Common use of and Recall Clause in Contracts

and Recall. An employee in receipt of notice of layoff pursuant to may: 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 another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. 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 or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. 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 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 classification, 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 at the level of service corresponding to 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 a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have 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 collective agreement shall not apply until the recall process has been complete. 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

AutoNDA by SimpleDocs

and Recall. In the event of layoff, the Hospital shall lay off 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 performthe work. An employee in receipt of notice of who is subject to layoff pursuant shall have the right to mayeither: 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 another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements can performthe duties of the jobclassification without training other than orientation. An employee Such employees so displaced shall be laid off. The of the employee to choose or above shall be given in writing to the designated hospitalrepresentativewithin ten (10) working days (excluding Saturday, Sunday and Holidays) following the notification of layoff. Employees failing to do will be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise accepted 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. For purposes of Where the operation of clause an identicalEmployer finds !he ability required to perform the available work is equivalent among employees in different classifications, it will observe their bargaining unit-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 employee's straight time hourly wage rate. In the event that there are no employees with lesser wide seniority in the same or a lower or identical-paying classification, 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 making layoffs and where the straight-time hourly rate at the level of service corresponding to 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 a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and aboverecalls from layoff. An employee shall have opportunity of recall be recalled from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work openings before such opening is filled on a regular basis under a job posting procedure. The posting procedure in Such recall shall be on the collective agreement shall not apply until basis of his seniority provided he then has the recall process has been completeability to perform the work. In determining the Indeterminingthe ability of an employee to employeeto perform the work for the purposes of the paragraphs purposesof Paragraphs and above, the Hospital Employer 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 employee shall be hired until all those laid off have been given an opportunity to return to returnto work and have failed to the Employer of their intention to do so, in accordance with the loss of seniority provisionbelow, or have been found unable to perform the work available. The Hospital shall it is the sole responsibility of the employee who has been laid off to notify the employee Employer of recall opportunity his intentiin to return to work within five (5) working days (exclusive of Saturdays, Sundays and paid holidays) after being notifiedto do so by registered mail, addressed to the last address on record with the Hospital Employer (which notification shall be deemed to be have been received on the second day following the date of mailing). ) and to to work within ten (10)working days after being 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 Employer. Where the employee fails to notify the Employer or to return to work in with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of 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 that a layoff of on the day immediately following a paid holiday, an employee, the Hospital employee otherwise qualified for holiday pay shall pay its share of insured benefits premiums for the duration not be disentitled thereto solely because of the five-month notice period provided for in Article 9.08day on which the layoff commenced."

Appears in 1 contract

Samples: Collective Bargaining Agreement

and Recall. In the event of layoff, the Hospital shall lay off 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 in receipt of notice of who is subject to layoff pursuant shall have the right to mayeither: Note: 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 another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other than orientation. An Such 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 or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoffoff. For purposes of the operation of clause an identical-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 one percent (1%) of the laid off 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 classification, 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 at the level of service corresponding to 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 a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have 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 collective agreement Collective Agreement shall not apply until the recall process has been complete. 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 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 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 (IO10) 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

and Recall. An Where lay-offs are to be made, the Company shall determine what jobs are to be left vacant or abolished, and the number of employees to be laid off. When lay-offs are to be made, such lay-offs shall proceed in reverse order of Company seniority within those job classifications affected. Any employee in receipt of notice of scheduled for layoff pursuant to may: 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 another employee from one job classification who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to can meet the normal requirements qualifications of another job classification, as established by the jobCompany, may apply Company seniority and bump to such classification. The qualifications shall, amongst other relevant factors, include experience, skill, ability, and The qualifications shall be established in a bona fide, non-arbitrary and non- discriminatory manner. An employee so displaced who wishes to apply Company seniority and bump to another job classification, shall be deemed give notification of the same in writing 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 or her intention to do so and the position claimed Company within seven (7) calendar days after receiving the notice of layoff. 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 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 classification, as defined in this article, a laidlay-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 at the level of service corresponding to 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 a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have 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 collective agreement shall not apply until the recall process has notice having been complete. 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)received. The notification shall state the job classification to which the employee is eligible wishes to be recalled and bump. The right of an employee to bump as set out in Article shall include the date and right to bump to a part- time at which job classification, provided the employee shall report scheduled for work. The lay-off has at least as much seniority as the part-time employee is solely responsible for his or her proper address being on record with whom 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 seeks to displace. The employee wishing to bump must be able to meet the bargaining unit shall be laid off qualifications as established by reason of duties being assigned the Company. When seeking to one or more apply seniority to to part-time employees. In status, subject to meeting the event of a layoff qualifications as established by the Company, the off full-time employee may seek to apply seniority to available part-time hours to the extent as defined in Article The right of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for employee as set forth in Article 9.08shall only be available to a qualified employee who has elected to retain seniority rights. Such an employee shall not accumulate full time seniority while employed on a part-time basis pursuant to this Article. The Company shall provide layoff notice to an employee and the Union as follows: an employee who has less than one (1) year of seniority at time of lay off shall receive two (2) weeks notice, or pay in lieu thereof; or an employee with one (1) but less than five (5) years of seniority at time of lay off shall receive four (4) weeks notice, or pay in lieu thereof; or an employee with five (5) but less than ten (10) years of seniority at time of lay off shall receive five (5) weeks notice, or pay in lieu thereof; or an employee with ten or more years of seniority at time of lay off shall receive six (6) weeks notice, or pay in lieu thereof. The Company agrees that it will not consistently schedule overtime in an effort to bring about or extend a layoff."

