Common use of and Recall Clause in Contracts

and Recall. The Hospital shall give each employee in the bargaining unit who has acquired seniority and who is to be laid off for a period of more than eight weeks, notice in writing of his lay-off in accordance with the following schedule: Up to one year's service year but less than years' service years but less than years' service years but less than years' service years but less than years' service years but less than years' service years but less than years' service years' service or more one week's two weeks three weeks' four weeks' five weeks' six weeks' seven weeks' eight weeks' notice notice notice notice notice notice notice notice Such notice will be handed to the employee and a signed acknowledgment requested if the employee is at work at the time the notice is ready for delivery. In the alternative it shall be mailed by registered mail. An employee on layoff and recalled to a temporary position shall not be entitled to further notice of layoff. In the event of a proposed layoff of more than eight weeks' duration, the Hospital will: Provide the Union with no less than thirty calen- dar days notice of such layoff, and Meet with the Union through the Labour Management Com- mittee to review the following: the reason causing the layoff the service the Hospital will undertake after the layoff the method of implementation including the areas of cut-back and employees to be laid off. In the case of a substantial bed cut-back or cut-back in service, the Hospital will provide the Union with reasonable notice. If requested, the Hospital will meet with the Union through the Labour Management Committee to review the reasons and expected duration of the bed cut-back or cut-back in ser- vice, any realignment of the service or staff and its effect on employees in the bargaining unit. In all other cases of layoff, the Hospital shall give each employee in the bargaining unit who has acquired seniority one week's notice provided however, such notice shall not be required if the layoff occurs because of emergencies (for example, fire, act of God, power failure or equipment break- down). In the event of lay-off, the Hospital shall lay-off employees in the reverse order of their seniority within their classifications; providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject to lay-off shall have the right to either: accept the lay off or; displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bar- gaining unit if the employee originally subject to lay off can perform the duties of the lower or identical classification without training other than orienta- tion. Such employee so displaced shall be laid off subject to his or her rights under this section. The decision of the employee to choose or above shall be given in writing to the designated Hospital representa- tive within five ( 5 ) working days (excluding Saturday, Sunday and Holidays) following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. An employee shall have the opportunity of recall from a lay-off to an available opening, in order of seniority, provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. In determining the ability of an employee to perform the work for the purposes of Paragraph and above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classifica- tion from which he was laid off shall have the privilege of returning to the position he held prior to the lay-off should it become vacant within six months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Hospital of their intention to do so, in accord- ance with below, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the Employer of his intention to return to work within five 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 on the second day following the date of mailing) and to return to work 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 proper address being on record with the Employer. Where the employee fails to notify the Hospital or to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Hospital. In the event that a layoff commenced on the day immedi- ately 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. A laid off employee shall retain the rights of recall for a period of eighteen months from the date of lay-off. Any agreement reached between the Hospital and the Union concerning the method of implementing layoffs will take prece- dence over other terms of layoff in this Agreement.

and Recall. The Hospital shall give each employee in the bargaining unit Bargaining Unit who has acquired seniority and who is to be laid off for a period of more than eight weeks, notice in writing of his lay-off layoff in accordance with the following schedule: Up to one year's service one week's notice One year but less than three years' service two weeks' notice Three years' but less than years' service years three weeks' notice but less than five years' service years four weeks' Five years' but less than six years' service years five weeks' notice Six years' but less than seven years' service years six weeks' notice Seven years' but less than eight years' service years but less than yearsseven weeks' service notice Eight years' service or more one week's two weeks three weeks' four weeks' five weeks' six weeks' seven weeks' eight weeks' notice notice notice notice notice notice notice notice notice. Such notice will be handed to the employee and a signed acknowledgment acknowledgement requested if the employee is at work at the time the notice is ready for delivery. In the alternative alternative, it shall be mailed by registered mail. An employee on layoff and recalled to a temporary position shall not be entitled to further notice of layoff. In the event of a proposed layoff of more than eight weeks' duration, the Hospital willARTICLE LAYOFF AND RECALL: Provide the Union with no less than thirty calen- dar days calendar days' notice of such layoff, and Meet with the Union through the Labour Management Com- mittee Committee to review the following: the reason causing the layoff ii) the service the Hospital will undertake after the layoff iii) the method of implementation including the areas of cut-back cutback and employees to be laid off. In the case event of a substantial bed cut-back or cut-back in service, the Hospital will provide the Union with reasonable notice. If requested, the Hospital will meet with the Union through the Labour Management Committee to review the reasons and expected duration of the bed cut-back or cut-back in ser- viceservice, any realignment of the service or staff and its effect on employees in the bargaining unitBargaining Unit. In all other cases of layoff, the Hospital shall give each employee in the bargaining unit Bargaining Unit who has acquired seniority one week's notice provided however, such notice shall not be required if the layoff occurs because of emergencies (for example, fire, act of God, power failure or equipment break- downbreakdown). In the event of lay-offlayoff, the Hospital shall lay-lay off employees in the reverse order of their seniority within their classificationsclassification; providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject to lay-off layoff shall have the right to either: accept the lay off orlayoff; or displace an employee who has lesser bargaining unit Bargaining Unit seniority and who is the least senior employee in a lower or identical paying classification in the bar- gaining unit Bargaining Unit if the employee originally subject to lay off layoff can perform the duties of the lower or identical classification without training other than orienta- tionorientation. Such employee so displaced shall be laid off subject to his or her rights under this section. The decision of the employee to choose (a) or above shall be given given, in writing writing, to the designated Hospital representa- tive Representative within five ( 5 ) working days (excluding Saturday, Sunday and Holidays) following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. An employee shall have the opportunity of recall from a lay-off layoff to an available opening, in order of seniority, provided he 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 shall not apply until the recall process has been completed. