Common use of Deemed Termination Clause in Contracts

Deemed Termination. A nurse shall lose all service and seniority and shall be deemed to have been terminated if the nurse: (a) leaves of the nurse’s own accord; (b) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (c) has been laid off for twenty-four calendar months; (d) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (e) is absent from scheduled work for a period of three or more consecutive working days without notifying the Employer of such absence and providing a satisfactory reason to the Employer; (f) fails to return to work (subject to the provisions of 12.05(e)) upon termination of an authorized leave of absence without satisfactory reason or utilizes a leave of absence for purposes other than that for which the leave was granted; (g) fails upon being notified of a recall to signify the nurse’s intention to return within twenty calendar days after the nurse has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer and fails to report to work within thirty calendar days after the nurse has received the notice of recall or such further period of time as may be agreed upon by the parties. (h) has not worked a shift in thirteen (13) consecutive months, unless on an approved leave of absence for that period. (a) Where a permanent vacancy occurs in a full-time or regular part-time classification within the bargaining unit or a new position within the bargaining unit is established by the Employer, such vacancy shall be posted for a period of seven consecutive calendar days. Nurses may make written application for such vacancy within the seven day period referred to herein. Subsequent vacancies created by the filling of a posted vacancy are to be posted for seven consecutive calendar days. (b) A nurse may make a written request for transfer by advising the Employer and filing a Request for Transfer form indicating the nurse’s name, qualifications, experience, present area of assignment, seniority and requested area of assignment. A Request for Transfer shall become active as of the date it is received by the Employer and shall remain so until 31 December following. Such requests will be considered as applications for posted vacancies and subsequent vacancies created by the filling of a posted vacancy. A list of vacancies filled in the preceding month under Article 12.07 (a) and (b), and the names of the successful applicants, will be posted, with a copy provided to the Union. The Union will also be advised of any posted positions that have been rescinded by the Employer in the preceding month. Unsuccessful applicants will be notified, within one (1) week of the decision being made and prior to the posting of the name of the successful candidate. The ONA Bargaining Unit President will receive a copy of this notification. At the request of the nurse, the Employer will discuss with unsuccessful applicants ways in which they can improve their qualifications for future postings. (c) Job Posting (d) Vacancies which are not expected to exceed sixty (60) calendar days and vacancies caused due to illness, accident, leaves of absence (including pregnancy and parental) may be filled at the discretion of the Employer. In filling such vacancies consideration shall be given to regular part-time nurses in the bargaining unit on the basis of seniority who are qualified to perform the work in question. If the temporary vacancy is not filled by a regular part-time nurse, consideration will be given to casual part-time nurses in the bargaining unit on the basis of seniority who are qualified to perform the work in question, prior to utilizing non-bargaining unit nurses supplied by an agency or registry. It is understood, however, that where such vacancies occur on short notice, failure to offer part-time nurses such work shall not result in any claim for pay for time not worked while proper arrangements are made to fill the vacancy. Where part-time nurses fill temporary full-time vacancies, such nurses shall be considered regular part-time and shall be covered by the terms of the part-time collective agreement. Upon completion of the temporary vacancy, such nurse shall be reinstated to her or his former position unless the position has been discontinued, in which case the nurse shall be given a comparable job. Where the parties agree, full-time nurses may be considered for temporary full-time vacancies on the same basis as regular part-time nurses. A list of all vacancies expected to be sixty (60) days or more that were filled in the preceding month under this provision, including the names of the nurses selected and the anticipated duration of the vacancy, shall be provided to the Union. (e) The Employer shall have the right to fill any permanent vacancy on a temporary basis until the posting procedure or the Request for Transfer procedure provided herein has been complied with and arrangements have been made to permit the nurse selected to fill the vacancy to be assigned to the job. Absent exceptional circumstances, the hospital will endeavour to move nurses who have been selected for positions within forty-five (45) days of their selection to the positions. (f) Where a vacant position under this provision is not filled by the job posting process, a nurse subject to layoff or recall, who is not qualified for the position, will be provided with necessary training of up to 12 weeks to enable the nurse to become qualified for the vacant position. In determining the position for which training will be provided the Employer shall consider the nurse’s stated preference for position. (g) A nurse selected as a result of a posted vacancy, a Request for Transfer, or as a result of qualifying training, need not be considered for a further permanent vacancy for a period of up to six months from the date of the nurse’s selection. This does not apply to nurses applying for vacancies or requesting a transfer to full-time or regular part-time positions posted in accordance with Article 12.06 that are at their site, or nurses who posted or transferred as a result of a layoff. (h) Notwithstanding any other provision of this agreement, no nurse shall be transferred to another location without the nurse’s written consent. However, where nurses are reassigned to meet patient care needs at the Employer they will be reassigned to units or areas where they are qualified to perform the available work.