Appears in 1 contract

Samples: Collective Bargaining Agreement

and Recall. In the event of lay-off, the Hospital shall lay 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 in receipt of notice of layoff pursuant who is subject to maylay-off shall have the right to either: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retirelay-off, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has lay-off can perform the ability to meet the normal requirements duties of the joblower or classification without training other than orientation. An Such 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 or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-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 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 classification, classifications as defined in this articleArticle, a laid-laid off employee shall will have the right to displace another an employee with lesser seniority seniority, who is the least senior employee in the a classification and where the straight-straight time hourly rate at the level of service corresponding to that of the laid off employee is within of the laid-laid off employee's straight-straight time hourly rate. An employee who is subject to layoff rate provided he can perform the duties without training other than a layoff orientation. Such employee so displaced shall be laid off. The decision of a permanent or long-term nature including a full time the employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with choose (a) or above, shall be given in writing to the designated hospital representative within ten working days (excluding Saturday, Sunday and aboveHolidays) 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 or she 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 collective agreement Collective Agreement shall not apply until the recall process has been completecompleted. 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."ARTICLE JOB SECURITY

Appears in 1 contract

Samples: Collective Agreement

and Recall. An employee In the event of lay-off, the Hospital shall lay-off employees in receipt of notice of layoff pursuant the reverse their seniority within their classification, provided that there remain on the job employees who then have the ability and qualifications to may: accept perform the layoff; or opt to receive a separation allowance as outlined work. Layoff and recall in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined full-time positions shall be separate and apart from those in Article or part-time positions. displace another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has lay-off can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other than orientation. An Such employee so displaced shall be deemed laid off. Employees shall have five (5) working days to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise make 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 displacement decision. Note: (7) days after receiving the notice of layoff. For purposes of the operation of clause above, an identical-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 employee's ’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 classification, as defined in this article, a laid-off .) An 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 at the level of service corresponding to 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 a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have 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 the lay-off 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 collective agreement Collective Agreement shall not apply until the recall process has been completecompleted. 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 into a different classification from which he or she was laid off an employee to a different section or floor shall have the privilege of returning to the position held prior to the layoff or displacement should it become vacant within six (6) months of being recalledtwelve months. 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 lay-off shall be given preference for temporary vacancies which are expected to exceed ten (IO10) 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 layofflay-off. No full-time employee within the bargaining unit shall be laid off by reason of her duties being assigned to one or more part-time employees. In Employees shall not be considered laid off if there is a reduction in their hours of work as long as the event reduction does not change the status of a the employee. The Hospital shall have the right to employees into vacancies in order to avoid layoffs and when employees are in receipt of layoff of an employee, notices. Employees shall not be considered laid off if they are reassigned to another position within the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for without interruption in Article 9.08their employment."

