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probationary EMPLOYEE shall be laid off while there is a temporary EMPLOYEE -r <br />serving in the same class of position for which the regular or probationary employee <br />is qualified, eligible, and available. <br />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 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 HIRE, REHIRE PROBATIONARY PERIOD: 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 />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 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, <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 />19 <br />--------- <br />--------------_ <br />