ARTICLE XXI: Layoffs

1. In the event of any contemplated layoff, the Employer shall give the Guild at least one (1) month's notice in advance and shall give notice at least two (2) weeks in advance to a full-time employee designated to be laid off, except where failure to give notice is due to circumstances the Employer could not reasonably foresee.

2. When it becomes necessary to reduce the force, all employees in affected job classifications working less than full-time shall be laid off or terminated prior to laying off any regular full-time employees in such job classifications, provided the regular full-time employees in such job classifications are qualified to perform the required work. Regular part-time employees shall be given two (2) weeks advance notice of layoff due to reduction in workforce.

3. In the event of layoffs, such reduction or layoffs shall be made in the inverse order of seniority established on the basis of total length of continuous service as defined in Section 4, in the classifications of work involved, and the employees displaced thereby shall, if available, be rehired in order of their established seniority before any new employees are hired in the classifications involved, subject to the following conditions:

a. An employee laid-off may elect, within seven (7) days after his/her actual layoff, to bump into another classification in which he/she has worked, provided he/she is qualified to perform the work of the employee who is displaced. He/she may displace an employee in another classification whose years of service in that classification are less than the years of the laid-off employee in both classifications together. The employee thus bumped shall be the one with the lowest classification seniority.

b. An employee thus displaced may similarly elect to bump into another classification in which he/she has worked.

c. If an employee bumps into another classification, his/her experience rating shall include his/her service in both classifications.

d. Employees laid-off to reduce the force and employees who have elected to bump into another classification shall be placed on a rehiring list. The Employer shall fill all vacancies with persons on the list who have worked in the classification in which the vacancy occurs, in the order of seniority based upon service in any classification provided the employee is qualified to perform the available work. Time spent on a rehiring list by laid-off employees shall not constitute breaks in continuity of service in computing seniority, but need not be counted as service time in computing eligibility for other contract benefits.

e. Employees laid-off to reduce the work force shall be placed on a rehiring list for one (1) year.

f. Notice of recall from lay-offs shall be sent out "certified mail/return receipt requested" to the employee's last recorded address filed with the Employer. Failure to report within ten (10) days of date of receipt of notice of recall shall result in termination of employment. However, if an employee will suffer a hardship by reporting to work on the date specified, an extension may be granted.

g. Employees who exercise their right to bump into a lower classification as provided in Section 3 a. above, shall be placed on a re-hire list for two (2) years.

h. Any employees laid off to reduce the force for economic or other reasons shall receive a cash severance payment equal to his/her wages for one (1) week for each six (6) months or major fraction thereof during which the employee has been continuously employed by the Employer. In no event shall this payment exceed thirty (30) weeks.

4. Seniority, except as used in Article XXI, Sections 3 a. and b., means length of continuous employment under this Agreement as either a full-time or part-time employee. Employment shall be deemed continuous unless interrupted by a) dismissal for just and sufficient cause, b) resignation, c) retirement, d) refusal to accept an offer of rehire into the classification in which an employee worked when dismissed or e) removal from a rehiring list after one (1) year in accordance with Article XXI, Section 3 e. Any part-time employee whose status changes to full-time will be given an adjusted seniority date determined on the basis of all straight time hours paid during such part-time employment prior to the change, with thirty-seven and one-half (37.5) such hours being equivalent to one (1) week of seniority.

5. a. The Employer shall provide the Guild two (2) months' notice of its intention to introduce new equipment that may change jobs or job duties or result in layoffs. Upon receipt of such notice and request by the Guild, the parties shall meet to discuss the impact of such introduction. Layoffs due to the introduction of new equipment shall be undertaken only as a last resort.

b. When it becomes necessary to reduce the force because of the introduction of new equipment, such layoff shall be in accordance with Sections 2 and 3 above, except that "bumping" rights may be exercised based on the ability to perform the work of the new classification without regard to whether the individual ever worked in the other classification. Such bumping may be into another classification in the same or lesser pay grade.

c. Employees in Salary Grades V, IV, and III who are laid off due to the introduction of new equipment shall maintain their prior pay rate if they elect to bump into a Salary Grade IV or III or II position. Such rate will remain unchanged until such time as the new salary grade pay level exceeds their current pay level. No increases of any kind will be applied to these affected employees' pay rates in the interim period.

d. Employees laid off due to the introduction of new equipment who elect to bump into positions lower than Salary Grade II, should they be qualified to perform the work, shall receive a flat fifty dollars ($50.00) pay in addition to the top level of Salary Grade I until the contractual rate of salary in Grade I exceeds the additional fifty dollars ($50.00). No increase of any kind will be applied to the affected employee's pay rate in the interim period.

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