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16.2 EMPLOYEES laid off by the EMPLOYER shall retain recall rights for a period of <br />one (1) year. The EMPLOYER shall notify EMPLOYEES on layoff by registered <br />mail to return to work at the EMPLOYEE'S last known address. The EMPLOYEE <br />must return to work within three (3) weeks of receipt of this order to be eligible for <br />reemployment. <br />16.3 Notwithstanding any of the foregoing provisions of this ARTICLE, all recall rights <br />and all other rights under this AGREEMENT shall be lost if any of the following <br />occurs: <br />A. An EMPLOYEE quits of EMPLOYEES own accord; or <br />B. An EMPLOYEE is dismissed for cause; or <br />C. An EMPLOYEE does not return to work when recalled after lay-offs, in <br />accordance with this ARTICLE; or <br />D. An EMPLOYEE is absent from the payroll due to lay-off continuously for <br />fifty-two (52) weeks or more. <br />16.4 In the event the EMPLOYER chooses to subcontract over 51% of a position(s) <br />which would result in a lay off of EMPLOYEE(S), the EMPLOYER shall notify <br />the affected EMPLOYEE(S) no less than ninety (90) days prior to the effective date <br />of lay off. At no time shall the notice of layoff for other reasons be less than 45 <br />days. <br />ARTICLE 17 <br />17.1 NEW HIRE, REHIRE PROBA ARY PE OD: All newly hired or rehired <br />EMPLOYEES shall serve a six (6) months probationary period. During the <br />probationary period such probationary EMPLOYEE may be terminated at the sole <br />discretion of the EMPLOYER. <br />PROMOTIONAL PROBATIONARY PERIOD: All promoted EMPLOYEES <br />hall serve a six (6) months probationary period in any job in which the promoted <br />EMPLOYEE has not successfully completed a probationary period. Any <br />EMPLOYEE who does not successfully complete the promotional probationary <br />period shall be returned to the EMPLOYEE'S pre -promotion job classification. <br />Such EMPLOYER decisions shall not be subject to the GRIEVANCE procedure. <br />17.3 USE OF ACCRUED VACATION LEAVE AND SICK LEAVE: During the - <br />probationary period following Original appointment or promotional appointment an <br />EMPLOYEE is entitled to use accrued vacation leave and accrued sick leave. The <br />use of both accrued vacation leave and accrued sick leave must comply with the <br />respective contract language in the applicable articles. <br />ARTICLE 18 JOB SAFETY <br />2012 & 204 AFSCME Labor Agreement <br />Deleted: During the probationary period following an <br />original appointment, an EMPLOYEE is not entitled to <br />vacation leave. During the probationary period following an <br />original appointment, an EMPLOYEE is not entitled to <br />vacation leave. Upon successful completion of the <br />probationary period, an EMPLOYEE is entitled to vacation <br />leave accrued from the start of probationary employment. <br />Employees on probation may utilize accrued sick leave at the <br />discretion of the supervisor. <br />Deleted: 7 <br />Deleted: 18 <br />19 <br />