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WE ARE THE UNION!
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COMPANY PROPOSAL: ARTICL SENIORITY,
LAYOFF AND RECALL 1.
Company or House Seniority of Full Time Regular and Part Time Regular
employees who successfully complete their probationary period set forth in
Article ____ shall date from that
employee's last date of hire with the instant employer; provided,
however, that during his probationary period, an employee shall have no seniority. [Open]
2.
Bargaining Unit
Seniority shall be defined as length of continuous service from the employee's
last employment date with the Employer in years, months, and days within the
Bargaining Unit. The employee's status, Full
Time Regular or Extra Board (Part Time) employees, will determine on which
seniority list the employee is accruing seniority.
House seniority is an employee’s length of continuous service in years,
months, and days from the employee’s most recent date of hire by the Employer
(without regard to the time in the Bargaining Unit).
When two or more employees have the same seniority date, then the
employees shall be assigned based on the four (4) digits at the end of their
social security number. The lowest
four (4) digits shall be assigned the highest seniority and so on. [Open]
3.
All Seniority
shall be broken by any of the following events: (a)
Voluntary quit. (b)
Discharge. (c)
Failure because of layoff, or any other reason, to perform any work
for the Employer
for six (6) months or a period equal to the affected employee's
Seniority at the time he last ceased active work for the
Employer, whichever period is shorter. (d)
Failure to report to work on the next scheduled work day specified by
Employer in a notice of recall from layoff sent by registered or certified mail
to the employee's last known address. (e)
Failure to report to work upon expiration of a leave of absence. (f)
Absence from work without notice to the Employer for two (2) work days
in a rotating twelve (12) moth period. (g)
Absence due to injury or illness sustained during the course of
employment, exceeding the period for which statutory, temporary, total
disability payments are payable under Nevada’s Industrial Insurance Act. (h)
Falsifies the reason for a leave of absence or is otherwise dishonest in
obtaining a leave of absence. (i)
Is found to be working during a leave of absence.
Any loss of Seniority under Sections d, e, f or g shall constitute
voluntary leaving of work.
[Open] 4.
Any
employee who incurs a loss of Seniority, if subsequently re-employed, will resume
employment as a new employee with no Seniority.
[Open]
5.
(a) In
the event of a reduction in force, probationary employees within the affected
job classification (Part Time or Full Time) will be the first to be laid off.
If non-probationary employees are to be laid off, such employees will be
laid off in the order of the Bargaining Unit seniority, provided that the more
senior employees have skills and qualifications necessary to perform
satisfactorily the remaining work and no less senior employees have greater
skills and qualifications to perform that work.
[Open]
(b) Employees
will be recalled to work in accordance with their Bargaining Unit seniority,
provided that the senior employee has the skills and qualifications necessary to
perform satisfactorily the work that is available, and junior employees do not
have greater skills and qualifications to perform that work.
[Open]
(c)
The determination as to whether the employee possess the skill and
qualifications referred to in this Section shall be at the sole discretion of
the Employer, provided that such determinations is not arbitrary or capricious.
[Open]
(d) It
is the responsibility of the employee to advise the Employer of a change in
either address or telephone number, even if such change occurs during the time
that the employee is in layoff status. [Open] 6.
The
Employer will give all Full Time Regular employees forty-eight (48) hours notice
of layoff for lack of work. This Section will
not apply in the case of layoffs caused by strikes, acts of God, power
failure, fires, mechanical breakdowns, civil insurrections, necessary business
decisions or other reason beyond the control of the Employer.
[Open] 7.
An employee who is to be recalled to work by the Employer under Section 5
shall be notified to return to work by the Employer advising the employee by
telephone, certified mail, return receipt requested, or other available means of
communication of the date and time the employee is to report, and by confirming
such communication by certified mail, return receipt requested, to the
employee’s current address of record on file with the Employer.
A copy of the confirmation letter shall be sent to the Union.
Reasonable advance notice must be given an employee being recalled. If such employee fails to report to work after being given
forty-eight (48) hours notice, the employee’s seniority and continuous service
shall be terminated, and the Employer shall be free to hire a replacement.
[Open] 8.
An employee’s applicable seniority shall govern designation of days
off, subject to the employer’s right to establish designated work schedules.
Vacation/PTO selection shall be subject to the Employer’s establishment
of designated work schedules.
[Open]
UNION
COMMENTS/OPINION: See
"Status Quo": See Union Proposal: Union ARTICLE 15: Seniority, BIDDING, LAYOFF AND RECALL
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For More Information Please Contact Us At: email: TWULocal721.org or Call: Las Vegas Dealers Local 721 at: 702-476-0648 or Visit: 2770 S. Maryland Parkway, Suite 510 Updated: April 21, 2010 © 2007-08 by TWULocal721.org All Rights Reserved |
