Common use of Continued Clause in Contracts

Continued. An employee shall have the 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 complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he was laid off shall have the privilege of to the position he held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job the employee is eligible to be recalled to and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed fourteen (14) calendar days. An employee who has been recalled to such temporary vacancy shall not be requiredto accept such recall and may instead remain on lay-off. Article paragraphs and of the Collective Agreement, it is understood that a full-time employee can only displace another full time employee who has less seniority and who is the least senior full time employee in an identical or lower paying classification and that whose job the originally displaced employee can perform and that a part time employee can only displace another part time employee who has less seniority and who is the least senior part time employee in an identical or lower paying classification and who job originally displaced part time employee can perform. Furthermore, a full time employee shall have the opportunity of recall from a layoff to an available opening in a full time position only in the order of seniority, provided that employee has the ability to perform the work and a part time employee shall have the opportunity of recall from a layoff to an available opening in a part time position only in order of seniority provided the employee has the ability to perform the work. These recall opportunities will be made available before openings are filled on a regular basis under the job posting procedure and the posting procedure in the Collective Agreement shall not apply until the recall process is complete.

Continued. An employee 34.4 When a vacancy occurs, an Employee who meets the qualifications of the posted position and who has applied via the intranet or internet will be considered based on but not limited to the following factors: Employee evaluations Work experience Training Skills assessment Interview Seniority The determination of whether the Employee’s overall qualifications are equal shall have be made exclusively by the District and the decision shall not be subject to the arbitration and grievance procedure of recall from this Agreement. 34.5 Employees who successfully bid into a lay-off new position shall be given thirty (30) full days which the Employee actually works during a trial period in which to an available opening, in order of seniority, provided he has the demonstrate their ability to perform the work before essential functions of the new position. An Employee will be placed at the rate of the new position. If the Employee does not successfully complete such opening is filled on thirty (30) working day trial period, the District shall initially conduct a regular basis under a job posting procedure. The posting procedure in conference with the collective agreement shall not apply until Association representative and the recall process has been complete. In determining impacted Employee to go over the ability of an employee to perform the work reasons for the purposes decision of the paragraphs aboveDistrict. Following the conference, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he was laid off District shall have the privilege of option to return the Employee to the Employee's prior position. The District may thereupon accept the next senior bidder consistent with Article 34 herein. In the event there are no qualified bidders for the vacancy, then the District may fill the vacancy with a new hire. 34.6 A vacancy shall not exist in a position he held prior from which an Employee transferred for such thirty (30) working day time period as set forth herein. Thus, the District may fill the position for such thirty (30) working day time period as it deems fit without any posting requirements, which could include the engagement of a new hire; provided, however, that the District will open the position up for bid if the transferred employee successfully completes the trial period. 34.7 With respect to every vacancy under the lay-off should it become vacant within six (6) months terms of being recalled. No new employees this Agreement, there shall be hired until all only four (four) permissible bids ( four movements of position) as the result of the vacancies and subsequent vacancies that may flow therefrom. In the event that there are more than four bids or movements necessary, those laid off Employees impacted shall not have been given an opportunity to return to work and have failed to do so, any bidding rights in accordance with the loss terms of seniority provisionthis Agreement. 34.8 Any Employee who fails to report to work as required without good cause or who fails to return from an approved leave of absence as required, or without good cause, shall be considered to have been found unable to perform voluntarily resigned from the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record District and a vacancy/opening will be created in accordance with the Hospital (which notification shall be deemed to be received on terms and provisions of this article. Neither the second day following the date of mailing). The notification shall state the job the employee is eligible to be recalled to and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed fourteen (14) calendar days. An employee Employee who has been recalled deemed to such temporary vacancy shall not be requiredto accept such recall and may instead remain on lay-off. Article paragraphs and of have resigned nor the Collective Agreement, it is understood that a full-time employee can only displace another full time employee who has less seniority and who is the least senior full time employee in an identical or lower paying classification and that whose job the originally displaced employee can perform and that a part time employee can only displace another part time employee who has less seniority and who is the least senior part time employee in an identical or lower paying classification and who job originally displaced part time employee can perform. Furthermore, a full time employee Association shall have a right to grieve or arbitrate the opportunity of recall from a layoff to an available opening decision that the Employee has voluntarily resigned either in a full time position only in the order of seniority, provided way that employee has the ability to perform the work and a part time employee shall have the opportunity of recall from a layoff to an available opening in a part time position only in order of seniority provided the employee has the ability to perform the work. These recall opportunities will be made available before openings are filled on a regular basis is untimely under the job posting procedure and grievance provisions herein nor once the posting procedure in the Collective Agreement shall not apply until the recall process is completeSchool District has hired a replacement.

