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Section 16
LAYOFF AND RECALL

  1. When seniority employees are declared surplus because of a lack of work, the following procedure will apply:

    1. The Union Officers and the seniority employees affected will be notified thirty (30) days in advance of a reduction of work force. The failure to provide such notice, the affected employee will receive his/her pay to fulfill the thirty (30) day notice period.

    2. First, any temporary employees, and then, any probationary bargaining unit employees shall be removed from the classification affected before seniority employees are displaced, providing the remaining seniority employees are qualified to perform the work. Student hours or numbers shall not be increased to perform the work of the laid off employee in the unit in which the layoff occurred.

    3. Thereafter, the least senior employee in the classification and unit shall be transferred, seniority permitting, first to fill a vacancy in the same classification or, if none, then to displace the least senior employee working in the same classification, on the same shift, plantwide. An employee declining to exercise his seniority rights in accordance with the foregoing, shall be deemed to have accepted a voluntarily layoff. It is agreed that a job vacancy ceases to be available to a surplus employee at the moment it has been awarded to and accepted by the most senior qualified applicant for the vacancy following its being posted.

    4. Having insufficient seniority to exercise within his current classification, the surplus employee may then elect either a voluntary layoff, or, seniority permitting, may displace the less senior employee in any classification plantwide, in which the surplus employee is qualified to perform the work. Having insufficient seniority to displace another bargaining unit employee accordingly, the surplus employee shall be laid off.

    5. Employees displaced under the process described in subparagraph 4. above, shall then have the right to exercise their seniority in the same manner.

    6. No surplus employee may exercise his seniority so as to displace an employee in a higher-paid classification unless such surplus employee previously held the higher-paid classification and performed its work to the Employer's satisfaction.

  2. The exercise of seniority rights to transfer into another classification is subject always to the employees being qualified to perform the work as defined in Paragraph D. of Section 18 of this Agreement, following a reasonable orientation period. The Employer shall not be obligated to train any employee in order to preclude his layoff.

  3. Bargaining unit employees in Auxiliary Enterprises Operations will be offered available work at their regular classification rate of pay during the Christmas to New Year recess, the summer semester, and the recess periods between semesters. No employee will have their classification reduced or be paid in a higher classification during these time periods. Work will first be offered to seniority employees, within classification and unit. econdly, it will be offered to qualified senior employees within the unit. Finally, it will be offered to senior employees Auxiliary-wide.

  4. When required by Employer, employees shall be recalled from layoff in accordance with their seniority to available work for which they are qualified; provided, however, that an employee electing a voluntary layoff under the terms of Paragraph A. 4. above shall be recalled in accordance with his seniority only to the same classification from which he elected such layoff. Employees displaced and transferred from their higher-paid classifications shall be transferred back as their seniority permits and as work is available, before any such open classifications are posted as job vacancies.

    1. Notice of recall shall be sent to the employee at his last known address by registered or certified mail.

    2. Employer may require an employee who is recalled to work after a layoff of more than three (3) months to undergo a physical examination conducted by a medical doctor at University's expense.