Common use of and Recall Clause in Contracts

and Recall. (a) In the event of layoff, the Hospital shall lay off em- ployees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject to layoff shall have the right to either: accept the layoff, or displace an employee who has lesser unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other orientation. Such employee so displaced shall be laid off. An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employ- ee's straight time hourly wage rate. In the event that are employees with lesser seniority in lower or identical paying classifications as defined in this Article, a laid off employee will have the right to displace an employee with lesser seniority, who is the least senior employee in a classification where the straight time hourly rate at level of ice corresponding to that of the laid off employee is within of the laid off employee's straight time hourly rate provided he can perform the duties without training other than orientation. Such employee so dis- placed shall be laid off. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the col- lective agreement shall not apply until the recall proc- ess has been completed. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner.

Appears in 1 contract

Samples: Collective Agreement

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and Recall. (a) For the purpose of this agreement, a lay-off shall be defined as an action taken by the Employer which results in a temporary cessation of employment, except during normal annual facility maintenance in pools which shall not exceed three weeks per year and seasonal programme breaks, excluding pools, which shall not exceed four weeks per year, or on a permanent closing of a facility which results in the cessation of The Employer will notify employees one week prior to a lay-off, provided that the employee has completed his/her probationary period. An employee who has not completed the probationary period will not be entitled to notice of lay-off under the of this Agreement. the scope of this Agreement, no new employees will be hired until those employees who have been laid-off have been given an opportunity of and Recall In the event of layoffa lay-off, the Hospital shall lay employees will be laid-off em- ployees in the reverse order of their seniority seniority, within their own classification, providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject to layoff shall have the right to either: accept the layoff, or displace an employee who has lesser unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other orientation. Such employee so displaced shall be laid off. An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employ- ee's straight time hourly wage rate. In the event that are of a lay-off, employees with lesser seniority in lower or identical paying classifications as defined in this Articlewill be given the opportunity, a laid off employee will have within the right bargaining unit, to displace an bump any employee with lesser seniority, who is the least senior employee in a classification where the straight time hourly rate at level of ice corresponding to that of the laid off employee is less seniority either within of the laid off employee's straight time hourly rate provided he can perform the duties without training other than orientation. Such employee so dis- placed shall be laid off. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he has the ability their program or within their own facility providing they are able to perform the work before such opening is filled available. Employees so bumped may similarly exercise their rights as set out above. Employees on lay-off shall be recalled in the order of their seniority within classification, facility or former program on a regular basis under a job posting procedure. The posting procedure in the col- lective agreement shall not apply until the recall proc- ess has been completed. In determining the ability of an employee bargaining unit wide basis, providing they able to perform the work available. It is the responsibility of every employee to notify the Employer promptly of address and telephone number. If an employee fails to make this notification to the Employer, the Employer shall not be responsible for the purposes failure of notice of recall to the paragraphs aboveemployee. Normally, upon being laid-off, an employee shall be notified of his/her date of recall, In the event that this date is moved forward, the Hospital employee(s) shall not act in an arbitrary or unfair mannerbe notified by registered mail with copies sent to the Union.

