Layoff

Definition and stakes

Portrait of John Marshall John Marshall,  Litton Financial Printing Division Division of Litton Business Systems Inc…

“ Notably, the layoff provisions do not contain any language suggesting an intent to preclude posttermination grievances over layoffs from arbitration. See App. 30-31.↑ Section 12 of the expired agreement, entitled "Notice of Layoutt" [sic ] , contains six subsections addressing, inter alia, issues of seniority, layoffs, and recalls. Subsection F, which addresses the recalling of laid off workers, enumerates the six ways in which " [a] n employee shall lose his seniority." ”
Source: Wikisource

Portrait of Anthony Kennedy Anthony Kennedy,  Litton Financial Printing Division Division of Litton Business Systems Inc…

“ Leaving aside the question whether a provision requiring all layoffs to proceed in inverse order of seniority would support an analogy to the severance pay at issue in Nolde Bros., which was viewed as a form of deferred compensation, the layoff provision here cannot be so construed, and cannot be said to create a right that vested or accrued during the term of the Agreement, or a contractual obligation that carries over after expiration. ”
Source: Wikisource

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