Appears in 1 contract

Samples: Collective Bargaining Agreement

and Recall. An employee in receipt of notice of layoff pursuant to may: 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 18.02; or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. 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 or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-paying classification shall classificationshall 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 employee's ’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 classification, 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 at the level of service corresponding to that of the employee is within of the laid-off employee's ’s straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have 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 collective agreement shall not apply until the recall process has been complete. 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 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 fivesix-month notice period provided for in Article 9.08."Retraining

Appears in 1 contract

Samples: Collective Agreement

and Recall. An employee in receipt of notice of who is subject to layoff pursuant shall have the right to mayeither: accept displace unit who has the layoff; least bargaining a lower 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 equal paying or displace another an employee who has lesser bargaining unit the least seniority in the same or a lower or an identical-paying identical classification in the bargaining unit any department if the employee originally subject to layoff has the skills, ability and qualifications to meet the normal requirements work in that and requires no training other than an period of the jobno more than five days. An Such employee so displaced shall be deemed to have been laid off and shall be entitled subject to notice his or her rights under this section. In even: there are no employees with lesser in accordance with Article An employee who chooses to exercise the lower or equal paying right to displace another an employee with lesser seniority shall advise seniority, who is the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification lease senior in a 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 employee's straight time hourly wage raterate provided he has the skills, ability and qualifications to perform the work in that position and requires no training other than an orientation period of no more than five working days. In the event that there are no employees with lesser seniority opt to receive a separation allowance as in the same or a lower or identical-paying classificationArticle and ; terms opt to retire, if eligible Hospital of Ontario as defined outlined in this article, a laid-off An 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 at the level of service corresponding to 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 a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have 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, seniority provided he or she has the ability to perform the work work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement Collective Agreement shall not apply until the recall process has been completeEmployees on shall be given preference for temporary vacancies which are expected to exceed ten working days. In determining An employee who has been recalled to temporary vacancy shall not be such recall and may instead be lay Employees given the ability of opportunity to be recalled a in the same classification from which were off. Employees may also a position within another an employee to shall not be recall and may instead perform the work for the purposes of the paragraphs above, the Hospital shall Articles not act in an arbitrary or o r 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 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 notify the Hospital of their do so, in accordance with the loss of seniority provisionbelow, or have been found unable to perform the work available. The Hospital shall is the responsibility of the employee who has been laid off to notify the employee Hospital of recall opportunity by his intention to return to work within five working days (exclusive Saturdays, Sundays _sal= holidays) after notified to registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be have been received on the second day following the date of mailing)) and to return to within ten working days after being notified. 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 Hospital. Where the employee fails to notify the Hospital his intention to return to work in accordance with the provisions of Article he shall lose all seniority and be deemed to have quit the employ of the Hospital. Employees In the event that a layoff commenced on layoff shall be given preference the day immediately following a paid holiday, an employee otherwise qualified for temporary vacancies which are expected to exceed ten (IO) working days. An employee who has been recalled to such temporary vacancy holiday pay shall not be required to accept such disentitled thereto solely because of the day on which the layoff commenced. A laid off employee shall retain the rights of recall and may instead remain on for a period of twenty-four months from the date of layoff. No full-time employee within agreement reached between the bargaining unit shall be laid off by reason Hospital and the Union concerning the method of duties being assigned to one or more part-time employeesimplementing layoffs will take precedence over other terms of layoff in the Agreement. In the event of a layoff lay-off of an a full-time employee, the Hospital shall pay its share of insured benefits premiums premium up to three months from the end of the month in which the lay-off occurs or until the laid off employee is employed elsewhere, which ever occurs Technological Change means the automation of equipment, or the mechanization or automation of operations, or the replacement of existing equipment or machinery with new equipment or machinery which results the employee from Where the has to a technological will the status of an employee within the unit, the Hospital undertakes to meet with Union to consider the minimizing of adverse effects (if any) upon the employees concerned. Where new or greater skills are required than are already possessed by affected employees 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 of tuition and travel. There shall be no wage or salary rates during the training of any such employee. Training shall be given during the hours of work wherever possible extend for up to six months. Employees with one or more years of continuous service who are to layoff under conditions referred above, be given notice of the impending change status at the in keeping with the as set out above and the legislation. Where a vacancy occurs in classification within the or a new position within the bargaining is established by the Hospital, such vacancy shall be posted by the Hospital for a period of sever. calendar days. The shall the qualifications, applications are posting period. department and shift. to be made in writing within the An employee may a written request for transfer by advising Hospital and filing a Request for Transfer Such requests will be considered as applications for posted vacancies as well as subsequent vacancies. Requests for transfer shall become active upon receipt and must be renewed during the of January of each year to remain so. of a Vacancies created the filling vacancy be for three and consideration for such subsequent will be given to employees in this who have a request for transfer on Employees shall be selected for under either Article or on the basis of their skill, ability, experience and qualifications. Where these factors are relatively equal the employees considered, seniority shall govern providing the successful applicant, if any, is qualified to perform the available work. judgement shall be made in a fair, impartial and consistent manner. The employees eligible for consideration shall be limited to those employees who have applied for the duration position in accordance with the Article and and selection shall be made in accordance with above. APPLICABLE TO FULL-TIME Temporary vacancies (full-time) which are not expected exceed sixty calendar days and vacancies to illness, accident, leaves of absence De filled at the discretion of the fiveHospital. In filling such vacancies consideration shall be all employees who have recorded their accordance with Article above, persons not employed by the In the criteria for shall apply. Employees selected to fill a vacancy under this article will continue to maintain full-month notice time or regular part-time status and of the assignment, the employee their former position. APPLICABLE TO PART-TIME Temporary (part-time) which are not expected exceed sixty calendar days and vacancies cause to illness, accident, leaves of absence may filled at the discretion of the Hospital. In filling such vacancies consideration shall be given part-time employees who have recorded interest in accordance with Article above, t o considering persons not employed by the Hospital. In considering such part-time employees the criteria for selection in shall apply. Regular part-time employees selected to fill a vacancy under this article continue to maintain their and upon completion of the assignment, employee will return to former position. Employees may be hired for a specified exceed six months, to replace an employee leave or to perform a special task. This term may be extended a further six months on mutual agreement of the Union, employee xxx Hospital. The period of employment of such persons will not exceed the absentee's leave. The release or discharge of such persons shall not be subject of a grievance or arbitration. Any agreements which extend an employee's term shall not result in the temporary employee becoming seniority rated. The release or discharge of such persons shall not be the subject of a grievance or arbitration. This clause would preclude such employees from using posting provision under the and any successful applicant who has his probation period will be credited the appropriate seniority. The w i l l to the employees selected to vacancies and the Union, the rise to the vacancy, and the special to such employment. The have the right to fill any vacancy an basis using bargaining unit members procedure or the Request for Transfer procedure provided herein has been complied arrangements have been made to assign the employee selected to fill the vacancy to the job. The Hospital will endeavour to place the successful the position as soon as possible. No may be filed concerning such arrangements. The successful shall be placed on a trial period for a period of thirty working days and if the employee proves satisfactory, then he shall be assigned to the vacancy. If the proves unsatisfactory during that time, or the employee feels he is unable to of the vacancy to which he is posted, the employee will be returned to his former position at former salary or rate of pay, as will any other employee in Article 9.08the bargaining unit who was promoted or transferred by reason of such placing. Newly hired employees shall be terminated an=?such terminations be subject to grievance and Successful applicants of permanent vacancies newly hired employees will not be apply for job or any subsequent outside their department, for a period of six months unless otherwise mutually agreed. An employee who is temporarily .assigned Hospital for one or more complete shifts, to a job classification within the bargaining unit where the wage is higher than that of the job classification to which the employee is regularly assigned, ne shall receive the next highest wage rate above his regular wage rate in the job classification to which he is temporarily assigned for all hours worked in the higher classification. The shall forward a copy of all job at :he of posting, to the President of the Union. In addition the Hospital agrees to President of the Local Union of the successful candidates to the job posting."