Continued. An employee shall (d) If availability changes subsequent to the submission of the timesheet, it is the responsibility of the Part-Time paramedic to notify the Employer at least forty- eight (48) hours in advance of the dates in question. (e) Refusal is defined as a Part-Time paramedic turning down a shift in which they have indicated they are available, and a phone call was made and no response back from the Part-Time staff as per timeframes referenced in Process for Employee Call In and Part-Time Scheduling Letter of recall from a layUnderstanding. (f) A Part-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 Time paramedic shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work refuse more than two (2) shifts for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work which they have indicated their availability in a different classification from which he was laid off shall have the privilege of to the position he held prior to the lay-off should it become vacant within rolling six (6) months of being recalledweek period. No new employees Should this occur the employee shall be hired until all those laid off required to attend a meeting with the Employer within ten (10) days and unless there is a reason acceptable to the Employer they shall be deemed to resign. The Employee will not be assigned any further shifts within that ten (10) day period awaiting that meeting. If the Employee does not meet with the Employer in this ten (10) day then the deemed resignation is automatic. An employee may be required to produce a certificate from a duly qualified medical practitioner should illness be given as the reason for the refusal. (g) In the event a Part-Time employee has not worked a shift in three (3) consecutive months, the Employer will request via registered letter the employee's confirmation of their desire to continue employment with the Employer or their written resignation. If the Employer does not receive a response from the employee within one (1) month of written request/communication, the employee will be deemed to have been given resigned. If the employee expresses a desire to continue employment as above, however, does not work a shift in the subsequent three (3) consecutive months, the Employee will be deemed to have resigned, unless on an opportunity to return to work approved leave of absence. This time period may be extended based on exceptional circumstances and have failed to do so, mutual agreement of the parties. (h) Part-Time paramedics may be deployed at the sole discretion of the Employer in accordance with operational requirements and in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job the employee is eligible to be recalled to and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed fourteen (14) calendar days. An employee who has been recalled to such temporary vacancy shall not be requiredto accept such recall and may instead remain on lay-off. Article paragraphs and of the Collective Agreement, it is understood that a full. (i) Part-time employee can only displace another full time employee who has less seniority and who is the least senior full time employee in an identical or lower paying classification and that whose job the originally displaced employee can perform and that a part time employee can only displace another part time employee who has less seniority and who is the least senior part time employee in an identical or lower paying classification and who job originally displaced part time employee can perform. Furthermore, a full time employee Time paramedics shall have the opportunity option of recall from a layoff to an available opening accepting or declining shifts once they have accumulated eight-four (84) hours in a full time position only in the order pay period. (j) The maximum availability that can be provided within a twenty-four (24) hour period will count as two (2) shifts worth of seniority, provided that employee has the ability to perform the work and a part time employee shall have the opportunity of recall from a layoff to an available opening in a part time position only in order of seniority provided the employee has the ability to perform the workavailability only. These recall opportunities A day shift will be made available before openings are filled on defined as shift with a regular basis under the job posting procedure scheduled start time between 0630 and the posting procedure in the Collective Agreement shall not apply until the recall process is complete1200 hours. A night shift will be defined as a shift with a scheduled start time between 1900 and 2200 hours.