Deemed Termination. A nurse shall lose all service and seniority and shall be deemed to have been terminated if the nurse: (a) leaves of the nurse’s own accord; (b) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (c) has been laid off for twenty-four calendar months; (d) refuses to continue to work or return to work during an emergency which seriously affects the EmployerHospital’s ability to provide adequate patient care, unless a satisfactory reason is given to the EmployerHospital; (e) is absent from scheduled work for a period of three or more consecutive working days without notifying the Employer Hospital of such absence and providing a satisfactory reason to the EmployerHospital; (f) fails to return to work (subject to the provisions of 12.05(e)) upon termination of an authorized leave of absence without satisfactory reason or utilizes a leave of absence for purposes other than that for which the leave was granted; (g) fails upon being notified of a recall to signify the nurse’s intention to return within twenty calendar days after the nurse has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer Hospital and fails to report to work within thirty calendar days after the nurse has received the notice of recall or such further period of time as may be agreed upon by the parties. (h) has not worked a shift in thirteen (13) consecutive months, unless on an approved leave of absence for that period. (a) Where a permanent vacancy occurs in a full-time or regular part-time classification within the bargaining unit or a new position within the bargaining unit is established by the EmployerHospital, such vacancy shall be posted for a period of seven consecutive calendar days. Nurses may make written application for such vacancy within the seven day period referred to herein. Subsequent vacancies created by the filling of a posted vacancy are to be posted for seven consecutive calendar days. (b) A nurse may make a written request for transfer by advising the Employer Hospital and filing a Request for Transfer form indicating the nurse’s name, qualifications, experience, present area of assignment, seniority and requested area of assignment. A Request for Transfer shall become active as of the date it is received by the Employer Hospital and shall remain so until 31 December following. Such requests will be considered as applications for posted vacancies and subsequent vacancies created by the filling of a posted vacancy. A list of vacancies filled in the preceding month under Article 12.07 (a) and (b), and the names of the successful applicants, will be posted, with a copy provided to the Union. The Union will also be advised of any posted positions that have been rescinded by the Employer Hospital in the preceding month. Unsuccessful applicants will be notified, within one (1) week of the decision being made and prior to the posting of the name of the successful candidate. The ONA Bargaining Unit President will receive a copy of this notification. At the request of the nurse, the Employer Hospital will discuss with unsuccessful applicants ways in which they can improve their qualifications for future postings. (c) Job Posting (d) Vacancies which are not expected to exceed sixty (60) calendar days and vacancies caused due to illness, accident, leaves of absence (including pregnancy and parental) may be filled at the discretion of the EmployerHospital. In filling such vacancies consideration shall be given to regular part-time nurses in the bargaining unit on the basis of seniority who are qualified to perform the work in question. If the temporary vacancy is not filled by a regular part-time nurse, consideration will be given to casual part-time nurses in the bargaining unit on the basis of seniority who are qualified to perform the work in question, prior to utilizing non-bargaining unit nurses supplied by an agency or registry. It is understood, however, that where such vacancies occur on short notice, failure to offer part-time nurses such work shall not result in any claim for pay for time not worked while proper arrangements are made to fill the vacancy. Where part-time nurses fill temporary full-time vacancies, such nurses shall be considered regular part-time and shall be covered by the terms of the part-time collective agreement. Upon completion of the temporary vacancy, such nurse shall be reinstated to her or his former position unless the position has been discontinued, in which case the nurse shall be given a comparable job. Where the parties agree, full-time nurses may be considered for temporary full-time vacancies on the same basis as regular part-time nurses. A list of all vacancies expected to be sixty (60) days or more that were filled in the preceding month under this provision, including the names of the nurses selected and the anticipated duration of the vacancy, shall be provided to the Union. (e) The Employer Hospital shall have the right to fill any permanent vacancy on a temporary basis until the posting procedure or the Request for Transfer procedure provided herein has been complied with and arrangements have been made to permit the nurse