Appears in 1 contract

Samples: Collective Agreement

and Recall. An employee in receipt of notice of lay-off pursuant to (a) In the event of layoff, the Hospital shall lay off em- ployees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject to layoff shall have the right to either(ii) may: accept the layofflay-off, or opt to receive a separation allowance as outlined in Article or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension plan as outlined in Article or displace an another employee who has lesser bargaining unit seniority and who is in the least senior employee in same or a lower or identical an identical-paying classification in the bargaining unit if the employee originally subject to layoff can perform lay-off has the duties ability to meet the normal requirements of the lower or identical classification without training other orientationjob. Such An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his/her intention to do so and the position claimed within seven days after receiving the notice of lay-off. An identical FNoortep: urposes of the operation of Clause an identical-paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employ- ee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical identical-paying classifications classification, as defined in this Articlearticle, a laid off employee will shall have the right to displace an another employee with lesser seniority, seniority who is the least senior employee in a the classification and where the straight time hourly rate at the level of ice service corresponding to that of the laid off employee is within of the laid off employee's ’s straight time hourly rate provided he can perform the duties without training rate. An employee who is subject to lay-off other than orientationa lay-off of a permanent or long-term nature shall have the right to accept the lay-off or displace another employee in accordance with (a) and above. Such employee so dis- placed shall be laid off. d he/she has ability to p An employee shall have opportunity of recall from a layoff lay-off to an available opening, in order of seniority, provided he has the ability to perform provide erform the work before such Page IO of pages Board of Governors opening is filled on a regular basis under a job posting procedure. The posting procedure in the col- lective agreement Collective Agreement shall not apply until the recall proc- ess process has been completed. In determining the ability of an employee employee. to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner.. An employee recalled to work in a different classification from which he/she was laid off shall have the privilege of returning to the position held prior to the lay-off should it become vacant within six months of being recalled. No new employees shalt be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and and time at which the employee shall report for work. The employee is solely responsible for his/her proper address being on record with the Hospital. Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed ten (IO) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. In the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the six-month notice period provided for in Article

Appears in 1 contract

Samples: Collective Agreement

and Recall. (a) In the event of layoff, the Hospital shall lay off em- ployees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject in receipt of notice of layoff pursuant to layoff shall have the right to eithermay: accept the layoff; or opt to receive a separation allowance as outlined in Article ; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace an another employee who has lesser bargaining unit seniority and who is in the least senior employee in same or a lower or identical paying an classification in the bargaining unit if the employee originally subject to layoff can perform has the duties ability to meet the normal requirements of the lower or identical classification without training other orientationjob. Such An employee so displaced shall be deemed to have been laid offoff and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. An identical paying classification shall Note: For purposes of the operation of clause an classificationshall include any classification where the straight straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employ- ee's employee’s straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical paying classifications classification, as defined in this Articlearticle, a laid off employee will shall have the right to displace an another employee with lesser seniority, seniority who is the least senior employee in a the classification and where the straight straight-time hourly rate at the level of ice service corresponding to that of the laid off employee is within of the laid off employee's straight ’s straight-time hourly rate provided he can perform the duties without training rate. An employee who is subject to layoff other than orientation. Such a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee so dis- placed shall be laid offin accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the col- lective collective agreement shall not apply until the recall proc- ess process has been completedcomplete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner.. An employee recalled to work in a different classification from which he was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10)working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the six-month notice period provided for in Article Retraining

Appears in 1 contract

Samples: Part Time

and Recall. (a) In the event of layoff, the Hospital shall lay off em- ployees employees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject to layoff shall have the right to either: Note: accept the layoff, ; or displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be laid off. An For purposes of the operation of clause an identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employ- ee's straight time hourly wage rate. In the event that are employees with lesser seniority in lower or identical paying classifications as defined in this Article, a laid off employee will have the right to displace an employee with lesser seniority, who is the least senior employee in a classification where the straight time hourly rate at level of ice corresponding to that of the laid off employee is within one percent (1%) of the laid off employee's straight time hourly rate provided he can perform the duties without training other than orientation. Such employee so dis- placed shall be laid offwage rate. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the col- lective agreement Collective Agreement shall not apply until the recall proc- ess process has been completedcomplete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he was laid off shall have the privilege of returning to the position he held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees.

Appears in 1 contract

Samples: Collective Agreement

and Recall. (a) In the event of layoff, the Hospital shall lay off em- ployees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject in receipt of notice of layoff pursuant to layoff shall have the right to eithermay: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace an another employee who has lesser bargaining unit seniority and who is in the least senior employee in same or a lower or identical paying an classification in the bargaining unit if the employee originally subject to layoff can perform has the duties ability to meet the normal requirements of the lower or identical classification without training other orientationjob. Such An employee so displaced shall be deemed to have been laid offoff and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. An identical paying For purposes of the operation of clause an classification shall include any classification where the straight straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employ- eeemployee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical paying classifications classification, as defined in this Articlearticle, a laid off employee will shall have the right to displace an another employee with lesser seniority, seniority who is the least senior employee in a the classification and where the straight straight-time hourly rate at the level of ice service corresponding to that of the laid off employee is within of the laid off employee's straight straight-time hourly rate provided he can perform the duties without training rate. An employee who is subject to layoff other than orientation. Such a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee so dis- placed shall be laid offin accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the col- lective collective agreement shall not apply until the recall proc- ess process has been completedcomplete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the six-month notice period provided for in Article 9.08."

