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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 lay off 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 layoffs, 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 layoff 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 lay off 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 maybe terminated at the sole <br /> discretion of the EMPLOYER. At the sole discretion of the EMPLOYER, a <br /> probationary EMPLOYEE may be put on an extended probationary period up to 90 <br /> days if the EMPLOYER held a three (3) month, four(4)month, and five (5)month <br /> documented review of the probationary EMPLOYEE. In that event, the <br /> EMPLOYEE may be placed on a performance improvement plan and probation <br /> may be extended up to 90 days. <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 EARNED SICK AND SAFE <br /> TIME (ESST) : During the probationary period following original appointment or <br /> promotional appointment, an EMPLOYEE is entitled to use accrued vacation leave <br /> and accrued ESST leave. The use of both accrued vacation leave and accrued ESST <br /> leave must comply with the respective contract language in the applicable articles. <br /> 19 <br />