selected to fill the vacancy to be assigned to the job. Absent exceptional circumstances, the hospital will endeavour to move nurses who have been selected for positions within forty-five (45) days of their selection to the positions. (f) Where a vacant position under this provision is not filled by the job posting process, a nurse subject to layoff or recall, who is not qualified for the position, will be provided with necessary training of up to 12 weeks to enable the nurse to become qualified for the vacant position. In determining the position for which training will be provided the Employer Hospital shall consider the nurse’s stated preference for position. (g) A nurse selected as a result of a posted vacancy, a Request for Transfer, or as a result of qualifying training, need not be considered for a further permanent vacancy for a period of up to six months from the date of the nurse’s selection. This does not apply to nurses applying for vacancies or requesting a transfer to full-time or regular part-time positions posted in accordance with Article 12.06 that are at their site, or nurses who posted or transferred as a result of a layoff. (h) Notwithstanding any other provision of this agreement, no nurse shall be transferred to another location without the nurse’s written consent. However, where nurses are reassigned to meet patient care needs at the Employer Hospital they will be reassigned to units or areas where they are qualified to perform the available work.

Deemed Termination. A nurse shall lose all service and seniority and shall be deemed to have been terminated if the nurse: (a) leaves of the nurse’s own accord; (b) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (c) has been laid off for twenty-four calendar months; (d) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (e) is absent from scheduled work for a period of three or more consecutive working days without notifying the Employer of such absence and providing a satisfactory reason to the Employer; (f) fails to return to work (subject to the provisions of 12.05(e)) upon termination of an authorized leave of absence without satisfactory reason or utilizes a leave of absence for purposes other than that for which the leave was granted; (g) fails upon being notified of a recall to signify the nurse’s intention to return within twenty calendar days after the nurse has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer and fails to report to work within thirty calendar days after the nurse has received the notice of recall or such further period of time as may be agreed upon by the parties. (h) has not worked a shift in thirteen (13) consecutive months, unless on an approved leave of absence for that period. (a) Where a permanent vacancy occurs in a full-time or regular part-part- time classification within the bargaining unit or a new position within the bargaining unit is established by the Employer, such vacancy shall be posted for a period of seven consecutive calendar days. Nurses may make written application for such vacancy within the seven day period referred to herein. Subsequent vacancies created by the filling of a posted vacancy are to be posted for seven consecutive calendar days. Where a vacancy under this provision has remained unfilled for a period of six (6) months from the date of the initial posting, and the employer still requires the position to be filled, it will be reposted as noted above. (b) A nurse may make a written request for transfer by advising the Employer and filing a Request for Transfer form indicating the nurse’s name, qualifications, experience, present area of assignment, seniority and requested area of assignment. A Request for Transfer shall become active as of the date it is received by the Employer and shall remain so until 31 December following. Such requests will be considered as applications for posted vacancies and subsequent vacancies created by the filling of a posted vacancy. A list of vacancies filled in the preceding month under Article 12.07 12.07 (a) and (b), and the names of the successful applicants, will be posted, with a copy provided to the Union. The Union will also be advised of any posted positions that have been rescinded by the Employer in the preceding month. Unsuccessful applicants will be notified, within one (1) week of the decision being made and prior to the posting of the name of the successful candidate. The ONA Bargaining Unit President will receive a copy of this notification. At the request of the nurse, the Employer will discuss with unsuccessful applicants ways in which they can improve their qualifications for future postings. (c) Job PostingNurses shall be selected for positions under either Article 12.06 (a) or (b) on the basis of their skill, ability, experience and qualifications. Where these factors are relatively equal amongst the nurses considered, seniority shall govern providing the successful applicant, if any, is qualified to perform the available work within an appropriate familiarization period. Where seniority governs, the most senior applicant, regardless of their ONA bargaining unit, will be