Appears in 1 contract

Samples: Collective Agreement

and Recall. (a) In the event of layofflay-off, the Hospital shall lay lay-off em- ployees employees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject to layoff lay-off shall have the right to either: either accept the layoff, lay-off; or displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a the lower or of identical paying classification in the bargaining unit if the employee originally subject to layoff lay-off can perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be laid off. An (Note: For purposes of the operation of clause an identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employ- ee's straight time hourly wage rate. In the event that are employees with lesser seniority in lower or identical paying classifications as defined in this Article, a laid off employee will have the right to displace an employee with lesser seniority, who is the least senior employee in a classification where the straight time hourly rate at level of ice corresponding to that of the laid off employee is within one percent of the laid off employee's straight time hourly rate provided he can perform the duties without training other than orientation. Such employee so dis- placed shall be laid off. wage rate.) An employee shall have the opportunity of recall from a layoff lay-off to an available opening, in order of seniority, provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the col- lective collective agreement shall not apply until the recall proc- ess process has been completed. In determining the ability of an employee to perform the work for the purposes purpose of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he was laid off shall have the privilege of returning to the position he held prior to the lay-off should it become vacant within six months of being recalled. No new employees shall be hired until all those laid off have been given the opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. “The Hospital undertakes to notify the Union in advance, so far as practicable, of any technological changes which the Hospital has decided to introduce which will significantly change the status of employees within the bargaining unit. The Hospital agrees to discuss with the Union the effect of such technological changes on the employment status of employees and to consider practical ways and means of minimizing the adverse affect, if any, upon employees concerned. Where new or greater skills are required than are already possessed by affected employees under the present methods of operation, such employees shall be given a period of training, with due consideration being given to the employee’s age and previous educational background, during which they may perfect or acquire the skills necessitated by the new method of operation. The employer will assume the cost of tuition and travel. There shall be no reduction in wage or salary rates during the training period of any such employee. Training shall be given during the hours of work whenever possible and may extend for up to six months. Employees with one or more years of continuous service who are subject to lay-off under conditions referred to above, will be given notice of the impending change in employment status at the earliest reasonable time in keeping with the notification to the Union as above set forth and the requirements of the applicable law.

Appears in 1 contract

Samples: Collective Agreement

and Recall. (a) In the event of layofflay-off, the Hospital shall lay off em- ployees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject to layoff lay-off shall have the right to either: accept the layofflay-off, or displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff lay-off can perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be laid off. NOTE: An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employ- eeemployee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in lower or identical paying classifications as defined in this Article, a laid off employee will have the right to displace an employee with lesser seniority, who is the least senior employee in a classification where the straight time hourly rate at the level of ice service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly rate provided he can perform the duties without training other than orientation. Such employee so dis- placed displaced shall be laid off. The decision of the employee to choose (a) or above, shall be given in writing to the designated hospital representative within ten working days (excluding Saturday, Sunday and Holidays) the notification of lay- off. Employees failing to do so will be deemed to have accepted lay-off. An employee shall have the opportunity of recall from a layoff lay-off to an available opening, in order of seniority, provided he has the ability to perform the work before such opening is filled on a regular basis under a job ajob posting procedure. The posting procedure in the col- lective agreement Collective Agreement shall not apply until the recall proc- ess process has been completed. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner.ARTICLE JOB SECURITY

