37. When a lay-off (other than temporary) occurs in any given seniority division, an employee affected will, in exercising his or her divisional seniority, fill a vacant job in his or her classification and if not so placed, then 

37.1 Displace the junior employee in his or her job classification, seniority permitting, or will be assigned to another classification in his or her division; filling a vacant job in such classification; and if not so placed will displace an employee with less seniority in such rate of pay; provided, however, that he or she has the necessary qualifications to do the work. 

37.2 In so doing, he or she shall displace an employee with the shortest seniority possible to allow him or her to exercise this privilege, normally displacing the employee with the least seniority in the job classification. 

37.3 An employee thus displaced by a senior employee will be adjusted by the provisions of subparagraph 37.1 or 37.2. In being transferred under this provision, no training time will be allowed, however, an employee assigned under the provisions of this paragraph shall be properly instructed and oriented in the job requirements. 

37.4 An employee thus assigned will be given up to a maximum of three (3) days to display their qualifications. In no event will an employee be removed because of qualifications as long as he or she is making satisfactory progress. 

38. An employee who has exhausted divisional seniority will temporarily acquire Company-wide seniority status. On or before the eighth working day next following such acquisition of temporary Company-wide seniority status, an employee thus affected will be assigned to another job classification in the Company and: 

38.1 Displace an employee with less seniority in such classification; provided, however, that he or she has the necessary qualifications to do the work. In so doing, he or she shall displace an employee with the shortest seniority possible to allow them to exercise this privilege, normally displacing the employee with the least seniority in the job classification. 

38.2 An employee who has acquired seniority at the time of lay-off and is thus displaced by a senior employee will be adjusted by the procedure outlined in Paragraphs 37 and 38. 

38.3 In being transferred under the provisions of Paragraph 38 no training time will be allowed, however, an employee assigned under the provisions of this paragraph shall be properly instructed and oriented in the job requirements. 

38.4 An employee thus assigned will be given up to a maximum of three (3) days to display their qualifications. In no event will an employee be removed because of qualifications as long as he or she is making satisfactory progress. 

38.5 In being transferred under the provisions of Paragraph 38, an employee may designate those job classifications that he or she wishes to be exempted from. This list will consist of the individual classifications submitted in writing to the Employment Office that the employee desires not to be transferred to, and must be received by the Employment Office prior to originating a specific move to be considered. 

39. An employee who has acquired seniority but who has not been placed on a job under the provisions of Paragraphs 37 and 38 will be subject to recall under the provisions of Sub-Paragraph 34.6. 

40. Transfer of an employee under the provisions of Paragraphs 37 and 38 shall be made to a job carrying a rate of pay as near that of their former job as seniority permits. 

40.1 An employee may be transferred to a higher job classification under the provisions of Paragraphs 37 and 38 provided he or she has previously performed such higher-rated job classification for a sufficient length of time so that no training time would be required, excepting however, under the provisions of Paragraph 37 the employee must make a request to his or her Supervisor that he or she wishes to be transferred to such higher-rated job classification. An employee displaced by the provisions of this paragraph shall be placed in accordance with the provisions of Paragraphs 37, 38 and 40. 

41. When a lay-off (other than temporary) occurs, an employee who because of the provisions of this Article must be assigned to a lower job classification shall notify the Company in writing as to the minimum job rate that he or she will accept in preference to being laid off. An employee may exercise the provisions of this paragraph only when there would be a $.15 or two-labor grade reduction in his or her hourly day work rate. 

41.1 An employee affected by the lay-off or rehiring provisions of this Article who declines any job classification properly offered under the provisions of this Agreement, shall not be again considered for a job other than his or her regular job classification for a period of ninety (90) days. 

41.2 An employee who later desires to change such notice to the Company (during the 90 days) must make application to the Employment Office. At the conclusion of ninety (90) days the employee will be reassigned consistent with his or her written application in accordance with the provisions of Paragraph 37. 

41.3 Any such employee who refuses a job classification paying the same rate as his or her regular job classification shall be considered as having voluntarily quit.

Physical Restriction or Physical Lay-Off

  42. The provisions of Paragraph 41 shall not apply where the employee´s physical condition (including workers compensation restrictions and the use of prescription drugs that prohibit the operation of motor vehicles and /or heavy equipment) prohibits performance of such a job classification. Such an employee shall be relieved of his or her job assignment always replacing the least senior employee possible on a job excluding excess in the following manner: 

42.1 The employee will be assigned, seniority permitting, within his or her job classification, by shift, by seniority division, providing the assignment is consistent with his or her physical condition. 

42.2 The employee will be assigned, seniority permitting, within his or her job classification by seniority division, providing the assignment is consistent with his or her physical condition.

42.3 The employee will be assigned to the next lower rated job classification in their seniority division where the least senior employee is assigned and be placed on a job assignment within that classification, provided the assignment is consistent with his or her physical condition. 

