Common use of Restriction of Availability Clause in Contracts

Restriction of Availability. A part-time employee who works less than the basic workweek and restricts their availability shall sign a form so advising the Employer. One copy of the form is to be mailed to the Union by the Employer. Such employee shall forfeit their right to claim any hours in excess of the number of hours to which they have restricted themselves. When reductions in hours occur, the junior employee, whether or not they are of restricted status, shall be reduced first. If an employee wishes to end their restricted status, the employee shall so advise the Employer in writing. The employee's full seniority rights shall begin from the date they advise the Employer of their full availability. An employee shall not be entitled to fill out a form as outlined above more than once per year unless otherwise mutually agreed. A full-time employee who reverts to part-time status at their own request shall be considered to have restricted their availability and the foregoing shall apply. Employees shall not be permitted to restrict their availability below sixteen (16) hours per week except for health reasons supported by a letter from a doctor, or unless mutually agreed between the Employer and the employee. The Employer will endeavour to schedule full eight (8) hour shifts, where requested by the employee. The parties recognize that circumstances may arise where availability restrictions may require consideration. Any issues that arise shall be referred to the JLM process for resolution insofar as the rights of other employees are not negatively impacted.

Restriction of Availability. A part-time employee who works less than the basic workweek and restricts their his/her availability shall sign a form so advising the Employer. One copy of the form is to be mailed to the Union by the Employer. Such employee shall forfeit their right to claim any hours in excess of the number of hours to which they have restricted themselves. When reductions in hours occur, the junior employee, whether or not they are he/she is of restricted status, shall be reduced first. If an employee wishes to end their his/her restricted status, the employee shall so advise the Employer in writing. The employee's full seniority rights shall begin from the date they advise he/she advises the Employer of their his/her full availability. An employee shall not be entitled to fill out a form as outlined above more than once per year unless otherwise mutually agreed. A full-time employee who reverts to part-time status at their his/her own request shall be considered to have restricted their his/her availability and the foregoing shall apply. Employees shall not be permitted to restrict their availability below sixteen (16) hours per week except for health reasons supported by a letter from a doctor, or unless mutually agreed between the Employer and the employee. The Employer will endeavour to schedule full eight (8) hour shifts, where requested by the employee. The parties recognize that circumstances may arise where availability restrictions may require consideration. Any issues that arise shall be referred to the JLM process for resolution insofar as the rights of other employees are not negatively impacted.