and Recall. In the event of a proposed layoff of a permanent or long-term nature, the Home will provide the Union with at least six (6) weeks notice. This notice is not in addition to required notice for individual employees. In the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with notice in accordance with the Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows: if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice (a) In the event of lay-off, the employer shall lay-off employees in the reverse order of their seniority within their classification, provided that there remain on the job employees who have the ability and qualifications as required by law to the work. accept the lay-off; or first bump an employee with less bargaining unit seniority within his or her bargaining unit (full- time or part-time) in lower or identical paying classification for which they are qualified, as required by law and can perform the duties of a lower or identical paying classification without training other than orientation. Chain bumping will be allowed with the understanding that an employee subject to layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process. 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 one percent (1%) of the laid off time hourly wage rate. In the event that there are no employees within the laid off employee's classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within of the laid off regularly scheduled hours within her classification. When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. It is understood and agreed that if a part-time employee bumps a full-time employee as part of the above-noted procedure, the part-time employee is accepting the full-time position only. the event that there are no employees in either bargaining unit with lesser seniority lower or identical paying classification as defined in this article, a laid-off employee will have the right to equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee's straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation. The decision of the employee to choose (I) or above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.
Appears in 1 contract
Samples: Collective Agreement
and Recall. In There shall be at least months notice to the Union in the event of a proposed layoff of a permanent or long-term naturenature or in the event of a substantial bed cutback which affects or could affect the bargaining unit, unless the notice of reduced funding from the Ministry to the Home will provide is given less than months from the Union with at least six (6) weeks notice. This end of the fiscal year, in which case the number of months notice is not required shall be that number of months from the end of the fiscal year that the notice from the Ministry was received but in addition to required notice for individual employeesno case shall be less than months. In the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with weeks notice for each year of service to a maximum of weeks, provided that the employee has more than months service. Employees with less than months service will be entitled to notice in accordance with the provisions of the Employment Standards Act. However, the Employment Standards A copy of any notice of layoff to an employee will be deemed to be amended to provide notice provided to the affected employee as follows: if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice
(a) Union at the same time. In the event of lay-offa layoff, the employer Home shall lay-off layoff employees in the reverse order of their seniority within their classificationclassification in the respective bargaining unit i.e., provided full-time or part-time, providing that there remain on the job employees who then have the ability and qualifications as required by law to perform the work. An employee who is subject to layoff shall have the right to either: accept the lay-off; layoff, or first bump displace an employee with who has less bargaining unit seniority within his or her bargaining unit (full- time or part-time) and who is the least senior employee in a lower or identical paying classification for which they are qualified, as required by law and in the bargaining unit if the employee originally subject to the layoff can perform the the- duties of a the lower or identical paying classification without training other than orientation. Chain bumping will Such employee so displaced shall be allowed with the understanding that an employee laid off subject to the layoff who chooses to bumpprocedure. A full time employee may displace a part time employee and vice versa, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) belowgiven reasonable orientation. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process. An Note an identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employee’s straight time hourly wage rate. In the event that there are no employees within the laid off employee's classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within of the laid off regularly scheduled hours within her classification. When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. It is understood and agreed that if a part-time employee bumps a full-time employee as part of the above-noted procedure, the part-time employee is accepting the full-time position only. the event that there are no employees in either bargaining unit with lesser seniority lower or identical paying classification classifications as defined in this articleArticle, a laid-laid off employee will have the right to equal to or displace an employee with less than seniority, who is the least senior employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee's ’s straight time hourly rate rated provided he or she is qualified for and can perform the duties without training other than orientation. Such employee so displaced shall be laid off subject to the layoff procedure. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided possesses the qualification and ability to perform the work before such opening is filled on a regular basis under the job posting procedure. The decision posting procedure shall not apply until the recall process has been completed. In determining the qualification and ability of an employee to perform the work for the purposes of the paragraphs above, the Home shall not act in an arbitrary or unfair manner. An employee recalled to choose (I) work in a different classification from which was laid off shall have the privilege of returning to the position held within two years of having been recalled. No new employee shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provisions, or above have been found unable to perform the work available. Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed working days. An employee who has- been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the layoff commenced In the event of layoff of a full-time employee, the Home shall pay its share of insured benefits premiums up to months from the end of the month in writing which the layoff occurs or until the laid off employee is employed elsewhere, whichever comes first. Seniority lists will be posted on the official Union Bulletin Board in the Home and a copy of the Seniority List will be supplied to the Administrator within three (3) days following Union Office and the notification Chairs of laythe Union. The Seniority List will be posted and revised semi-offannually on or before January and July of each year according to the records of the Home. Employees failing to do so Seniority as posted will be deemed to be final and binding and not subject to complaint unless such complaint is made within thirty (30) days from the first date of current posting. An employee shall lose all seniority and shall be deemed to have accepted quit the layemploy of the Home after is discharged for cause and the discharge is not revoked through the Grievance Procedure; tenders resignation in writing or quits the employ of the Employer; fails to report for work within days after being notified by the Employer following a lay off or fails to advise the Employer within five (5) days (exclusive of Saturdays, Sundays or paid holidays) of intention to report for work, pursuant to notification by registered mail addressed to the last address on record with the Home. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report to work. The employee is solely responsible for proper address being on record with the Home; is absent for five consecutive regularly scheduled shifts without providing proper notice of a reason satisfactory to the Employer. Any employee who is terminated in accordance with this provision will be advised by registered mail or equivalent and a copy of this notice will be sent to the Chairperson of the Bargaining Unit at the time. is laid off continuously for months or longer Where a Full-offtime employee transfers to the Part-time unit, or vice versa, in the same job classification, there will be no trial period. The employee will transfer at current wage rate.
Appears in 1 contract
Samples: Collective Agreement
and Recall. In the event of a proposed layoff of a permanent or long-term nature, the Home will provide the Union with at least six eight (6) 8) weeks notice. This notice is not in addition to required notice for individual employees. In the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with notice in accordance with the Employment Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows: if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice
(a) In the event of lay-off, the employer Employer shall first lay-off employees in the reverse order of their seniority within their classification, provided that there remain on the job employees who have the ability and qualifications as required by law skills to perform the work. An employee who is subject to lay-off shall have the right to either: accept the lay-off; or first bump an employee with less bargaining unit seniority within his or her bargaining unit (full- full-time or part-time) in a lower or identical paying classification for which they are qualified, as required by law and can perform the duties of a the lower or identical paying classification without training other than orientation. Chain bumping will be allowed with the understanding that an employee subject to layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process. 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 one percent (1%) of the laid off employees straight time hourly wage rate. In the event that there are no employees within the laid off employee's ’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within of the laid off employee’s regularly scheduled hours within her classification. When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. It is understood and agreed that if a part-time employee bumps a full-full- time employee as part of the above-noted procedure, the part-time employee is accepting the full-time position only. In the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classification classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee's ’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation. The decision of the employee to choose (I) or above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.
Appears in 1 contract
Samples: Collective Agreement
and Recall. In the event of a proposed layoff of a permanent or long-term nature, the Home will provide the Union with at least six eight (6) 8) weeks notice. This notice is not in addition to required notice for individual employees. In the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with notice in accordance with the Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows: if her service is greater than years weeks notice if her service is greater than I O years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice
(a) In the event of lay-off, the employer Employer shall first lay-off employees in the reverse order of their seniority within their classification, provided that there remain on the job employees who have the ability and qualifications as required by law skills to perform the work. An employee who is subject to lay-off shall have the right to either: accept the lay-off; or first bump an employee with less bargaining unit seniority within his or her bargaining unit (full- full-time or part-time) in a lower or identical paying classification for which they are qualified, as required by law and can perform the duties of a the lower or identical paying classification without training other than orientation. Chain bumping will be allowed with the understanding that an employee subject to layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process. 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 one percent (1%) of the laid off employee’s straight time hourly wage rate. In the event that there are no employees within the laid off employee's ’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within of the laid off employee’s regularly scheduled hours within her classification. When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. It is understood and agreed that if a part-time employee bumps a full-time employee as part of the above-noted procedure, the part-part- time employee is accepting the full-time position only. In the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classification classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee's ’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation. The decision of the employee to choose (I) or above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.