Continued. (ii) An employee shall have the 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 selected for a regular basis under status position as a job posting procedure. The posting procedure in the collective agreement shall result of a posted vacancy need not apply until the recall process has been complete. In determining the ability be considered for a further vacancy for a period of an employee up to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he was laid off shall have the privilege of to the position he held prior to the lay-off should it become vacant within six (6) months from the date of being recalledher selection. No new Where an application is given consideration it will be by mutual consent of the Employer and the Union. (iii) Employees who are unsuccessful will be notified in writing within five (5) working days from the date of acceptance by the successful candidate. All employees shall have the option to debrief with the hiring manager upon request. 11.04 Employees promoted or transferred to positions outside of the bargaining unit may be hired until returned to their former job and wage rate within sixty (60) days. Any other employees promoted or transferred because of the initial promotion or transfer of the employee outside of the bargaining unit will also be returned to their former job and wage rate. Employees who are so returned to their former job in the bargaining unit will retain their original seniority. 11.05 Prior to filling additional hours by employees outside the program team, the Employer will provide all those laid off have been given qualified regular status employees with an opportunity to return to work and have failed to do so, express interest in accordance with such hours through a standing request form available on the loss Staff Website. 11.06 Where a temporary vacancy occurs for a period of seniority provision, six (6) months or have been found unable to perform longer the work availablevacancy shall be posted. The Hospital shall notify first vacancy that occurs as a result of an employee accepting the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification original term assignment shall be deemed to posted for seven (7) working days. Any resulting vacancy (vacancies) shall not be received on the second day following the date of mailing)posted. The notification status of employees working in temporary vacancies shall state change to reflect the job status of the employee is eligible to be recalled to and vacancy, including applicable wage rate for the date and time at which period of the vacancy. At the end of the temporary assignment, the employee shall report be returned to her former status, position and applicable wage rate subject to any changes to the employee’s status, position or wage rate which would have occurred had they not taken the temporary assignment/position. 11.07 Regular employees filling term or temporary positions may not apply for work. The employee is solely responsible for his proper address being on record with other term/temporary assignments prior to the Hospital. Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed fourteen (14) calendar days. An employee who has been recalled to such temporary vacancy shall not be requiredto accept such recall and may instead remain on lay-off. Article paragraphs and expiration of the Collective Agreement, it is understood that a full-time employee can only displace another full time employee who has less seniority and who is the least senior full time employee in an identical current term or lower paying classification and that whose job the originally displaced employee can perform and that a part time employee can only displace another part time employee who has less seniority and who is the least senior part time employee in an identical temporary assignment. Casual employees filling term or lower paying classification and who job originally displaced part time employee can perform. Furthermore, a full time employee shall have the opportunity of recall from a layoff to an available opening in a full time position only in the order of seniority, provided that employee has the ability to perform the work and a part time employee shall have the opportunity of recall from a layoff to an available opening in a part time position only in order of seniority provided the employee has the ability to perform the work. These recall opportunities will be made available before openings are filled on a regular basis under the job posting procedure and the posting procedure in the Collective Agreement shall temporary assignments may not apply until for other term or temporary assignments which begin before the recall process is completeexpiration of the current term or temporary assignment.

Continued. (h) The Parties recognize that this language may be amended by legislation. An employee on Pregnancy Leave or Parental Leave, as provided under this Agreement, who is in receipt of Employment Insurance pregnancy and/or parental benefits pursuant to Section 18 of the Employment Insurance Act, as amended, shall have be paid a supplemental employment benefit. That benefit will be equivalent to the difference between eighty-five percent (85%) of recall from the employee's regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings. Such payment shall commence following completion of the one (1) week Employment Insurance waiting period and receipt by the Employer of the employee's Employment Insurance cheque stub as proof that she is in receipt of such benefits to a lay-off maximum of fifteen (15) weeks for Pregnancy Leave and eleven (11) weeks for Parental Leave. If an employee elects to an available openingreceive Employment Insurance Benefits over a period of time greater than twelve (12)months, in order the supplemental employment benefit paid to the employee over this period will be calculated as if the employee elected to receive her Employment Insurance benefits for twelve (12) month period. (i) Employees shall be allowed five (5) continuous days paid paternity leave of seniorityabsence contiguous to the birth of a child or the return home of the mother. 18.08 Employees may attend such conventions, provided he has conferences and education courses as are approved by the ability Employer. Employees authorized to perform attend mandatory professional development or continuing education shall be reimbursed for all approved expenses associated with such attendance, including accommodation (single occupancy if requested). If travel or attendance falls outside the normal hours of work, the employee shall be entitled to compensation, flex or lieu time. Employees who attend elective professional development or continuing education who are approved to travel during normal work before hours for health and safety reasons shall do so without loss of pay. All other time spent travelling on regular work hours shall be coded as use of banked flex, lieu or vacation time. Approved expenses associated with such opening is filled on a regular basis under a job posting procedureattendance shall be reimbursed. The posting procedure in Any internet usage, not covered by the collective agreement shall not apply until hotel and required by the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs aboveemployer while away from work at a conference, the Hospital shall not act in an arbitrary course, workshop or unfair manner. An employee recalled to work in a different classification from which he was laid off shall have the privilege of to the position he held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees convention 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 paid for by the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job the employee is eligible to be recalled to and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed fourteen (14) calendar days. An employee who has been recalled to such temporary vacancy shall not be requiredto accept such recall and may instead remain on lay-off. Article paragraphs and of the Collective Agreement, it is understood that a full-time employee can only displace another full time employee who has less seniority and who is the least senior full time employee in an identical or lower paying classification and that whose job the originally displaced employee can perform and that a part time employee can only displace another part time employee who has less seniority and who is the least senior part time employee in an identical or lower paying classification and who job originally displaced part time employee can perform. Furthermore, a full time employee shall have the opportunity of recall from a layoff to an available opening in a full time position only in the order of seniority, provided that employee has the ability to perform the work and a part time employee shall have the opportunity of recall from a layoff to an available opening in a part time position only in order of seniority provided the employee has the ability to perform the work. These recall opportunities will be made available before openings are filled on a regular basis under the job posting procedure and the posting procedure in the Collective Agreement shall not apply until the recall process is completeEmployer.

