ARTICLE 17 ‑ REDUCTION OF FORCES AND RECALL FROM LAYOFF
PREAMBLE: Prior to any reduction in forces which results in layoffs, the Company shall notify the Union well in advance of this action being taken in order to enable the parties to discuss ways of avoiding a layoff or minimizing the adverse effects of a layoff. To this end, the parties will attempt to determine appropriate alternatives, which could be available to employees affected.
17.01 Seniority shall govern all Cabin Personnel in the reduction of forces and recall from layoff under this Article.
17.02 When there is a reduction in forces at a Base, the junior employee at that Base shall be declared surplus to requirements. If at the time there exists a vacancy at some other Base, s/he shall be transferred to the vacancy with all reasonable moving expenses being assumed by the Company.
17.03 If no vacancy exists at the time an employee is declared surplus to requirement, s/he shall be placed on laid‑off status and may replace the most junior employee on his/her seniority list. All transfers resulting from a layoff shall be without expense to the Company, except as provided in Article 17.06, but space available transportation shall be provided in accordance with Company Regulations.
17.04 Where an employee on laid‑off status elects not to transfer under Article 17.03, s/he shall continue on laid‑off status subject to the provisions of this Article.
17.05.01 Within seven (7) calendar days of the date of layoff notice, an employee must notify the Vice President, Customer Service, whether or not s/he intends to exercise rights under Article 17.03.
17.05.02 On receipt of notice under Article 17.05.01, the Vice President, Customer Service, shall give as much notice as practicable to the employee who is being displaced.
17.05.03 Laid‑off employees exercising their rights under Article 17.03 may be allowed a period, not to exceed thirty (30) calendar days from the effective date of layoff notice, in which to report for duty, but in no case earlier than the time required to give proper notice to the individual concerned. The reporting date will be specified in a letter to the employee concerned.
17.06 In the event an employee is moved from his/her present Base to another at Company request or order, except in adjustment of surplus as referred to in Article 17.03, and a reduction of staff affects that employee at the new location within one (1) year of the date of transfer, s/he may exercise seniority in accordance with Article 17.03. The Company will pay reasonable moving expenses and provide space available transportation in accordance with Company Regulations.
17.07 An employee who is laid off due to a reduction in force and who is subsequently recalled shall accrue seniority and service during the period of layoff. Company service during layoff will not be applied for vacation, sick leave and step-on scale.
17.08 The following will apply to employees for recall from layoff:
17.08.01 An employee on laid‑off status shall be notified by the Vice President, Customer Service, of the first available assignment to which his/her seniority entitles him.
Failure to advise the Vice President, Customer Service within seven (7) calendar days of the registered postmark date of his/her desire to be considered for the assignment shall disqualify him for the assignment. Recall notice shall be sent by registered mail or telegram to the last address filed with the Company.
17.08.02 If the employee does not accept the assignment, but desires to be retained on the seniority list for notification of subsequent assignments, s/he must so advise the Vice President, Customer Service, in writing, within fourteen (14) calendar days from the date of registered postmark. Failure to reply within this time limit will result in his/her being removed from the seniority list and thereafter s/he shall be deemed to have resigned without notice.
If the employee is notified of a permanent assignment at the point of layoff, s/he must accept, and report for duty within fourteen (14) calendar days from the date notice was sent. An acceptance of permanent assignment at other than the point of layoff shall be optional for the individual concerned; however, should s/he accept, s/he shall report for duty within twenty‑one (21) calendar days from the date of registered postmark. This time limit may be extended by the Vice President, Customer Service, under extenuating circumstances.
17.09 If an employee on laid‑off status is notified of a temporary assignment, s/he shall be entitled to decline a recall to such temporary assignment. In the event that s/he does not accept, s/he will be entitled thereafter to recall notices for permanent assignments only. An employee on laid‑off status who accepts a temporary assignment will continue on laid‑off status in relation to permanent assignments.
17.10 An employee shall be considered to have resigned without notice for any of the following reasons:
17.10.01 Failure to accept a permanent assignment as a Flight Attendant at the point of layoff.
17.10.02 Failure to report within fourteen (14) calendar days from the date of registered postmark in the event of acceptance of a permanent assignment at the point of layoff.
17.10.03 Failure to report within twenty‑one (21) calendar days from the date of registered postmark in the event of acceptance of a permanent assignment at other than the point of layoff.
17.10.04 Reversal of a decision to accept a recall without the express written consent of the Vice President, Customer Service, which may only be granted in extenuating circumstances.
17.11 Recall rights under Article 17 shall terminate five (5) years from the date of layoff.
17.12 Extension of the time limits specified in Article 17 shall be at the sole discretion of the Vice President, Customer Service.