selected. Where the applicant has been selected in accordance with this Article and it is subsequently determined that the nurse cannot satisfactorily perform the job to which the nurse was promoted or transferred, the Employer will attempt, during the first sixty (60) tours (450 hours for nurses whose regular hours of work are other than the standard work day) worked from the date on which the nurse was first assigned to the vacancy, to return the nurse to the nurse’s former job, and the filling of the subsequent vacancies will likewise be reversed. If the nurse requests, the Employer will give due consideration to returning the nurse to the nurse’s former position, provided that the former position has not been filled or eliminated. Such request shall not be unreasonably denied. Where the nurse is returned to their former position within thirty (30) tours, the Employer will select an applicant, in accordance with this provision, from the previous posting to fill the position. Where there were no qualified applicants, the position will be reposted in accordance with Article 12.06(a). Notwithstanding the level of entry to practice (baccalaureate degree in nursing) which became effective in 2005, the Employer will not establish qualifications, or identify them in job postings, in an arbitrary or unreasonable manner. (di) Vacancies which are not expected to exceed sixty (60) calendar days and vacancies caused due to illness, accident, leaves of absence (including pregnancy and parental) may be filled at the discretion of the Employer. In filling such vacancies consideration shall be given to regular part-time nurses in the bargaining unit on the basis of seniority who are qualified to perform the work in question. If the temporary vacancy is not filled by a regular part-time nurse, consideration will be given to casual part-time nurses in the bargaining unit on the basis of seniority who are qualified to perform the work in question, prior to utilizing non-bargaining unit nurses supplied by an agency or registry. It is understood, however, that where such vacancies occur on short notice, failure to offer part-time nurses such work shall not result in any claim for pay for time not worked while proper arrangements are made to fill the vacancy. Where part-time nurses fill temporary full-time vacancies, such nurses shall be considered regular part-time and shall be covered by the terms of the part-time collective agreement. Upon completion of the temporary vacancy, such nurse shall be reinstated to her or his their former position unless the position has been discontinued, in which case the nurse shall be given a comparable job. Where the parties agree, full-time nurses may be considered for temporary full-time vacancies on the same basis as regular part-time nurses. A list of all vacancies expected to be sixty (60) days or more that were filled in the preceding month under this provision, including the names of the nurses selected and the anticipated duration of the vacancy, shall be provided to the Union. (ii) Vacancies due to illness, accident, leaves of absence (including pregnancy and parental) which are expected to exceed sixty (60) calendar days will be posted in accordance with Article 12.06(a). (e) The Employer shall have the right to fill any permanent vacancy on a temporary basis until the posting procedure or the Request for Transfer procedure provided herein has been complied with and arrangements have been made to permit the nurse selected to fill the vacancy to be assigned to the job. Absent exceptional circumstances, the hospital will endeavour to move nurses who have been selected for positions within forty-five (45) days of their selection to the positions. (f) Where a vacant position under this provision is not filled by the job posting process, a nurse subject to layoff or recall, who is not qualified for the position, will be provided with necessary training of up to 12 weeks to enable the nurse to become qualified for the vacant position. In determining the position for which training will be provided the Employer shall consider the nurse’s stated preference for position. (g) A nurse selected as a result of a posted vacancy, or a Request for Transfer, or as a result of qualifying training, need not be considered for a further permanent vacancy for a period of up to six nine (9) months or for the initial duration of the vacancy to which the nurse was transferred, whichever is shorter, from the date of the nurse’s selection. This does not apply to nurses applying for vacancies or requesting a transfer to full-time or regular part-time positions posted in accordance with Article 12.06 that are at their site, or nurses who posted or transferred as a result of a layoff, or nurses filling temporary vacancies applying for permanent positions. (h) Notwithstanding any other provision of this agreement, no nurse shall be transferred to another location without the nurse’s written consent. However, where nurses are reassigned to meet patient care needs at the Employer they will be reassigned to units or areas where they are qualified to perform the available work.