Continued. An employee shall have (b) Where a payout provision existed under the of recall from a lay-off to an available opening, former sick leave plan in order of seniority, provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he was laid off shall have the privilege of to the position he held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job the employee is eligible to be recalled to and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed fourteen (14) calendar days. An employee who has been recalled to such temporary vacancy shall not be requiredto accept such recall and may instead remain on lay-off. Article paragraphs and of the Collective Agreement, it an employee who, as of the date of this award, has accumulated sick leave credits and is understood prevented from working for the Hospital on account of an occupational illness or accident that is recognized by the Workplace Safety and Insurance Board as compensable within the meaning of the meaning of the Workers' Compensation Act, the Hospital, on application from the employee, will supplement the award made by The Workers' Compensation Board for loss of wages, together with the supplementation of the Hospital, will equal one hundred percent (100%) of the employee's net earning to the limit of the employee's accumulated sick leave credits. Employees may utilize such sick leave credits while awaiting approval of a claim for Worker's Compensation. (c) When an employee has completed any portion of her regularly scheduled tour prior to going on sick leave benefits or Workers' Compensation benefits, she shall be paid for the balance of the tour at her regular straight time hourly rate. This provision will not disentitle the employee to a lieu day under Article 15.05 if she otherwise qualifies. (d) Employees returning to work from an illness or injury compensable under the Workplace Safety and Insurance Board will be assigned light work as necessary, if available. (e) An employee who transfers from full-time employee can only displace another full to part-time employee who has less seniority may elect to retain her accumulated sick leave credits to be utilized during part-time or subsequent full-time employment as provided under the sick leave plan in which she participates as of the date of this award. (f) Any dispute which may arise concerning an employee's entitlement to short-term or long-term benefits under HOODIP may be subject to grievance and who is arbitration under the least senior full time employee provisions of this agreement. (g) The Hospital further agrees to pay employees an amount equal to any loss of benefits under HOODIP for the first two (2) days of the fourth and subsequent period of absence in an identical or lower paying classification any calendar year. (h) During the term of operation of this Collective Agreement, the Hospital will meet and that whose job consult with the originally displaced employee can perform and that Union with a part time employee can only displace another part time employee who has less seniority and who is view to assisting the least senior part time employee in an identical or lower paying classification and who job originally displaced part time employee can perform. Furthermore, a full time employee shall have the opportunity of recall from a layoff to an available opening in a full time position only parties in the order next set of senioritynegotiations to improve the benefit coverage provided by HOODIP. (i) The Hospital will notify each employee of the amount of unused sick leave in her bank annually, provided that employee has if requested by the ability to perform the work and a part time employee shall have the opportunity of recall from a layoff to an available opening in a part time position only in order of seniority provided the employee has the ability to perform the work. These recall opportunities will be made available before openings are filled on a regular basis under the job posting procedure and the posting procedure in the Collective Agreement shall not apply until the recall process is completeemployee.