Appears in 1 contract

Samples: negotech.labour.gc.ca

and Recall. (a) In the event of layoff, the Hospital shall lay off em- ployees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject in receipt of notice of layoff pursuant to layoff shall have the right to eithermay: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible terms of the Hospitalsof Ontario Pension Plan as outlined in Article or displace an another employee who has lesser unit bargainingunit seniority and who is in the least senior employee in same or a lower or identical an identical-paying classification in the bargaining unit if the employee originally subject to layoff can perform has the duties of ability to meet the lower or identical classification without training other orientationnormal requirementsof the job. Such An employee so displaced shall be deemed to have been laid offoff and shall be entitled to notice in accordance with Article An employee who chooses to exercisethe right to displaceanother employee with lesserseniority shall advise the Hospital of his or her intentionto do so and the position claimed within seven (7) days after receiving the notice of layoff. An identical For purposes of the operation of clause an identical-paying classification shall include any classification where includeany classificationwhere the straight straight-time hourly wage hourlywage rate at the level of levelof service corresponding to that of the laid off employee is within of the laid off employ- ee's straight time hourly wage rate. In the event that are employees with lesser seniority in lower or identical paying classifications as defined in this Article, a laid off employee will have the right to displace an employee with lesser seniority, who is the least senior employee in a classification where the straight time hourly rate at level of ice corresponding to correspondingto that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employeeswith lesser seniority inthe same or a lower or identical-payingclassification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate provided he can perform at the duties without training level of service correspondingto that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than orientation. Such a layoff of a permanent or long-term nature including a full time employee so dis- placed whose hoursof work are, subject to Article reduced, shall be laid offhave the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from opportunityof recallfrom a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the col- lective collective agreement shall not apply until the recall proc- ess untilthe recallprocess has been completedcomplete. In determining the determiningthe ability of an employee to employeeto perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalledto work in a different classificationfrom which he or she was laid off shall have the privilege of returningto the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on recordwith the Hospital (which notificationshall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be requiredto accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the notice period provided for in Article 9.08."

Appears in 1 contract

Samples: Collective Agreement

and Recall. (a) In the event of layoff, the Hospital shall lay off em- ployees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject in receipt of notice of layoff pursuant to layoff shall have the right to eithermay: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace an another employee who has lesser bargaining unit seniority and who is in the least senior employee in same or a lower or identical an identical-paying classification in the bargaining unit if the employee originally subject to layoff can perform has the duties ability to meet the normal requirements of the lower or identical classification without training other orientationjob. Such An employee so displaced shall be deemed to have been laid offoff and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. An identical For purposes of the operation of clause an identical-paying classification shall include any classification where the straight straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employ- eeemployee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical identical-paying classifications classification, as defined in this Articlearticle, a laid laid-off employee will shall have the right to displace an another employee with lesser seniority, seniority who is the least senior employee in a the classification and where the straight straight-time hourly rate at the level of ice service corresponding to that of the laid off employee is within of the laid laid-off employee's straight straight-time hourly rate provided he can perform the duties without training rate. An employee who is subject to layoff other than orientation. Such a layoff of a permanent or long-term nature including a full time employee so dis- placed whose hours of work are, subject to Article reduced, shall be laid offhave the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the col- lective collective agreement shall not apply until the recall proc- ess process has been completedcomplete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (IO) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08."

Appears in 1 contract

Samples: Collective Agreement

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and Recall. (a) In the event of layoff, the Hospital shall lay off em- ployees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject in receipt of notice of layoff pursuant to layoff shall have the right to eithermay: accept the layoff; or to receive a separation allowance as outlined in or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace an another employee who has lesser bargaining unit seniority and who is in the least senior employee in same or a lower or identical paying classification an identical-payingclassification in the bargaining unit if the ifthe employee originally subject to layoff can perform has the duties ability to meet the normal requirements of the lower or identical classification without training other orientationjob. Such An employee so displaced shall be deemed to have been laid offoff and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoff. An identical Note: For purposes of the operation of clause an identical-paying classification shall include any classification where the straight straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employ- eeemployee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical identical-paying classifications classification, as defined in this Articlearticle, a laid laid-off employee will have the right to rightto displace an another employee with lesser seniority, seniority who is the least senior employee in a the classification and where the straight straight-time hourly rate at the level of ice service corresponding to that of the laid off employee is within of the laid laid-off employee's straight straight-time hourly rate provided he can perform the duties without training rate. An employee who is subject to layoff other than orientation. Such a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee so dis- placed shall be laid offin accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the col- lective collective agreement shall not apply until the recall proc- ess process has been completedcomplete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner.. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the of seniority provision, or have been found unable to perform the work

