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must return to work within three (3) weeks of receipt ofthis 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 EMPLOYEE'S 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 PROBATIONARY PERIODS <br />17.1 NEW BIRE, REHIRE PROBATIONARY PERIOD: All newly hired oirehiied <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 />17.2 PROMOTIONAL PROBATIONARY PERIOD; All promoted EMPLOYEES <br />shall serve a six (6) months probationary period in any job in which the promoted <br />EMPLOYEE has not successfuflY 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 USA OF ACCRUED VACATION LEAVE AND SICK LEAVE: During the <br />probationary period following original appointment or promotional appointment, <br />an EMPLOYEE is entitled to use accrued vacation leave and accrued sick leave. <br />The use of both accrued vacation leave and accrued sick leave must comply with <br />the respective contract language in the applicable articles. <br />ARTICLE 18 <br />18.1 <br />JOB SAFETY <br />It shall be the responsibility of the EMPLOYER, the UNION and the EMPLOYEE <br />to cooperate in programs to promote safety to themselves and the public and to <br />comply with rules promulgated to insure safety. This responsibility shall include <br />the provision of safe equipment and the proper use of all equipment in accordance <br />with recognized safety procedures. <br />