Appears in 1 contract
Samples: Collective Agreement
and Recall. In the event of a proposed layoff of a permanent or long-term nature, the Home will provide the Union with at least six eight (6) 8) weeks notice. This notice is not in addition to required notice for individual employees. In the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with notice in accordance with the Standards Act. Employment However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows: if her service is greater than years weeks notice if her service is greater than I O years weeks notice if her service is greater than years Iyears weeks notice if her service is greater than years weeks notice
(a) In the event of lay-off, the employer shall first lay-off employees in the reverse order of their seniority within their classification, provided that there remain on the job employees who have the ability and qualifications as required by law skills to perform the work. An employee who is subject to lay-off shall have the right to either: accept the lay-off; or first First bump an employee with less bargaining unit seniority within his or her bargaining unit (full- full-time or part-time) in a lower or identical paying classification for which they are qualified, as required by law and can perform the duties of a the lower or identical paying classification without training other than orientation. Chain bumping will be allowed with the understanding that an employee subject to layoff lay off who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off layoff at the outset of the process. 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 one percent (1%) 1 of the laid off employee’s straight time hourly wage rate. In the event that there are no employees within the laid off employee's ’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, off such employee may bump a less senior employee with greater regularly scheduled hours within of the laid off employee’s regularly scheduled hours within her classification. When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. It is understood and agreed that if a part-time employee bumps a full-time employee as part of the above-noted procedure, the part-part- time employee is accepting the full-time position only. In the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classification classifications as defined in this article, a laid-laid off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee's ’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation. The decision of the employee to choose (I) or above shall be given in writing to the Administrator within three (3) days 3)days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.
Appears in 1 contract
Samples: Collective Agreement
and Recall. In the event of a proposed layoff of a permanent or long-term nature, the Home will provide the Union with at least six eight (6) 8) weeks notice. This notice is not in addition to required notice for individual employees. In the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with notice in accordance with the Employment Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows: if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years Iyears weeks notice if her service is greater than years weeks notice
(a) In the event of lay-off, the employer Employer shall first lay-off employees in the reverse order of their seniority within their classification, provided that there remain on the job employees who have the ability and qualifications as required by law skills to perform the work. An employee who is subject to lay-off shall have the right to either: accept the lay-off; or first bump an employee with less bargaining unit seniority within his or her bargaining unit (full- full-time or part-time) in a lower or identical paying classification for which they are qualified, as required by law and can perform the duties of a the lower or identical paying classification without training other than orientation. Chain bumping will be allowed with the understanding that an employee subject to layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process. 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 one percent (1%) 1 of the laid off employees straight time hourly wage rate. In the event that there are no employees within the laid off employee's classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within of the laid off regularly scheduled hours within her classification. When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. It is understood and agreed that if a part-time employee bumps a full-time employee as part of the above-noted procedure, the part-time employee is accepting the full-time position only. the event that there are no employees in either bargaining unit with lesser seniority lower or identical paying classification as defined in this article, a laid-off employee will have the right to equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee's straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation. The decision of the employee to choose (I) or above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.