Appears in 1 contract

Samples: Part Time

and Recall. (a) Whenever the work force departments of the Employer having employees covered by this agreement is to be reduced, employees shall be laid off first and if more layoffs are implemented, the procedure shall One seniority per department shall be prepared and maintained which will show each employee's date of hire and also the employee's accumulated seniority. The accumulated seniority on such list shall determine the order of layoff, the employee with the least accumulated seniority the first to be laid off. If there is to be a reduction of work force a sub unit, the employee with the least accumulated seniority in that sub unit shall be the first to be laid off. Provided, however, that the employee with the least seniority in the sub affected may displace an employee in another sub unit who has seniority if the more senior employee is able and willing to the work performed by the more junior employee. It Is that if the more senior employee Is qualified to perform the work, he or she will be allowed a period of orientation to acquire the necessary ability and efficiency. In the event of layoffa layoff of a Registered Technologist in Diagnostic imaging, the Hospital shall lay off em- ployees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee who is least senior Registered Technologist will be subject to layoff regardless of whether or not such employee is assigned to In each of the and departments, the employee's accumulated seniority shall determine the order of layoff. The employee with the least accumulated seniority will be the to be laid Off. No full-time employee within the bargaining unit shall be laid off by reason of full-time duties assigned to one (1) part-time employees. in all cases with respect to the layoff procedure contained herein, a part-time employee will not be entitled to displace a full-time employee. In returning to work, the last employee laid off within the department (or sub unit) shall be the employee to be recalled providing they have the right qualifications and abilities required to either: accept performthe job. The Employer agrees to supply seniority lists of all employees within each of the layoffdepartments covered by this Agreement, and to post said lists every (6) months, namely on the 15th of January and July in each year, where they will be accessible to the members of the Union. of these seniority lists shall be mailed to the Union on such dates or displace an employee soon thereafter. Said seniority in the case of all employees, shall contain the names of all employees the bargaining unit who has lesser unit are regularly employed on a schedule of not less than (15) hours per week. Such lists shall include the employee's name, date of hire, accumulated seniority hours, and who is the least senior employee in a lower or identical paying classification classificationof each employee. A technologist presently in the bargaining unit if represented by the Union, who elects to transfer to a Non-Union position within the same department with the Hospital, of the bargaining unit, shall maintain her seniority earned a member of the bargaining unit, and shall also be credited with full seniority acquired during the she was employed outside of the bargaining unit providing such outside the bargaining unit does not extend for a period of time in excess of six (6) calendar months in the bargaining position. New No new employees will be hired until all laid off seniority employees have been given an of re-employment (recalled). Notices of layoffs shall be in accordance with the statutory provisions of the Employment Standards Act of the Provinceof Ontario. Tie Should two (2) employees have the same number of hours for seniority purposes and it becomes necessary to break the tie. the employee originally subject to layoff can perform the duties of the lower or identical classification without training other orientation. Such employee so displaced who was employed shall be laid off. An identical paying classification shall include any classification where Subject to the straight time hourly wage rate at provisions of this Collective Agreement, the level of service corresponding to that of the laid off employee is within of the laid off employ- ee's straight time hourly wage rate. In the event that are employees with lesser seniority in lower or identical paying classifications as defined in this Article, a laid off employee will have the right to displace an employee with lesser seniority, who is the least senior employee in a classification where the straight time hourly rate at level of ice corresponding to that of the laid off employee is within of the laid off employee's straight time hourly rate provided he can perform the duties without training other than orientation. Such employee so dis- placed shall be laid off. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the col- lective agreement shall not apply until the recall proc- ess has been completed. In determining the ability and employment of an employee shall the employee quits; the employee is discharged for just cause and not reinstated pursuant to perform the work for the purposes provisions of the paragraphs aboveGrievance Procedureherein defined; the employee fails to report for work upon termination of a leave of absence, without justifiable reason. when notified by the Employer to to work after a layoff, the Hospital shall not act employee fails to inform the Employerof intent to to work within three (3) days and/or report for duly within seven (7) days of original notificationby telegram or registered mail at their last known address as appearing on the the employee is absent due to illness or injury for a period in an arbitrary or unfair manner.excess of