Continued. An immediately before the estimated date of birth or any time thereafter. The City may require the employee shall have to commence a leave of absence where the duties of recall the employee cannot reasonably be performed because of the pregnancy and to continue the leave of absence until the employee provides a certificate from a lay-off to an available opening, in order of seniority, provided he has the ability medical practitioner stating that she is able to perform her duties. Regardless of the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in date of commencement of the collective agreement leave of absence, the leave shall not apply until end before the recall process expiration of 6 weeks following the actual date of birth of the child unless the employee requests a shorter period. If the employee requests a shorter period, a written notice must be submitted to the City 2 weeks prior to returning to work. Where an employee who has been complete. In determining granted leave of absence under this clause is, for reasons related to the ability of an employee to perform the work for the purposes of the paragraphs abovebirth as certified by a medical practitioner, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled unable to work in a different classification from which he was laid off shall have the privilege of to the position he held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to or return to work and have failed after the expiration of the leave, the City shall grant to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee further leaves of recall opportunity by registered mailabsence from work, addressed without pay, for a period specified in one or more medical certificates, but not exceeding a total of 6 consecutive weeks. Where Maternity Leave is taken, the employee must prepay her share of premiums to the last address on record with employer for benefits to which she is entitled for the Hospital (which notification shall be deemed to be received on the second day following the date period of mailing). The notification shall state the job the employee is eligible to be recalled to and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed fourteen (14) calendar daysleave. An employee who has been recalled is absent for a period longer than weeks and who wishes to such temporary vacancy continue benefit coverage shall prepay to the City the total cost of premiums for benefits to which she is entitled for the additional period of leave. On resuming employment, an employee shall be reinstated in her previous or a comparable position and for the purpose of pay increments, benefits, and vacation entitlement (but not for statutory holidays or sick leave) maternity leave will be counted as service. Vacation pay will be prorated by the period of the leave and an employee may elect not to take that portion of her vacation which is unpaid. The City shall not terminate an employee or change a condition of employment of an employee without the employee’s written consent, except for general reduction in the work-force. An employee who is a birth father, the adoptive father or adoptive mother, shall be requiredto accept such recall and may instead remain on layentitled to twelve weeks of parental leave without pay. The employee shall take the leave within fifty-off. Article paragraphs and two weeks of the Collective Agreementchild’s birth or the date the child comes within care of or custody of the employee. All regular employees, it is understood that a full-time employee can only displace another full time employee who has less seniority and who is after the least senior full time employee in an identical or lower paying classification and that whose job the originally displaced employee can perform and that a part time employee can only displace another part time employee who has less seniority and who is the least senior part time employee in an identical or lower paying classification and who job originally displaced part time employee can perform. Furthermoreprobationary period, a full time employee shall have the opportunity of recall from a layoff to an available opening in a full time position only in the order of seniority, provided that employee has the ability to perform the work and a part time employee shall have the opportunity of recall from a layoff to an available opening in a part time position only in order of seniority provided the employee has the ability to perform the work. These recall opportunities will be made available before openings are filled on covered by a regular basis under the job posting procedure and the posting procedure in the Collective Agreement shall not apply until the recall process is complete.sixty percent Long Term Disability Plan (maximum monthly benefit of two thousand, five hundred dollars

Continued. (b) An employee, who qualifies for parental leave, other than an adoptive parent, shall give written notification of at least two (2) weeks in advance of the date of the commencement of such leave and the expected date of return. (c) For the purposes of this Article, parent shall be defined to include a person with whom a child is placed for adoption and a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as his or her own. (d) An employee who is an adoptive parent shall advise the Hospital as far in advance as possible of having qualified to adopt a child, and shall request the leave of absence, in writing, upon receipt of confirmation of the pending adoption. If, because of late receipt of confirmation of the pending adoption, the employee finds it impossible to request the leave of absence in writing, the request may be made verbally and subsequently verified in writing. An employee shall have reconfirm his or her intention to return to work on the date originally approved in subsection (b) above by written notification received by the Hospital at least two (2) weeks in advance thereof. (e) Effective on confirmation by the Canada Employment Insurance Commission of recall from the appropriateness of the Hospital's Supplemental Unemployment Benefit (SUB) Plan, an employee who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 22 of the Employment Insurance Act, shall be paid a laysupplemental unemployment benefit for a period not exceeding ten (10) weeks. That benefit shall be equivalent to the difference between ninety-off to an available opening, three percent (93%) of the employee's normal weekly earnings and the sum of his or her weekly Employment Insurance benefits and any other earnings. Receipt by the Hospital of the employee's employment insurance cheque stub will serve as proof that the employee is in order receipt of seniority, provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedureunemployment parental benefits. The posting procedure in employee's normal weekly earnings shall be determined by multiplying the collective agreement shall employee's regular hourly rate on his or her last day worked prior to the commencement of the leave times the employee's normal weekly hours, plus any wage increase or salary increment that the employee would be entitled to if he or she were not apply until the recall