Deemed Termination. A nurse shall lose all service and seniority and shall be deemed to have been terminated if the nurse: (a) leaves of the nurse’s own accord; (b) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (c) has been laid off for twenty-four calendar months; (d) refuses to continue to work or return to work during an emergency which seriously affects the EmployerHospital’s ability to provide adequate patient care, unless a satisfactory reason is given to the EmployerHospital; (e) is absent from scheduled work for a period of three or more consecutive working days without notifying the Employer Hospital of such absence and providing a satisfactory reason to the EmployerHospital; (f) fails to return to work (subject to the provisions of 12.05(e)) upon termination of an authorized leave of absence without satisfactory reason or utilizes a leave of absence for purposes other than that for which the leave was granted; (g) fails upon being notified of a recall to signify the nurse’s intention to return within twenty calendar days after the nurse has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer Hospital and fails to report to work within thirty calendar days after the nurse has received the notice of recall or such further period of time as may be agreed upon by the parties. (h) has not worked a shift in thirteen (13) consecutive months, unless on an approved leave of absence for that period. (a) Where a permanent vacancy occurs in a full-time or regular part-time classification within the bargaining unit or a new position within the bargaining unit is established by the EmployerHospital, such vacancy shall be posted for a period of seven consecutive calendar days. Nurses may make written application for such vacancy within the seven day period referred to herein. Subsequent vacancies created by the filling of a posted vacancy are to be posted for seven consecutive calendar days. (b) A nurse may make a written request for transfer by advising the Employer Hospital and filing a Request for Transfer form indicating the nurse’s name, qualifications, experience, present area of assignment, seniority and requested area of assignment. A Request for Transfer shall become active as of the date it is received by the Employer Hospital and shall remain so until 31 December following. Such requests will be considered as applications for posted vacancies and subsequent vacancies created by the filling of a posted vacancy. A list of vacancies filled in the preceding month under Article 12.07 (a) and (b), and the names of the successful applicants, will be posted, with a copy provided to the UnionAssociation. The Union Association will also be advised of any posted positions that have been rescinded by the Employer Hospital in the preceding month. Unsuccessful applicants will be notified, within one (1) week of the decision being made and prior to the posting of the name of the successful candidate. The ONA Bargaining Unit President will receive a copy of this notification. At the request of the nurse, the Employer Hospital will discuss with unsuccessful applicants ways in which they can improve their qualifications for future postings. (c) Job Posting (d) Vacancies which are not expected to exceed sixty (60) calendar days and vacancies caused due to illness, accident, leaves of absence (including pregnancy and parental) may be filled at the discretion of the EmployerHospital. In filling such vacancies consideration shall be given to regular part-time nurses in the bargaining unit on the basis of seniority who are qualified to perform the work in question. If the temporary vacancy is not filled by a regular part-time nurse, consideration will be given to casual part-time nurses in the bargaining unit on the basis of seniority who are qualified to perform the work in question, prior to utilizing non-bargaining unit nurses supplied by an agency or registry. It is understood, however, that where such vacancies occur on short notice, failure to offer part-time nurses such work shall not result in any claim for pay for time not worked while proper arrangements are made to fill the vacancy. Where part-time nurses fill temporary full-time vacancies, such nurses shall be considered regular part-time and shall be covered by the terms of the part-time collective agreement. Upon completion of the temporary vacancy, such nurse shall be reinstated to her or his former position unless the position has been discontinued, in which case the nurse shall be given a comparable job. Where the parties agree, full-time nurses may be considered for temporary full-time vacancies on the same basis as regular part-time nurses. A list of all vacancies expected to be sixty (60) days or more that were filled in the preceding month under this provision, including the names of the nurses selected and the anticipated duration of the vacancy, shall be provided to the UnionAssociation. (e) The Employer Hospital shall have the right to fill any permanent vacancy on a temporary basis until the posting procedure or the Request for Transfer procedure provided herein has been complied with and arrangements have been made to permit the nurse selected to fill the vacancy to be assigned to the job. Absent exceptional circumstances, the hospital will endeavour to move nurses who have been selected for positions within forty-five (45) days of their selection to the positions. (f) Where a vacant position under this provision is not filled by the job posting process, a nurse subject to layoff or recall, who is not qualified for the position, will be provided with necessary training of up to 12 weeks to enable the nurse to become qualified for the vacant position. In determining the position for which training will be provided the Employer Hospital shall consider the nurse’s stated preference for position. (g) A nurse selected as a result of a posted vacancy, a Request for Transfer, or as a result of qualifying training, need not be considered for a further permanent vacancy for a period of up to six months from the date of the nurse’s selection. This does not apply to nurses applying for vacancies or requesting a transfer to full-time or regular part-time positions posted in accordance with Article 12.06 that are at their site, or nurses who posted or transferred as a result of a layoff. (h) Notwithstanding any other provision of this agreement, no nurse shall be transferred to another location without the nurse’s written consent. However, where nurses are reassigned to meet patient care needs at the Employer Hospital they will be reassigned to units or areas where they are qualified to perform the available work.