Appears in 1 contract

Samples: Collective Agreement

and Recall. (a) There shall be at least months notice to the Union in the event of a proposed layoff of a permanent or long-term nature or in the event of a substantial bed cutback which affects or could affect the bargaining unit, unless the notice of reduced funding from the Ministry to the Home is given less than months from the end of the fiscal year, in which case the number of months notice required shall be that number of months from the end of the fiscal year that the notice from the Ministry was received but in no case shall be less than months. In the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with weeks notice for each year of service to a maximum of weeks, provided that the employee has more than months service. Employees with less than months service will be entitled to notice in accordance with the provisions of the Employment Standards Act. A copy of any notice of layoff to an employee will be provided to the Union at the same time. In the event of a layoff, the Hospital Home shall lay off em- ployees layoff employees in the reverse order of their seniority within their classificationclassification in the respective bargaining unit i.e., full-time or part-time, providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject to layoff shall have the right to either: accept the layoff, or displace an employee who has lesser less bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to the layoff can perform the the- duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be laid offoff subject to the layoff procedure. An A full time employee may displace a part time employee and vice versa, given reasonable orientation. Note an identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employ- ee's employee’s straight time hourly wage rate. In the event that there are no employees with lesser seniority in lower or identical paying classifications as defined in this Article, a laid off employee will have the right to displace an employee with lesser less seniority, who is the least senior employee in a classification where the straight time hourly rate at the level of ice service corresponding to that of the laid off employee is within of the laid off employee's ’s straight time hourly rate rated provided he can perform the duties without training other than orientation. Such employee so dis- placed displaced shall be laid offoff subject to the layoff procedure. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he has possesses the qualification and ability to perform the work before such opening is filled on a regular basis under a the job posting procedure. The posting procedure in the col- lective agreement shall not apply until the recall proc- ess process has been completed. In determining the qualification and ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital Home shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which was laid off shall have the privilege of returning to the position held within two years of having been recalled. No new employee shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provisions, or have been found unable to perform the work available. Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed working days. An employee who has- been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the layoff commenced In the event of layoff of a full-time employee, the Home shall pay its share of insured benefits premiums up to months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere, whichever comes first. Seniority lists will be posted on the official Union Bulletin Board in the Home and a copy of the Seniority List will be supplied to the Union Office and the Chairs of the Union. The Seniority List will be posted and revised semi-annually on or before January and July of each year according to the records of the Home. Seniority as posted will be deemed to be final and binding and not subject to complaint unless such complaint is made within thirty (30) days from the first date of current posting. An employee shall lose all seniority and shall be deemed to have quit the employ of the Home after is discharged for cause and the discharge is not revoked through the Grievance Procedure; tenders resignation in writing or quits the employ of the Employer; fails to report for work within days after being notified by the Employer following a lay off or fails to advise the Employer within five (5) days (exclusive of Saturdays, Sundays or paid holidays) of intention to report for work, pursuant to notification by registered mail addressed to the last address on record with the Home. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report to work. The employee is solely responsible for proper address being on record with the Home; is absent for five consecutive regularly scheduled shifts without providing proper notice of a reason satisfactory to the Employer. Any employee who is terminated in accordance with this provision will be advised by registered mail or equivalent and a copy of this notice will be sent to the Chairperson of the Bargaining Unit at the time. is laid off continuously for months or longer Where a Full-time employee transfers to the Part-time unit, or vice versa, in the same job classification, there will be no trial period. The employee will transfer at current wage rate.