process has been completeon parental leave. In determining addition to the ability of an employee to perform the work for the purposes of the paragraphs aboveforegoing, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he was laid off shall have the privilege of to the position he held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify pay the employee ninety-three percent (93%) of recall opportunity by registered mail, addressed his or her normal weekly earnings during the first two (2) week period of the leave while waiting to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job the employee is eligible to be recalled to and the date and time at which the employee shall report for workreceive Employment Insurance benefits. The employee is solely responsible does not have any vested right except to receive payments for his proper address being on record with the Hospitalcovered unemployment period. Employees on lay-off shall be given preference for temporary vacancies which The plan provides that payment in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are expected to exceed fourteen (14) calendar days. An employee who has been recalled to such temporary vacancy shall not be requiredto accept such recall and may instead remain on lay-off. Article paragraphs and of the Collective Agreement, it is understood that a full-time employee can only displace another full time employee who has less seniority and who is the least senior full time employee in an identical reduced or lower paying classification and that whose job the originally displaced employee can perform and that a part time employee can only displace another part time employee who has less seniority and who is the least senior part time employee in an identical or lower paying classification and who job originally displaced part time employee can perform. Furthermore, a full time employee shall have the opportunity of recall from a layoff to an available opening in a full time position only in the order of seniority, provided that employee has the ability to perform the work and a part time employee shall have the opportunity of recall from a layoff to an available opening in a part time position only in order of seniority provided the employee has the ability to perform the work. These recall opportunities will be made available before openings are filled on a regular basis increased by payments received under the job posting procedure and the posting procedure in the Collective Agreement shall not apply until the recall process is completeplan.

Continued. An employee The Corporation shall, within ten working days of the effective date, notify the Union of all appointments to, transfers and promotions within and terminations and layoffs from the bargaining unit, providing: (a) name; new title; and effective date. (a) Seniority shall have accrue when leave of absence of less than ninety-one (91) calendar days is granted under Article and for leaves of absence granted under Articles and Seniority shall not accrue when leave of absence in excess of ninety (90) calendar days is granted under Article A seniority list as of January and July shall be filed with the of recall from Union and a lay-off to an available openingcopy posted on each floor, in order any building in which members work, covering all employees within the bargaining unit. These lists will indicate name, working title and seniority date. The following procedures shall be followed with respect to layoff and recall. Regular employees shall be given notice of senioritylayoff in accordance with the Employment Standards Act or twenty-five (25) working days, provided he has whichever is the ability to perform greater. In the event of a reduction in the work before such opening is filled on force of a regular basis under a job posting proceduredepartment, layoff shall commence with the employee with the least amount of total seniority within the bargaining unit, within the title affected. The posting procedure Ability and qualifications being sufficient, any employee so laid off shall be permitted to use total seniority to displace the employee with the least seniority in the collective agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs abovesame title or failing that, the Hospital shall not act employee with the least seniority in an arbitrary or unfair mannerthe same salary level in a position for which the displaced employee has sufficient ability and qualifications. An employee unsuccessful in obtaining a position in own salary level shall repeat this process in the salary levels below. Ability and qualifications being sufficient, any employee displaced as a result of a layoff shall use the same procedure as outlined in to obtain a position. An employee who elects to use seniority shall receive the rate of pay for the position which secures. An employee's right of recall to original position ceases at the earlier of the employee securing a position through the job posting process (Article or after twenty-four (24) months in the position secured through the bumping process. While on layoff, a regular full-time employee shall continue to accrue seniority. Benefits will not continue during the period of layoff, nor will service accrue for any service driven benefits such as vacation, sick leave, service pay, etc. In the event of recall, positions will be filled in the reverse manner to the layoff, providing ability and qualifications are sufficient. A regular full-time employee on layoff (i.e. who was unable to secure a position through the bumping process) shall be offered a position filled by a temporary employee provided has sufficient ability and qualifications. Time worked in such a position shall not be included in the recall period per Article Seniority shall be lost and employment terminated where an employee: Voluntarily resigns. Is laid off and is not recalled to work in a different classification from which he was laid off shall have active employment within twenty-four (24) calendar months, or one-half of the privilege employee’s seniority at the time of to lay- off, whichever is the position he held prior to the lay-off should it become vacant within six (6) months of being recalledlesser. No new employees shall be hired until all those laid off have been given an opportunity Fails to return to work and have failed within ten (IO) working days after notice to do so, return has been sent to by registered mail to last address appearing on the Corporation’s records. Is absent for three (3) consecutive working days without having been granted leave of absence in accordance with Article unless a satisfactory reason is given. Is discharged for cause and is not reinstated through the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job the employee is eligible to be recalled to and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed fourteen (14) calendar days. An employee who has been recalled to such temporary vacancy shall not be requiredto accept such recall and may instead remain on lay-off. Article paragraphs and of the Collective Agreement, it is understood that a full-time employee can only displace another full time employee who has