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. In determining the ability of an employee to perform the work for the purposes of Paragraph and above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classifica- tion from which he was laid off shall have the privilege of returning to the position he held prior to the lay-off should it become vacant within six months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Hospital of their intention to do so, in accord- ance with below, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the Employer of his intention to return to work within five 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 on the second day following the date of mailing) and to return to work 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 proper address being on record with the Employer. Where the employee fails to notify the Hospital or to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Hospital. In the event that a layoff commenced on the day immedi- ately 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. A laid off employee shall retain the rights of recall for a period of eighteen months from the date of lay-off. Any agreement reached between the Hospital and the Union concerning the method of implementing layoffs will take prece- dence over other terms of layoff in this Agreement.

and Recall. The Hospital shall give each employee in the bargaining unit who has acquired seniority and who is to be laid off for a period of more than eight weeks, weeks notice in writing of his lay-off in accordance with the following schedule: Up to one yearservice week's service notice year but less than years' service weeks' notice years but less than years' service weeks' notice years but less than years's service weeks' notice years but less than years' service weeks' notice years but less than years' service weeks' notice years but less than years' service years but less than years' service years' service or more one week's two weeks three weeks' four weeks' five weeks' six weeks' seven weeks' eight weeks' notice notice notice notice notice notice notice notice more- Such notice will be handed to the employee and a signed acknowledgment acknowledgement requested if the employee is at work at the time the notice is ready for delivery. In the alternative alternative, it shall be mailed by registered mail. An employee on layoff and recalled to a temporary position shall not be entitled to further notice of layoff. In the event of a proposed layoff of more than eight weeks' duration, the Hospital will: Provide the Union with no less than thirty (30) calen- dar days days' notice of such layoff, and Meet meet with the Union through the Labour Management Com- mittee to review the following: the reason causing the layoff the service the Hospital will undertake after the layoff the method of implementation including the areas of cut-back and employees to be laid off. In the case event of a substantial bed cut-back or cut-back in service, the Hospital will provide the Union with reasonable notice. If requested, the Hospital will meet with the Union through the Labour Management Committee to review the reasons and expected duration of the bed cut-back or cut-back in ser- vice, any realignment of the service or staff and its effect on employees in the bargaining unit. In all other cases of layofflay-off, the Hospital shall give each employee in the bargaining unit who has acquired seniority one week's notice provided provided, however, such notice shall not be required if the layoff lay-off occurs because of emergencies (for example, example fire, act of God, power failure or equipment break- down). In the event of lay-off, the Hospital shall lay-lay off employees in the reverse order of their seniority within their classificationsclassification; providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject to lay-off shall have the right to either: accept Accept the lay lay-off or; displace : Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bar- gaining unit if the employee originally subject to lay lay-off can perform the duties of the lower or identical classification without training other than orienta- tionorientation. Such employee so displaced shall be laid off subject to his or her rights under this section. The decision of the employee to choose or above shall be given in writing to the designated Hospital representa- tive within five ( 5 ) working days (excluding Saturday, Sunday and Holidays) following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. An employee shall have the opportunity of recall from a lay-off to an available opening, opening in order of seniority, provided he has the ability to perform the work work, before such opening is filled on a regular basis under a the job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. In determining the ability of an employee to perform the work for the purposes of Paragraph Paragraphs and .OS above, the Hospital Employer shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classifica- tion from which he was laid off shall have the privilege of returning to the position he held prior to the lay-off should it become vacant within six months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Hospital of their intention to do so, in accord- ance i n accor- dance with below, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the Employer Hospital of his intention to return to work within five working days (exclusive of Saturdays, Sundays and paid holidaysHolidays) after being notified to do so by registered mail, addressed to the last address on record with the Employer Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten working days after being notifiednoti- fied. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the EmployerHospital. Where the employee fails to notify the Hospital or of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Hospital. In the event that a layoff lay-off commenced on the day immedi- ately 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 lay-off commenced. A laid off employee shall retain the rights of recall for a period of eighteen months from the date of lay-off. 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. Any agreement reached between the Hospital and the Union concerning the method of implementing layoffs will take prece- dence over other terms of layoff in this Agreement.