Appears in 1 contract

Samples: Collective Agreement

and Recall. (a) In the event of layoffa proposed lay-off of a permanent or long-term nature, the Hospital Home will provide the Union with at least weeks notice. This notice is not in addition to required notice for individual employees. In the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with notice in accordance with the Standards However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows: if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice Procedure In the event of lay-off, the employer shall lay lay-off em- ployees employees in the reverse order of their seniority within their classification, providing provided that there remain on the job employees who then have the ability and qualifications as required by law to perform the work. An employee who is subject to layoff lay-off shall have the right to either: accept the layoff, lay-off; or displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff lay-off is qualified, as required by law, for and can perform the duties of the lower or identical paying classification without training other than orientation. Such employee so displaced shall be laid off. An Note: identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employ- ee's employee’s straight time hourly wage rate. In the event that there are no employees with lesser seniority in lower or identical paying classifications as defined in this Articlearticle, a laid laid-off employee will have the right to displace an employee with lesser seniority, who is the least senior employee in a classification where the straight time hourly rate at the level of ice service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly rate provided he is qualified for and can perform the duties without training other than orientation. Such employee so dis- placed displaced shall be laid off. An employee shall have opportunity The decision of recall from a layoff to an available opening, in order of seniority, provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the col- lective agreement shall not apply until the recall proc- ess has been completed. In determining the ability of an employee to perform choose or above shall be given in writing to the work for administrator within one calendar week following the purposes notification of lay-off. Employees failing to do so will be deemed to have accepted the paragraphs above, the Hospital shall not act in an arbitrary or unfair mannerlay-off.

Appears in 1 contract

Samples: Collective Agreement

and Recall. (a) In the event of layoff, the Hospital shall lay off em- ployees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject in receipt of notice of layoff pursuant to layoff shall have the right to eithermay: accept the layoff; or opt to receive a separation allowance as outlined in Article 2; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace an another employee who has lesser bargaining unit seniority and who is in the least senior employee in same or a lower or identical an identical-paying classification in the bargaining unit if the employee originally subject to layoff can perform has the duties ability to meet the normal requirements of the lower or identical classification without training other orientationjob. Such An employee so displaced shall be deemed to have been laid offoff and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. An identical For purposes of the operation of clause an identical-paying classification shall include any classification where the straight straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employ- ee's employee’s straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical identical-paying classifications classification, as defined in this Articlearticle, a laid laid-off employee will shall have the right to displace an another employee with lesser seniority, seniority who is the least senior employee in a the classification and where the straight straight-time hourly rate at the level of ice service corresponding to that of the laid off employee is within of the laid laid-off employee's straight ’s straight-time hourly rate provided he can perform the duties without training rate. An employee who is subject to layoff other than orientation. Such a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee so dis- placed shall be laid offin accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the col- lective agreement shall not apply until the recall proc- ess has been completed. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner.posting

Appears in 1 contract

Samples: Collective Agreement

and Recall. (a) In the event of layoff, the Hospital shall lay off em- ployees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject in receipt of notice of layoff pursuant to layoff shall have the right to eithermay: accept the layoff; or opt to receive a separation allowance as outlined in Article 2; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace an another employee who has lesser bargaining unit seniority and who is in the least senior employee in same or a lower or identical an identical-paying classification in the bargaining unit if the employee originally subject to layoff can perform has the duties ability to meet the normal requirements of the lower or identical classification without training other orientationjob. Such An employee so displaced shall be deemed to have been laid offoff and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven days after receiving the notice of layoff. An identical Note: For purposes of the operation of clause an identical-paying classification shall include any classification where the straight straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employ- eeemployee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical identical-paying classifications classification, as defined in this Articlearticle, a laid laid-off employee will shall have the right to displace an another employee with lesser seniority, seniority who is the least senior employee in a the classification and where the straight straight-time hourly rate at the level of ice service corresponding to that of the laid off employee is within of the laid laid-off employee's straight straight-time hourly rate provided he can perform the duties without training rate. An employee who is subject to layoff other than orientation. Such a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee so dis- placed shall be laid offin accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the col- lective collective agreement shall not apply until the recall proc- ess process has been completedcomplete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten working days. An who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the six-month notice period provided for in Article 9.08."

Appears in 1 contract

Samples: Collective Agreement

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