42.4 When an employee (excluding workers compensation cases) has exhausted his or her seniority rights under paragraph 37 because of physical conditions, he or she will be laid off.  Until such time as the physical restrictions have been lifted, the employeee will remain on physical layoff and the Company will conduct a job search plant-wide only after an initial 6 week period and subsequently at the beginning of each month at which time the employee will be subject to recall under paragraph 38 (excluding paragraph 40 and 40.1 rights) and will displace the least senior employee working in line with his or her physical restrictions.  In the case of overlooked jobs, back pay will be limited to the time of the most recent plant-wide search.  The employee will be eligible for subsequent promotion to any job vacancy provided the job is within his or her restrictions or if the doctor revises the restriction the employee will be returned to work under Paragraph 37 excluding Paragraph 40.1. 

42.4.1 Plant wide job searches to place people with workers compensation restrictions will be conducted immediately upon receipt of such restrictions until the employee is placed or the restrictions are lifted.

42.5 It is the employee´s responsibility to determmine from his/her physician whether a prescribed drug may impair his/her job performance or involve hazardous conditions.  Should the physical impairment causing the employee´s inability to perform a given job assignment be eliminated, a doctor´s statement presented by the employee to that effect, and substantiation be given by the Company doctor to that effect, the employee will be considered for any assignment from which he or she was previously demoted due to physical reasons. 

42.6 In cases of disagreement between the employee´s doctor and the Company doctor, a third doctor may be called in to make an independent examination and determining judgment and the expenses will be shared equally by the Company and the employee. The third doctor shall be selected by the two doctors first mentioned and shall be a specialist with special training pertinent to the case under consideration. 

42.7 The provisions of this paragraph will not apply if the physical restriction is for less than six (6) working days. Such employee shall be returned to their regular job assignment. 

43. A lay-off of seven (7) or less working days shall be considered temporary and during such time, work shall be assigned, exclusive of Skilled Trades, to the employee who regularly performs the particular operation on which work is required. 

43.1 If more than one employee is employed in performing identical affected operations the employee having the most seniority shall be given first chance to work. 

43.2 On or before the eighth working day, the Company will rearrange the working force to comply with the lay-off provisions of Paragraphs 37, 38 and 40. 

43.3 An employee who is performing the particular operation on which work is required during the temporary lay-off, will remain so employed until an employee who is scheduled to replace him or her under Paragraphs 37 and 38 reports for work. 

43.4 It is understood that the time element of Paragraphs 38 and 43 of the lay-off provisions will run concurrently. 

44. A cessation of work for less than 24 hours shall not be considered a lay-off. Any cessation of work longer than 24 hours will be considered a temporary lay-off and the affected employee may be up for a new job assignment. Notification of Lay-Off 

45. Layoffs other than temporary: 

45.1 Three (3) working days prior to such a lay off, the Union will be notified as to the approximate number of employees to be laid off and other conditions pertaining to the lay-off, provided there are twenty-five (25) or more persons being laid off. Employees shall be notified at least twenty-four (24) hours previous to their being laid off; and, at the same time, the District Steward shall be given a complete list of the names of employees to be laid off in his or her district and division. 

46. Temporary lay-offs: 

46.1 The Union and the affected employees will be promptly notified of such lay-offs. 

46.2 Verification of the extent of the temporary lay-off will be supplied to the Union in writing within 24 hours. 

47. Employees may be loaned from one seniority division to another on a daily basis in order to cover for people absent for any reason (except for weekly vacations) and to relieve bottlenecks. Any employee who is "loaned out" from his or her regular seniority division shall be the least senior excess or unassigned at the time "loan out" occurs. If the employee´s services are no longer necessary in the division to which he or she was loaned, the employee will return to his or her home division. If the employee´s home division does not need the services of this employee for the remainder of the shift, the employee can take off for the remainder of the shift, or will be subject to further loan outs.

Discharges and Disciplinary Lay-Offs

48. Upon the discharge or disciplinary lay-off of any employee, the District Steward or Chief Steward will be notified in the presence of the employee, unless they are not at work at the time of the action. 

48.1 In the event an employee receives a disciplinary suspension a meeting will be held within two (2) days to determine the facts for final adjudication. 

48.2 The time limit may be extended by mutual agreement of the parties. 

48.3 If such action be proven improper and unjustified, the employee will be reinstated with seniority unbroken, and the Company agrees that the affected employee will be paid for time lost in accordance with the provisions of Paragraph. 

48.4 This shall not prevent parties from adjusting a discharge into a disciplinary lay-off without pay for time lost. 

48.5 The provisions of this Paragraph shall not prevent the Arbiters from exercising their rights to modify, reduce, or rescind any disciplinary action taken by the Company.