Deemed Termination. A nurse An employee shall lose all service and seniority and shall be deemed to have been terminated if the nurseshe: (a) leaves of the nurse’s her own accord; (b) is discharged and the discharge is not reversed through the grievance or arbitration procedureprocedures; (c) has been laid off for twenty-four (24) calendar months; (d) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s Hospital's ability to provide adequate patient care, unless a satisfactory reason is given to the EmployerHospital; (e) is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Employer Hospital of such absence and providing a reason satisfactory reason to the EmployerHospital; (f) fails to return to work (subject to the provisions of 12.05(e11.06 (e)) upon termination of an authorized leave of absence without a satisfactory reason or utilizes a leave of absence for purposes other than that for which the leave was granted; (g) fails upon being notified of a recall to signify the nurse’s her intention to return within twenty (20) calendar days after the nurse she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer Hospital and fails to report to work within thirty (30) calendar days after the nurse she has received the notice of recall or such further period of time as may be agreed upon by the parties. (h) has not worked a shift in thirteen (13) consecutive months, unless on an approved leave of absence for that period. (a) Where a permanent vacancy occurs in a full-time is absent from work due to illness or regular part-time classification within the bargaining unit or a new position within the bargaining unit is established by the Employer, such vacancy shall be posted disability for a period of seven consecutive calendar daysthirty (30) months from the time such absence commenced. Nurses may make written application for such vacancy The thirty (30) month period will resume if there is a recurrence of the same illness or disability within ten (10) weeks of the seven day period referred employee's return to hereinwork. Subsequent vacancies created by The previous absence will not count in the filling event of a posted vacancy are to be posted for seven consecutive calendar days. (b) A nurse may make a written request for transfer by advising the Employer different and filing a Request for Transfer form indicating the nurse’s name, qualifications, experience, present area of assignment, seniority and requested area of assignment. A Request for Transfer shall become active as of the date it is received by the Employer and shall remain so until 31 December following. Such requests will be considered as applications for posted vacancies and subsequent vacancies created by the filling of a posted vacancy. A list of vacancies filled in the preceding month under Article 12.07 (a) and (b), and the names of the successful applicants, will be posted, with a copy provided to the Unionunrelated illness or disability. The Union will also be advised of any posted positions that have been rescinded by the Employer in the preceding month. Unsuccessful applicants will be notified, within one (1) week of the decision being made and prior to the posting of the name of the successful candidate. The ONA Bargaining Unit President will receive a copy of this notification. At the request of the nurse, the Employer will discuss with unsuccessful applicants ways in which they can improve their qualifications for future postings. (c) Job Posting (d) Vacancies which are not expected to exceed sixty (60) calendar days and vacancies caused due to illness, accident, leaves of absence (including pregnancy and parental) may be filled at the discretion of the Employer. In filling such vacancies consideration shall be given to regular part-time nurses in the bargaining unit on the basis of seniority who are qualified to perform the work in question. If the temporary vacancy is not filled by a regular part-time nurse, consideration employee will be given to casual part-time nurses notice as per the Employment Standards Act. Note: This clause will be interpreted in a manner consistent with the bargaining unit on the basis of seniority who are qualified to perform the work in question, prior to utilizing non-bargaining unit nurses supplied by an agency or registry. It is understood, however, that where such vacancies occur on short notice, failure to offer part-time nurses such work shall not result in any claim for pay for time not worked while proper arrangements are made to fill the vacancy. Where part-time nurses fill temporary full-time vacancies, such nurses shall be considered regular part-time and shall be covered by the terms of the part-time collective agreement. Upon completion of the temporary vacancy, such nurse shall be reinstated to her or his former position unless the position has been discontinued, in which case the nurse shall be given a comparable job. Where the parties agree, full-time nurses may be considered for temporary full-time vacancies on the same basis as regular part-time nurses. A list of all vacancies expected to be sixty (60) days or more that were filled in the preceding month under this provision, including the names of the nurses selected Ontario Human Rights Code and the anticipated duration of the vacancy, shall be provided to the