Appears in 1 contract

Samples: Collective Agreement

and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.122; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. 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 or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. 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 employee's ’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 classification, 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 at the level of service corresponding to that of the employee is within of the laid-off employee's ’s straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have 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 collective agreement shall not apply until the recall process has been complete. 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."posting

Appears in 1 contract

Samples: Collective Agreement

and Recall. An employee in receipt of notice of layoff lay-off pursuant to (a) (ii) may: accept the layoff; lay-off, 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 plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff lay-off has the ability to meet the normal requirements of the job. 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 or his/her intention to do so and the position claimed within seven (7) days after receiving the notice of layofflay-off. For purposes FNoortep: urposes of the operation of clause 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 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 classification, as defined in this article, a laid-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-straight time hourly rate at the level of service corresponding to that of the employee is within of the laid-laid off employee's straight-’s straight time hourly rate. An employee who is subject to layoff lay-off other than a layoff lay-off of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff lay-off or displace another employee in accordance with (a) and above. 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 or she 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 collective agreement Collective Agreement shall not apply until the recall process has been completecompleted. 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 or he/she was laid off shall have the privilege of returning to the position held prior to the layoff lay-off should it become vacant within six (6) months of being recalled. No new employees shall 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 the date and time at which the employee shall report for work. The employee is solely responsible for his or his/her proper address being on record with the Hospital. Employees on layoff 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 layofflay-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 layoff lay-off of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the fivesix-month notice period provided for in Article 9.08."Article