less seniority and who is the least senior full time employee in an identical or lower paying classification and that whose job the originally displaced employee can perform and that a part time employee can only displace another part time employee who has less seniority and who is the least senior part time employee in an identical or lower paying classification and who job originally displaced part time employee can perform. Furthermore, a full time employee shall have the opportunity of recall from a layoff to an available opening in a full time position only in the order of seniority, provided that employee has the ability to perform the work and a part time employee shall have the opportunity of recall from a layoff to an available opening in a part time position only in order of seniority provided the employee has the ability to perform the work. These recall opportunities will be made available before openings are filled on a regular basis under the job posting procedure and the posting procedure in the Collective Agreement shall not apply until the recall process is completegrievance procedure.

Continued. The time limits fixed in both and arbitration procedure may extended by consent of the parties to this Agreement but of such consent shall not be grounds for a grievance. Whenever the Board or a deputy deems it to censure an employee in a manner indicating that dismissal may follow any repetition of the act complained of or referred to, may follow if such employee fails to bring work up a required standard by a given date, the Board shall within five (5) working days written particulars of such censure to the President of the Bargaining Unit, with a copy to the employee involved. An employee may disciplined, suspended or discharged only for just When an employee is disciplined. suspended or discharged the employee and the Bargaining Unit shall have be advised promptly in writing by the Superintendent of recall from Personnel of the reason for such actions. Notwithstanding the above, the test for just cause for a lay-off probationary employee shall be a test of suitability provided that the suitability could reasonably be expected to affect work performance. Should it be found under the grievance procedure that an available openingemployee has been unjustly suspended or discharged, such employee shall immediately reinstated in order former position, without loss of seniority, provided he has and shall be compensated for all time lost in an amount equal to normal during the ability pay period next preceding such discharge or suspension, less any earnings in the period of suspension or discharge, or by any other which is just and equitable in the opinion of the parties of this Agreement. In with relevant sections of the Municipal of Information and Protection of Privacy legislation an employee be entitled upon request to perform copies of or to view the work before employee's personnel file. The Employer to such opening request within a reasonable time. Seniority is filled defined as the length of continuous service in positions within the Bargaining Unit with the Board and the immediately prior Board which was within the Xxxxx County School System. Absence through sickness, approved leave of absence or layoff will not deducted in determining length of continuous Employees who transfer into the Bargaining Unit and who have previous service with the Board shall receive half credit for such service. Any previous service within the Bargaining Unit shall receive full recognition. There shall not be layoffs caused by such continued The Seniority Lists shall show the date upon which an employee's service commenced or is deemed to have commenced. A copy of these shall be posted in each workplace with a copy to the President of the Bargaining Unit by March of each year. Newly hired employees shall considered on a regular probationary basis under for a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete. In determining the ability period of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he was laid off shall have the privilege of to the position he held prior to the lay-off should it become vacant within six three (63) months of being recalledany continuous employment with the Board. No new employees The probationary period shall be hired until all extended for layoffs ten (10) working days. After completion of the probationary period, seniority shall be effective from the original date of employment. When a vacancy or a temporary vacancy occurs a new position is created inside the Bargaining Unit., the Board shall post notice of the vacancy or in every workplace. The notice shall the job title, duties and rate of Members of the Bargaining Unit shall be given consideration for such prior to external advertising. In making staff changes, or promotions, the factors will be among those laid off have been given an opportunity to return to work considered by the Board: ability, qualifications, experience, performance, and have failed to do soseniority. Where, in accordance with the loss opinion of the Board, all factors other than seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be are deemed to be received on relatively equal. seniority shall govern. rut The President and the second day following Secretary of the date Bargaining Unit shall be notified as soon as possible of mailing)all appointments, layoffs, transfers, recalls and terminations of employment of all persons in the Unit except for casual employees. The notification following procedures for transfer and placement shall state apply to all Educational Assistants the job Bargaining unit to provide for the employee is eligible to be recalled to and staffing of for the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed fourteen (14) calendar days. An employee who has been recalled to such temporary vacancy shall not be requiredto accept such recall and may instead remain on lay-off. Article paragraphs and of the Collective Agreement, it is understood that a full-time employee can only displace another full time employee who has less seniority and who is the least senior full time employee in an identical or lower paying classification and that whose job the originally displaced employee can perform and that a part time employee can only displace another part time employee who has less seniority and who is the least senior part time employee in an identical or lower paying classification and who job originally displaced part time employee can perform. Furthermore, a full time employee shall have the opportunity of recall from a layoff to an available opening in a full time position only in the order of seniority, provided that employee has the ability to perform the work and a part time employee shall have the opportunity of recall from a layoff to an available opening in a part time position only in order of seniority provided the employee has the ability to perform the work. These recall opportunities will be made available before openings are filled on a regular basis under the job posting procedure and the posting procedure in the Collective Agreement shall not apply until the recall process is completefollowing year.