UnionWorkplace Safety and Insurance Act. (e) The Employer shall have the right to fill any permanent vacancy on a temporary basis until the posting procedure or the Request for Transfer procedure provided herein has been complied with and arrangements have been made to permit the nurse selected to fill the vacancy to be assigned to the job. Absent exceptional circumstances, the hospital will endeavour to move nurses who have been selected for positions within forty-five (45) days of their selection to the positions. (f) Where a vacant position under this provision is not filled by the job posting process, a nurse subject to layoff or recall, who is not qualified for the position, will be provided with necessary training of up to 12 weeks to enable the nurse to become qualified for the vacant position. In determining the position for which training will be provided the Employer shall consider the nurse’s stated preference for position. (g) A nurse selected as a result of a posted vacancy, a Request for Transfer, or as a result of qualifying training, need not be considered for a further permanent vacancy for a period of up to six months from the date of the nurse’s selection. This does not apply to nurses applying for vacancies or requesting a transfer to full-time or regular part-time positions posted in accordance with Article 12.06 that are at their site, or nurses who posted or transferred as a result of a layoff. (h) Notwithstanding any other provision of this agreement, no nurse shall be transferred to another location without the nurse’s written consent. However, where nurses are reassigned to meet patient care needs at the Employer they will be reassigned to units or areas where they are qualified to perform the available work.

Deemed Termination. A nurse shall lose all service and seniority and shall be deemed to have been terminated if the nurse: (a) leaves of the nurse’s own accord; (b) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (c) has been laid off for twenty-four calendar months; (d) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (e) is absent from scheduled work for a period of three or more consecutive working days without notifying the Employer of such absence and providing a satisfactory reason to the Employer; (f) fails to return to work (subject to the provisions of 12.05(e)) upon termination of an authorized leave of absence without satisfactory reason or utilizes a leave of absence for purposes other than that for which the leave was granted; (g) fails upon being notified of a recall to signify the nurse’s intention to return within twenty calendar days after the nurse has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer and fails to report to work within thirty calendar days after the nurse has received the notice of recall or such further period of time as may be agreed upon by the parties. (h) has not worked a shift in thirteen (13) consecutive months, unless on an approved leave of absence for that period. (a) Where a permanent vacancy occurs in a full-time or regular part-time classification within the bargaining unit or a new position within the bargaining unit is established by the Employer, such vacancy shall be posted for a period of seven consecutive calendar days. Nurses may make written application for such vacancy within the seven day period referred to herein. Subsequent vacancies created by the filling of a posted vacancy are to be posted for seven consecutive calendar days. Where a vacancy under this provision has remained unfilled for a period of six (6) months from the date of the initial posting, and the employer still requires the position to be filled, it will be reposted as noted above. (b) A nurse may make a written request for transfer by advising the Employer and filing a Request for Transfer form indicating the nurse’s name, qualifications, experience, present area of assignment, seniority and requested area of assignment. A Request for Transfer shall become active as of the date it is received by the Employer and shall remain so until 31 December following. Such requests will be considered as applications for posted vacancies and subsequent vacancies created by the filling of a posted vacancy. A list of vacancies filled in the preceding month under Article 12.07 12.07 (a) and (b), and the names of the successful applicants, will be posted, with a copy provided to the Union. The Union will also be advised of any posted positions that have been rescinded by the Employer in the preceding month. Unsuccessful applicants will be notified, within one (1) week of the decision being made and prior to the posting of the name of the successful candidate. The ONA Bargaining Unit President will receive a copy of this notification. At the request of the nurse, the Employer will discuss with unsuccessful applicants ways in which they can improve their qualifications for future postings. (c) Job PostingNurses shall be selected for positions under either Article 12.06 (a) or (b) on the basis of their skill, ability, experience and qualifications. Where these factors are relatively equal amongst the nurses considered, seniority shall govern providing the successful applicant, if any, is qualified to perform the available work within an appropriate familiarization period. Where seniority