Appears in 1 contract

Samples: Collective Agreement

and Recall. 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 in receipt of notice of layoff pursuant to may: 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 another employee who has lesser bargaining unit seniority in not completed the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall probationary period will not 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. 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 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 classification, as defined in this article, a laidlay-off employee shall have under the right to displace another employee with lesser seniority who is of this Agreement. the least senior employee in the classification and where the straight-time hourly rate at the level scope of service corresponding to 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 a layoff of a permanent or long-term nature including a full time employee whose hours of work arethis Agreement, subject to Article reduced, shall have 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 collective agreement shall not apply until the recall process has been complete. 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 no new employees shall will be hired until all those laid employees who have been laid-off have been given an opportunity of and Recall In the event of a lay-off, employees will be laid-off in the reverse order of their seniority, within their own classification. In the event of a lay-off, employees will be given the opportunity, within the bargaining unit, to return to work and have failed to do so, in accordance bump any employee with the loss of less seniority provision, either within their program or have been found unable within their own facility providing they are able 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 HospitalEmployees so bumped may similarly exercise their rights as set out above. Employees on layoff lay-off shall be given preference for temporary vacancies which are expected recalled in the order of their seniority within classification, facility or former program on a bargaining unit wide basis, providing they able to exceed ten (IO) working daysperform the work available. An It is the responsibility of every employee who has been recalled to such temporary vacancy 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 required responsible for the failure of notice of recall to accept such recall and may instead remain on layoffthe employee. No fullNormally, upon being laid-time off, an employee within the bargaining unit shall be laid off by reason notified of duties being assigned to one or more part-time employees. his/her date of recall, In the event of a layoff of an employeethat this date is moved forward, the Hospital employee(s) shall pay its share of insured benefits premiums for be notified by registered mail with copies sent to the duration of the five-month notice period provided for in Article 9.08Union."

Appears in 1 contract

Samples: Collective Agreement

and Recall. An employee in receipt of notice of layoff pursuant to may: 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 18.02; or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification payingclassification in the bargaining unit if the ifthe employee originally subject to layoff has the ability to meet the normal requirements of the job. 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 or her intention to do so and the position claimed within seven (7) 71 days after receiving the notice of layoff. 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 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 classification, as defined in this article, a laid-off employee shall have the right to rightto displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to 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 a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have 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 collective agreement shall not apply until the recall process has been complete. 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

AutoNDA by SimpleDocs

and Recall. 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 in receipt of notice of who is subject to layoff pursuant shall have the right to mayeither: 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 another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other orientation. An Such employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article off. 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. For purposes of the operation of clause an identical-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 employeeemploy- 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 classification, classifications as defined in this articleArticle, a laid-laid off employee shall will have the right to displace another an employee with lesser seniority seniority, who is the least senior employee in the a classification and where the straight-straight time hourly rate at the level of service ice corresponding to that of the laid off employee is within of the laid-laid off employee's straight-straight time hourly rate. An employee who is subject to layoff rate provided he can perform the duties without training other than a layoff of a permanent or long-term nature including a full time orientation. Such employee whose hours of work are, subject to Article reduced, so dis- placed shall have the right to accept the layoff or displace another employee in accordance with (a) and abovebe laid off. 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 collective col- lective agreement shall not apply until the recall process proc- ess has been completecompleted. 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