Continued. An Notwithstanding (a), where the Board is not satisfied that it wishes to retain a probationary employee shall have beyond the end of recall from a the normal probationary period, but the Board has not decided to terminate the employee's employment immediately, the parties may agree in writing to an extension of the normal probationary period, pursuant to such terms and conditions as they consider reasonable in the circumstances. Such an extension agreement must normally include the employee's consent, unless the employee is not available or able to provide it at the relevant time. Whenever, in the judgement of the Board, lay-off offs of members of the bargaining unit will be required, the Board will notify the Union in writing, at least twenty-one (21) calendar days prior to an available openingthe lay- offs involved, the number of personnel affected and any variations from normal seniority which will be required as the result of Article A seniority list, including all current members of the bargaining unit, listed in order of seniority, provided he has will be forwarded to each location on the ability to perform first day of September and February each year during 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 completeAgreement. In determining the ability all cases of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he was laid off shall have the privilege of to the position he held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job the employee is eligible to be recalled to and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on from lay-off shall be given preference for temporary vacancies which are expected to exceed fourteen (14) calendar days. An employee who has been recalled to such temporary vacancy shall not be requiredto accept such recall and may instead remain on lay-off. Article paragraphs and of the Collective Agreement, it is understood that a full-time employee can only displace another full time employee who has less seniority and who is the least senior full time employee in an identical or lower paying classification and that whose job the originally displaced employee can perform and that a part time employee can only displace another part time employee who has less seniority and who is the least senior part time employee in an identical or lower paying classification and who job originally displaced part time employee can perform. Furthermore, a full time employee shall have the opportunity of recall from a layoff to an available opening in a full time position only in the order of seniority, provided that employee has the ability to perform the work and a part time employee shall have the opportunity of recall from a layoff to an available opening in a part time position only in order of seniority will govern provided the employee has the ability and qualifications to perform the workjob. a) In cases of lay-off which include employees who have been trained in particular job functions which remain a Board requirement, such employees will not be laid off unless more senior members of the bargaining unit who would otherwise be laid off are fully capable of carrying out the functions of the job. These In cases of recall opportunities where the work which becomes available is of a special nature, the most senior members of the bargaining unit on lay-off list capable of carrying out the special functions will be made available before openings are filled on recalled. In all cases under Article or a regular basis under member of the job posting procedure and bargaining unit replacing a less senior member, the posting procedure individual "Bumping In" to the position, will be given ten working days to familiarize with the new job. This period is not to be deemed a training period. If after ten working days the individual in the Collective Agreement judgement of the Board is not capable of carrying out the duties of the position, will be notified why is so considered and will be laid off subject to recall in accordance with the recall procedure, when a suitable job which is capable of performing is vacant and available. Permanent employees who are laid off because of lack of work will be retained on the seniority list for a period equal to their seniority at the time of lay-off but in no event to exceed twenty-four (24) months. During that period, they will be subject to recall if suitable work becomes available which they are qualified to perform. Recall to work shall be by registered letter or telegram addressed to the last address recorded by the employee with the Board. It shall be the duty of the employee to notify the Board promptly of any change of address. Should an employee fail to do this, the Board shall not apply until the recall process be responsible for failure of a notice sent by registered mail to reach such employee. An employee who is complete.recalled to work must signify intention to return within five