Common use of and Recall Clause in Contracts

and Recall. The Employer 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 (8) weeks', notice in writing of her layoff in accordance with following schedule: Up to one (1) year service One (1) week's notice More than one (Iy)ear but less than three (3) years' service Two (2) weeks' notice weeks notice. provided the circumstances causing the layoff are not beyond the control of the Employer (i.e., fire, flood, Ministry requirement, etc.) Such notice will be handed to the employee and a signed acknowledgement 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. All employees who qualify under Article shall be recalled from a layoff to available openings before such opening is filled on a regular basis under the job posting procedure. In determiningthe ability of an employee to perform the work for the purposes of paragraph above, the Employer shall not act in an arbitrary or unfair manner. In the event of a lay-off, the Employer shall lay off employees in the reverse order of seniority provided that the employee has the skill, ability and qualifications necessary to perform the available work. Employees shall be recalled from lay-off to available openings in order of seniority providedthe employee has the skill, ability and qualifications to perform the available work. 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 Employer of their intention to do so, in accordance with below, or do not have the skill, ability and qualifications to immediately perform the available work. Prior to any general reduction in hours affecting all or a majority of employees, the Employer will consult with the Union to determine their preferences and suggestions as to laying employees off instead of reducing hours. An employee recalledto work in a different classification from which he was laid off shall have the privilege of returning to the position she held prior to the lay off should it become vacant within six (6) months of being recalled. It is the sole responsibility of the employee who has been laid off to notify the Employer of her intention to return to work within three (3) days (exclusive of Saturdays] Sundays and paid Holidays) after being notified to do so. Such notice may be 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). 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 her proper address being on record with the Employer.

and Recall. The Employer 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 (8) weeks', notice in writing of her layoff his lay-off in accordance with the following schedule: Up to one (1) year's service year service One (1) week's notice More than one (Iy)ear but less than three (3) years' service Two (2) 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 weeks notice. provided the circumstances causing the layoff are not beyond the control of the Employer (i.e., fire, flood, Ministry requirement, etc.) notice notice notice notice notice notice notice Such notice will be handed to the employee and a signed acknowledgement acknowledgment 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. All 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 qualify under Article 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 recalled 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 layoff lay-off to an available openings opening, in order of seniority, provided he has the ability to perform the work before such opening is filled on a regular basis under the 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 determiningthe determining the ability of an employee to perform the work for the purposes of paragraph Paragraph and above, the Employer Hospital shall not act in an arbitrary or unfair manner. In An employee recalled to work in a different classifica- tion from which he was laid off shall have the event privilege of a lay-off, returning to the Employer shall lay off employees in position he held prior to the reverse order of seniority provided that the employee has the skill, ability and qualifications necessary to perform the available work. Employees shall be recalled from lay-off to available openings in order should it become vacant within six months of seniority providedthe employee has the skill, ability and qualifications to perform the available workbeing 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 Employer Hospital of their intention to do so, in accordance accord- ance with below, or do not have the skill, ability and qualifications been found unable to immediately perform the available work. Prior to any general reduction in hours affecting all or a majority of employees, the Employer will consult with the Union to determine their preferences and suggestions as to laying employees off instead of reducing hours. An employee recalledto work in a different classification from which he was laid off shall have the privilege of returning to the position she held prior to the lay off should it become vacant within six (6) months of being recalledavailable. It is the sole responsibility of the employee who has been laid off to notify the Employer of her his intention to return to work within three (3) five working days (exclusive of Saturdays] , Sundays and paid Holidaysholidays) after being notified to do so. Such notice may be 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 to for work. The employee is solely responsible for her 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 Employer 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 (8) weeks', notice in writing of her his layoff in accordance with the following schedule: . Up to one (1) year year's service One (1) week's notice More than one (Iy)ear year but less than three (3) years' service Two (2) Three years' but less than years' service one week's notice two weeks' notice weeks notice. provided the circumstances causing the layoff are not beyond the control of the Employer (i.e., fire, flood, Ministry requirement, etc.) three weeks' notice Four years' but less than five years' service four weeks' notice Five years' but less than six years' service five weeks' notice Six years' but less than seven years' service six weeks' notice Seven years' but less than eight years' service seven weeks' notice Eight years' service or more eight weeks' notice Such notice will be handed to the employee and a signed acknowledgement requested employee on layoff and to a temporary 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 calendar notice of such layoff, and Meet with the Union through the Labour Management 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 cutback and employees to be laid off. In the 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 service, any realignment of 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 breakdown). 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 who is subject to layoff shall have the right to either: accept the layoff; or displace an employee who has lesser Bargaining Unit seniority and who is the least senior employee in a lower or identical paying classification in the Bargaining Unit if the employee is at work at originally subject to layoff can perform the time duties of the notice is ready for deliverylower or identical classification without training other than orientation. In the alternative] it Such employee so displaced shall be mailed by registered maillaid off subject to his or her rights under this section. All employees who qualify under Article The decision of the employee to choose (a) or above shall be recalled given, in writing, to the designated Hospital Representative within five 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 to recall from a layoff to an available openings opening, in order of seniority, provided he has the ability to perform the work, before such opening is filled on a regular basis under the a job posting procedure. In determiningthe ability of an employee to perform The posting procedure in the work for the purposes of paragraph above, the Employer Collective Agreement shall not act in an arbitrary or unfair manner. In apply until the event of a lay-off, the Employer shall lay off employees in the reverse order of seniority provided that the employee has the skill, ability and qualifications necessary to perform the available work. Employees shall be recalled from lay-off to available openings in order of seniority providedthe employee has the skill, ability and qualifications to perform the available work. 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 Employer of their intention to do so, in accordance with below, or do not have the skill, ability and qualifications to immediately perform the available work. Prior to any general reduction in hours affecting all or a majority of employees, the Employer will consult with the Union to determine their preferences and suggestions as to laying employees off instead of reducing hours. An employee recalledto work in a different classification from which he was laid off shall have the privilege of returning to the position she held prior to the lay off should it become vacant within six (6) months of being recalled. It is the sole responsibility of the employee who recall process has been laid off to notify the Employer of her intention to return to work within three (3) days (exclusive of Saturdays] Sundays and paid Holidays) after being notified to do so. Such notice may be 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). 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 her proper address being on record with the Employercompleted.