and Recall. In the event of lay-off, the Hospital shall lay-off 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 in receipt of notice of layoff pursuant who is subject to may: lay-off shall have the right to either accept the layofflay-off; 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 another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-of identical paying classification in the bargaining unit if the employee originally subject to layoff has lay-off can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other than orientation. An Such 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 or her intention to do so and the position claimed within seven off. (7) days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-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 one percent of the laid off 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 classification, as defined in this article, a laid-off .) An 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 at the level of service corresponding to 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 a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have 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 lay-off 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 collective agreement shall not apply until the recall process has been completecompleted. 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 or she was laid off shall have the privilege of returning to the position he held prior to the layoff lay-off 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 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 or her proper address being on record with the Hospital. Employees on layoff 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 layofflay-off. No full-time employee “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 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 laid off 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 reason the new method of duties being assigned 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 partyears of continuous service who are subject to lay-time employees. In the event of a layoff of an employeeoff under conditions referred to above, the Hospital shall pay its share of insured benefits premiums for the duration will be given notice of the five-month notice period provided for impending change in Article 9.08employment 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. An employee in receipt In the event of notice of layoff pursuant to may: accept layoff, 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 another employee who has lesser bargaining unit seniority Home shall lay off employees in the same or a lower or an identical-paying classification in reverse order of their seniority within their classification, providing that there remain on the bargaining unit if the employee originally subject to layoff has job employees who then have the ability to meet perform the normal requirements of the job. 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 or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. 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 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 classification, 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 at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly ratework. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept displace an employee who has less bargaining unit seniority and who can the layoff or displace another duties without training other than orientation. Such employee so displaced shall be laid off. Full employees will bump in accordance with (a) and abovethe full time bargaining unit. An Part time employees will bump in the part time bargaining unit. If there are no full timepositions available to bump, a full time employee laid off may bump into a part time position based on their seniority. If there are no part time positions available to bump, a part time employee laid off may bump into a full time position based on their seniority. A full time employee shall have the opportunity of recall from a layoff to an available full time opening, in order of seniority, provided he or she has the ability to perform the work work, before such opening is filled on a regular basis under ajob posting procedure. A part time employee shall have the opportunity of recall lay off to an available part time 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 collective agreement shall not apply until the recall process has been complete. In determining the 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 and 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 he held prior to the layoff should it become vacant within six (6) months 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 or notice of layoff shall be given preference for temporary vacancies within their classification which are expected to exceed ten (IO10) 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-full time employee within the bargaining thebargaining unit shall be laid off by reason of duties being assigned to one or more part-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

and Recall. An employee In the event of lay-off, the Hospital shall lay-off employees the reverse order of their seniority within their classification, provided that there on the job employees who then have the ability and qualifications to perform the work. Layoff and recall in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined positions shall he separate and apart from those 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 part-time positions. displace another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has lay-off can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other orientation. 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 or her intention to do so and the position claimed within seven off. Such Note: (7) days after receiving the notice of layoff. For purposes of the operation of clause above, an identical-paying identical classification shall include any classification where the straight-time straight hourly wage rate at the level of service corresponding to 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 employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off .) An 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 at the level of service corresponding to 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 a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have 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 the lay-off 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 collective agreement Collective Agreement shall not apply until the recall process has been completecompleted. 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 has been laid off shall have the privilege of returning to the position he held prior to the layoff lay-off should it become vacant within six (6) months of being recalledrecalled to the different classification. 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 lay-off shall be given preference for temporary vacancies which are expected to exceed ten (IO10) 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 layofflay-off. No full-time employee within the bargaining unit shall be laid off by reason of her 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: Employment Agreement

and Recall. An employee in receipt of notice of layoff pursuant to may: 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 Hospitalsof Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit bargainingunit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of requirementsof the job. 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 exercisethe right to displace another displaceanother employee with lesser seniority lesserseniority shall advise the Hospital of his or her intention to intentionto do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where includeany classificationwhere the straight-time hourly wage hourlywage rate at the level of levelof service 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 employees with employeeswith lesser seniority in the inthe same or a lower or identical-paying classificationpayingclassification, 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 at the level of service corresponding to 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 a layoff of a permanent or long-term nature including a full time employee whose hours of hoursof work are, subject to Article reduced, shall have 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 collective agreement shall not apply until the recall process untilthe recallprocess has been complete. 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 recalled to recalledto work in a different classification from classificationfrom which he or she was laid off shall have the privilege of returning to 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 record with recordwith the Hospital (which notification shall 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 (IO10) working days. An employee who has been recalled to such temporary vacancy shall not be required to 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 five-month notice period provided for in Article 9.08."

Appears in 1 contract

Samples: Collective Agreement

and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.122; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. 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 or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. 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 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 classification, 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 at the level of service corresponding to 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 a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have 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 collective agreement shall not apply until the recall process has been complete. 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 fivesix-month notice period provided for in Article 9.08."

Appears in 1 contract

Samples: Collective Agreement

and Recall. An employee in receipt of notice of layoff pursuant to may: 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 another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. 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 or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. 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 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 classification, 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 at the level of service corresponding to 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 a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have 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 collective agreement shall not apply until the recall process has been complete. 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 fivesix-month notice period provided for in Article 9.08."

Appears in 1 contract

Samples: Collective Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!