and Recall. The Hospital shall give each employee in the bargaining unit Bargaining Unit who has acquired seniority and who is to be laid off for a period of more than eight weeks, notice in writing of his lay-off layoff in accordance with the following schedule: . Up to one year's service One year but less than three years' service Three years' but less than years' service years one week's notice two weeks' notice three weeks' notice Four years' but less than five years' service years four weeks' notice Five years' but less than six years' service years five weeks' notice Six years' but less than seven years' service years six weeks' notice Seven years' but less than eight years' service years but less than yearsseven weeks' service notice Eight years' service or more one week's two weeks three weeks' four weeks' five weeks' six weeks' seven weeks' eight weeks' notice notice notice notice notice notice notice notice Such notice will be handed to the employee and a signed acknowledgment requested if the employee is at work at the time the notice is ready for delivery. In the alternative it shall be mailed by registered mail. An acknowledgement employee on layoff and recalled to a temporary position shall not be entitled to further notice of layoff. In the event of a proposed layoff of more than eight weeks' duration, the Hospital will: ARTICLE LAYOFF AND RECALL: Provide the Union with no less than thirty calen- dar days calendar notice of such layoff, and Meet with the Union through the Labour Management Com- mittee Committee to review the following: the reason causing the layoff ii) the service the Hospital will undertake after the layoff iii) the method of implementation including the areas of cut-back cutback and employees to be laid off. In the case event of a substantial bed cut-back or cut-back in service, the Hospital will provide the Union with reasonable notice. If requested, the Hospital will meet with the Union through the Labour Management Committee to review the reasons and expected duration of the bed cut-back or cut-back in ser- viceservice, any realignment of the service or staff and its effect on employees in the bargaining unitBargaining Unit. In all other cases of layoff, the Hospital shall give each employee in the bargaining unit Bargaining Unit who has acquired seniority one week's notice provided however, such notice shall not be required if the layoff occurs because of emergencies (for example, fire, act of God, power failure or equipment break- downbreakdown). In the event of lay-offlayoff, the Hospital shall lay-lay off employees in the reverse order of their seniority within their classificationsclassification; providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject to lay-off layoff shall have the right to either: accept the lay off orlayoff; or displace an employee who has lesser bargaining unit Bargaining Unit seniority and who is the least senior employee in a lower or identical paying classification in the bar- gaining unit Bargaining Unit if the employee originally subject to lay off layoff can perform the duties of the lower or identical classification without training other than orienta- tionorientation. Such employee so displaced shall be laid off subject to his or her rights under this section. The decision of the employee to choose (a) or above shall be given given, in writing writing, to the designated Hospital representa- tive Representative within five ( 5 ) working days (excluding Saturday, Sunday and Holidays) following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. An employee shall have the opportunity of to recall from a lay-off layoff to an available opening, in order of seniority, provided he 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 shall not apply until the recall process has been completed. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. In determining the ability of an employee to perform the work for the purposes of Paragraph and above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classifica- tion from which he was laid off shall have the privilege of returning to the position he held prior to the lay-off should it become vacant within six months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Hospital of their intention to do so, in accord- ance with below, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the Employer of his intention to return to work within five 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 on the second day following the date of mailing) and to return to work 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 proper address being on record with the Employer. Where the employee fails to notify the Hospital or to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Hospital. In the event that a layoff commenced on the day immedi- ately 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. A laid off employee shall retain the rights of recall for a period of eighteen months from the date of lay-off. Any agreement reached between the Hospital and the Union concerning the method of implementing layoffs will take prece- dence over other terms of layoff in this Agreement.