and Recall. The Employer 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 (8) weeks', notice in writing of her his layoff in accordance with the following schedule: Up to one (1) year year's service One (1) one week's notice More than one (Iy)ear One year but less than three (3) years' service Two (2) two weeks' notice weeks Three years' but less than years' service three weeks' notice but less than five years' service four weeks' Five years' but less than six years' service five weeks' notice Six years' but less than seven years' service six weeks' notice Seven years' but less than eight years' service seven weeks' notice Eight years' service or more eight weeks' notice. provided the circumstances causing the layoff are not beyond the control of the Employer (i.e., fire, flood, Ministry requirement, etc.) Such notice will be handed to the employee and a signed acknowledgement 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. All 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 ARTICLE LAYOFF AND RECALL: Provide the Union with no less than thirty calendar days' notice of such layoff, and Meet with the Union through the Labour Management 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 cutback and employees to be laid off. In the 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 service, any realignment of 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 breakdown). 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 qualify under Article then have the ability to perform the work. An employee who is subject to layoff shall have the right to either: accept the layoff; or displace an employee who has lesser Bargaining Unit seniority and who is the least senior employee in a lower or identical paying classification in the Bargaining Unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be recalled laid off subject to his or her rights under this section. The decision of the employee to choose (a) or above shall be given, in writing, to the designated Hospital Representative within five 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 layoff to an available openings opening, in order of seniority, provided he has the ability to perform the work, before such opening is filled on a regular basis under the a job posting procedure. In determiningthe ability of an employee to perform The posting procedure in the work for the purposes of paragraph above, the Employer Collective Agreement shall not act in an arbitrary or unfair manner. In until the event of a lay-off, the Employer shall lay off employees in the reverse order of seniority provided that the employee has the skill, ability and qualifications necessary to perform the available work. Employees shall be recalled from lay-off to available openings in order of seniority providedthe employee has the skill, ability and qualifications to perform the available work. 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 Employer of their intention to do so, in accordance with below, or do not have the skill, ability and qualifications to immediately perform the available work. Prior to any general reduction in hours affecting all or a majority of employees, the Employer will consult with the Union to determine their preferences and suggestions as to laying employees off instead of reducing hours. An employee recalledto work in a different classification from which he was laid off shall have the privilege of returning to the position she held prior to the lay off should it become vacant within six (6) months of being recalled. It is the sole responsibility of the employee who recall has been laid off to notify the Employer of her intention to return to work within three (3) days (exclusive of Saturdays] Sundays and paid Holidays) after being notified to do so. Such notice may be 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). 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 her proper address being on record with the Employercompleted.

and Recall. The Employer 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 (8) weeks', weeks notice in writing of her layoff his lay-off in accordance with the following schedule: Up to one (1) year service One (1) week's notice More than one (Iy)ear year but less than three (3) years' service Two (2) weeks' notice weeks notice. provided the circumstances causing the layoff are not beyond the control of the Employer (i.e., fire, flood, Ministry requirement, etc.) 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 service service or more- Such notice will be handed to the employee and a signed acknowledgement 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. All An employee on layoff and recalled to a temporary position shall not be entitled to 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' 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 event of a substantial bed 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 service or staff and its effect on in the bargaining unit. In all other cases of lay-off, the Hospital shall give each employee in the bargaining unit who has acquired seniority one notice provided, however, such notice shall not be required if the lay-off occurs because of emergencies (for example fire, act of God, power failure or equipment 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 qualify under Article 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 orientation. Such employee so displaced shall be recalled 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 opportunity of recall from a layoff off to an available openings opening in order of seniority, provided he has the ability to perform the work, before such opening is filled on a regular basis under 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 determiningthe determining the ability of an employee to perform the work for the purposes of paragraph Paragraphs and .OS above, the Employer shall not act in an arbitrary or unfair manner. In An employee recalled to work in a different classifica- tion from which he was laid off shall have the event privilege of a lay-off, returning to the Employer shall lay off employees in position he held prior to the reverse order of seniority provided that the employee has the skill, ability and qualifications necessary to perform the available work. Employees shall be recalled from lay-off to available openings in order should it become vacant within six months of seniority providedthe employee has the skill, ability and qualifications to perform the available workbeing 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 Employer Hospital of their intention to do so, in accordance i n accor- dance with below, or do not have the skill, ability and qualifications been found unable to immediately perform the available work. Prior to any general reduction in hours affecting all or a majority of employees, the Employer will consult with the Union to determine their preferences and suggestions as to laying employees off instead of reducing hours. An employee recalledto work in a different classification from which he was laid off shall have the privilege of returning to the position she held prior to the lay off should it become vacant within six (6) months of being recalledavailable. It is the sole responsibility of the employee who has been laid off to notify the Employer Hospital of her his intention to return to work within three (3) five working days (exclusive of Saturdays] , Sundays and paid Holidays) after being notified to do so. Such notice may be 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 noti- 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 to for work. The employee is solely responsible for her his proper address being on record with the EmployerHospital. Where the employee fails to notify the Hospital 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 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 lay-off commenced. A laid off employee shall retain the rights of recall for a period 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.