Appears in 1 contract
Samples: Collective Agreement
and Recall. In the event of a proposed layoff of a permanent or long-term nature, the Home will provide the Union with at least six eight (6) 8) weeks notice. This notice is not in addition to required notice for individual employees. In the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with notice in accordance with the Employment Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows: if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice
(a) In the event of lay-off, the employer Employer shall first lay-off employees in the reverse order of their seniority within their classification, provided that there remain on the job employees who have the ability and qualifications as required by law skills to perform the work. An employee who is subject to lay-off shall have the right to either: accept the lay-off; or first bump an employee with less bargaining unit seniority within his or her bargaining unit (full- full-time or part-time) in a lower or identical paying classification for which they are qualified, as required by law and can perform the performthe duties of a the lower or identical paying classification without training other than orientation. Chain bumping will be allowed with the understanding that understandingthat an employee subject to layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process. 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 one percent (1%) of the laid off employees straight time hourly wage rate. In the event that there are no employees within the laid off employee's ’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within of the laid off employee’s regularly scheduled hours within her classification. When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. It is understood and agreed that if a part-time employee bumps a full-full- time employee as part of the above-noted procedure, the part-time employee is accepting the full-time position only. In the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classification as classificationsas defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee's ’s straight time hourly rate provided he or she is qualified for and can perform the performthe duties without training other than orientation. The decision of the employee to choose (I) or above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off. An employee shall have opportunity of recall from a lay-off to an available opening, in order of seniority, provided she has the skills to performthe work. In determining the skills of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which she was laid off shall have the right of returning to the position she held prior to the lay-off should it become vacant within twelve (12) monthsof being recalled, if qualifications for the job have not changed. No new employees shall be hired until all those laid off have been given an opportunityto 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. It is the sole responsibilityof the employee who has been laid off to notifythe Employer of his intention to return to work within three (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received after the second day following the date of mailing) and return to work within ten (1O) 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 solely responsible for his proper address being on record with the Employer.
Appears in 1 contract
Samples: Collective Agreement
and Recall. In the event of a proposed layoff lay-off of a permanent or long-term nature, the Home will provide the Union with at least six (6) weeks notice. This notice is not in addition to required notice for individual employees. In the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with notice in accordance with the Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows: if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice
(a) notice In the event of lay-off, the employer shall lay-off employees in the reverse order of their seniority within their classification, provided that there remain on the job employees who have the ability and qualifications as required by law to perform the work. accept the lay-off; or first bump displace an employee with less who has lesser bargaining unit seniority within his or her bargaining unit (full- time or part-time) and who is the least senior employee in a lower or identical paying classification for which they are in the bargaining unit if the employee originally subject to lay-off is qualified, as required by law law, for and can perform the duties of a the lower or identical paying classification without training other than orientation. Chain bumping will Such employee so displaced shall be allowed with the understanding that an employee subject to layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process. An Note: identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employee’s straight time hourly wage rate. In the event that there are no employees within the laid off employee's classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within of the laid off regularly scheduled hours within her classification. When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. It is understood and agreed that if a part-time employee bumps a full-time employee as part of the above-noted procedure, the part-time employee is accepting the full-time position only. the event that there are no employees in either bargaining unit with lesser seniority lower or identical paying classification classifications as defined in this article, a laid-off employee will have the right to equal to or less than displace an employee with lesser seniority, who is the least senior employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee's straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation. Such employee so displaced shall be laid off. The decision of the employee to choose (I) or above shall be given in writing to the Administrator administrator within three (3) days one calendar week following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.
Appears in 1 contract
Samples: Collective Agreement
and Recall. In the event of a proposed layoff of a permanent or long-term nature, the Home will provide the Union with at least six (6) weeks notice. This notice is not in addition to required notice for individual employees. In the event of a layoff lay-off of a permanent or long-term nature, the Home will provide affected employees with notice in accordance with the Employment Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows: if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice
(a) notice In the event of lay-off, the employer Employer shall first lay-off employees in the reverse order of their seniority within their classification, provided that there remain on the job employees who have the ability and qualifications as required by law to perform the work. accept the lay-off; or first bump an employee with less bargaining unit seniority within his or her bargaining unit (full- time or part-time) in a lower or identical paying classification for which they are qualified, as required by law and can perform the duties of a the lower or identical paying classification without training other than orientation. Chain bumping will be allowed with the understanding that an employee subject to layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process. 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 one percent (1%) of the laid off employee’s straight time hourly wage rate. In the event that there are no employees within the laid off employee's classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within of the laid off regularly scheduled hours within her classification. When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. It is understood and agreed that if a part-time employee bumps a full-time employee as part of the above-noted procedure, the part-time employee is accepting the full-time position only. the event that there are no employees in either bargaining unit with lesser seniority lower or identical paying classification as defined in this article, a laid-off employee will have the right to equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee's straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation. The decision of the employee to choose (I) or above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.
Appears in 1 contract
Samples: Collective Agreement