governs, the most senior applicant, regardless of their ONA bargaining unit, will be selected. Where the applicant has been selected in accordance with this Article and it is subsequently determined that the nurse cannot satisfactorily perform the job to which the nurse was promoted or transferred, the Employer will attempt, during the first sixty (60) tours (450 hours for nurses whose regular hours of work are other than the standard work day) worked from the date on which the nurse was first assigned to the vacancy, to return the nurse to the nurse’s former job, and the filling of the subsequent vacancies will likewise be reversed. If the nurse requests, the Employer will give due consideration to returning the nurse to the nurse’s former position, provided that the former position has not been filled or eliminated. Such request shall not be unreasonably denied. Where the nurse is returned to their former position within thirty (30) tours, the Employer will select an applicant, in accordance with this provision, from the previous posting to fill the position. Where there were no qualified applicants, the position will be reposted in accordance with Article 12.06(a). Notwithstanding the level of entry to practice (baccalaureate degree in nursing) which became effective in 2005, the Employer will not establish qualifications, or identify them in job postings, in an arbitrary or unreasonable manner. (di) Vacancies which are not expected to exceed sixty (60) calendar days and vacancies caused due to illness, accident, leaves of absence (including pregnancy and parental) may be filled at the discretion of the Employer. In filling such vacancies consideration shall be given to regular part-time nurses in the bargaining unit on the basis of seniority who are qualified to perform the work in question. If the temporary vacancy is not filled by a regular part-time nurse, consideration will be given to casual part-time nurses in the bargaining unit on the basis of seniority who are qualified to perform the work in question, prior to utilizing non-bargaining unit nurses supplied by an agency or registry. It is understood, however, that where such vacancies occur on short notice, failure to offer part-time nurses such work shall not result in any claim for pay for time not worked while proper arrangements are made to fill the vacancy. Where part-time nurses fill temporary full-time vacancies, such nurses shall be considered regular part-time and shall be covered by the terms of the part-time collective agreement. Upon completion of the temporary vacancy, such nurse shall be reinstated to her or his their former position unless the position has been discontinued, in which case the nurse shall be given a comparable job. Where the parties agree, full-time nurses may be considered for temporary full-time vacancies on the same basis as regular part-time nurses. A list of all vacancies expected to be sixty (60) days or more that were filled in the preceding month under this provision, including the names of the nurses selected and the anticipated duration of the vacancy, shall be provided to the Union. (ii) Vacancies due to illness, accident, leaves of absence (including pregnancy and parental) which are expected to exceed sixty (60) calendar days will be posted in accordance with Article 12.06(a). (e) The Employer shall have the right to fill any permanent vacancy on a temporary basis until the posting procedure or the Request for Transfer procedure provided herein has been complied with and arrangements have been made to permit the nurse selected to fill the vacancy to be assigned to the job. Absent exceptional circumstances, the hospital will endeavour to move nurses who have been selected for positions within forty-five (45) days of their selection to the positions. (f) Where a vacant position under this provision is not filled by the job posting process, a nurse subject to layoff or recall, who is not qualified for the position, will be provided with necessary training of up to 12 weeks to enable the nurse to become qualified for the vacant position. In determining the position for which training will be provided the Employer shall consider the nurse’s stated preference for position. (g) A nurse selected as a result of a posted vacancy, or a Request for Transfer, or as a result of qualifying training, need not be considered for a further permanent vacancy for a period of up to six nine (9) months or for the initial duration of the vacancy to which the nurse was transferred, whichever is shorter, from the date of the nurse’s selection. This does not apply to nurses applying for vacancies or requesting a transfer to full-time or regular part-time positions posted in accordance with Article 12.06 that are at their site, or nurses who posted or transferred as a result of a layoff, or nurses filling temporary vacancies applying for permanent positions or nurses applying for permanent position that is higher paying classification. (h) Notwithstanding any other provision of this agreement, no nurse shall be transferred to another location without the nurse’s written consent. However, where nurses are reassigned to meet patient care needs at the Employer they will be reassigned to units or areas where they are qualified to perform the available work.