaced shall be laid off subject to his or her rights under this sectionoff. An employee shall have the opportunity of recall from a lay lay- off to t o an available opening, in order of seniority, provided he she has the ability to t o perform the work, work before such opening is filled on a regular basis under a the job posting procedureproce- dure. Notwithstanding the above, t h i s position so filled shall be posted under the job posting provisions of t h i s Agreement. The posting procedure recalled employee w i l l automat- ically be deemed t o have applied for the position. Should the recalled employee not remain in the collective agreement posi - tion as a result of t h i s job posting, she shall not apply until be given the recall process has been completedopportunity of replacing the successful applicant t o the job posting i f she can perform the duties of that classification without training other than orientation. Otherwise, the recalled employee shall be laid off. In determining the ability of an employee to t o perform the work for the purposes of paragraphs (e) and above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to t o work in a different classifica- tion classifi- cation from which he she was laid off shall have the privilege of returning to t o the position he she held prior to t o the lay lay- off should it become vacant within six s i x months of being recalled. No new employees employee shall be hired until all those laid off have been given an opportunity to t o return to t o work and have failed to t o notify the Hospital of their intention to inten - tion t o do so, in accor- dance with accordance w i t h below, work available. or have been found unable to t o perform the Failure to signify intention to return to work within three days available. It is the sole responsibility of the receipt of the notice of recall, which shall be in writing addressed to the last known address according to the records of the Employer, and failure in fact to return to work within a further five days. An employee who so fails shall forfeit his or her own claim to Where the employee fails to has been laid off t o notify the Hospital of his her intention to t o return to t o work in accordance within three ( 3 ) working days (exclusive of Saturdays, Sundays and paid after being notified t o do so by registered m a i l , add- ressed t o the last address on record with the provisions of paragraph he Hospital (which notification shall lose all seniority and be deemed to t o have quit the employ of the Hospital. In the event that a lay off commenced been received on the second day immedi- ately following a paid holiday,' an employee otherwise qualified for holiday pay shall not be thereto solely because of the day on which the lay off commenced. A laid off employee shall retain the rights of recall for a period of six months from the date of lay offand t o return t o work within ten calen - dar days after being notified. Any agreement reached between The notification shall state the Hospital job t o which the employee is eligible t o be recalled and the Union concerning date and t i m e at which the method of implementing offs will take precedence over other terms of lay off in this agreementemployee shall report for work.

Appears in 1 contract

Samples: negotech.labour.gc.ca

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