Displacement. (a) An Employee whose position is eliminated by the Employer or who is displaced in accordance with this Article shall, provided the Employee has not less than 24 months of seniority:
(i) have the right to displace an Employee with less seniority in a position for which the Employee has the ability to perform the work;
(ii) at the Employee’s option, take a position which is vacant and for which the Employee has the ability to perform the work; or
(iii) at the Employee’s option, accept layoff with the right of recall. If an Employee elects (i) or (ii) and the Employer determines that the Employee does not have the ability to perform the work of the position selected, the Employer shall inform the Employee and the Local of such within 10 consecutive calendar days, exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays, of the Employee making such selection. The Employee shall then have the right to make another selection in accordance with Article 15.04.
(b) An Employee exercising the right to displace another Employee or to take a vacant position pursuant to Article 15.04(a) shall within 72 hours, exclusive of Saturdays, Sundays or Named Holidays, of receipt of written notice from the Employer of the elimination of the Employee’s position or displacement, advise the Employer, in writing, of their decision, including the name of the Employee they wish to displace or the vacant position they wish to take. Where there is more than one (1) Employee on that unit with an equivalent full-time equivalency, Shift pattern, and length of Shift, to that of the selected position, the Employee shall displace the least senior of such Employees. Where the Employee fails to exercise such right within the specified time limit, the Employee shall be deemed to have waived the right to displace another Employee or take a vacant position and the Employer shall:
(i) place the Employee in any available vacant position of the Employer’s choice for which the Employee has the ability to perform the work and is within a radius of 50 kilometers from the current site (an Employee may elect to be laid off, with recall rights if the position is located at a site outside the boundaries of the municipality in which the current site is located); or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article
Displacement. If the employee has not been selected to a vacancy/placement opportunity within one year after the surplus date he/she will be given displacement opportunities available in Article 11 and all other terms and conditions of Article 11 will apply, except for Article 11.
Displacement. In the event there are no vacancies as listed in (a), the employee shall have the right, upon request, to be returned to any classification in the Department/Agency at the same or lower level in which permanent status had formerly been held and the regular layoff procedure in that same or lower level shall apply. For the purpose of computing total service in the new class, the employee shall be given credit for all time served in the class which the employee is leaving, plus any time previously served in the class to which the employee is being returned.
Displacement. 1. Except as stated in items 3 of this section below, an employee whose position has been eliminated shall be permitted, in total seniority order within the respective job classification, to transfer to a lateral or lower classification within the employee's department. This transfer shall occur only when a position in such classification is either vacant or occupied by another employee with less total seniority as calculated from their present date of hire. On taking a lower classification, the employee shall be paid at the highest rate of the lower classification which is not greater than the rate earned prior to the displacement.
2. In such instances as outlined in subsection 1 immediately above, employees must meet the minimum qualifications of the newly assigned position.
3. Employees displaced from a job because the positions have been deleted or replaced by higher classified employees with more seniority, shall be eligible to transfer to the same or lower title in another department, where the employees last served prior to their current assignment, if:
a. they served in that title and in that department where a vacancy or employees with lesser seniority exist, and
b. the Department Executive of the department to which the transfer is to be made approves such transfer if said department is any of the following: City Council, City Manager, City Attorney, or Management Services Department.
4. Employees who are reduced in classification shall be returned to their previous higher classification and department when vacancies occur within a three-year period of the reduction. Such return will not require qualifying through testing or placement on an employment list. Where the return involves returning to probationary status within six (6) months following demotion, the time spent in probationary status before the demotion occurred shall be applied toward permanent status.
5. Employees in a provisional status in a higher classification shall be returned to their permanent classification prior to layoff in order to determine their availability for displacement or reassignment.
6. Where three (3) or more employees exist in a classification within a department, the department shall not be required to lose more than fifty
Displacement. 14.5.1 An employee who has completed his / her probationary period, who has received notice of lay-off pursuant to Article 14.3, who has elected for displacement, and who has not been assigned to a targeted direct assignment by the beginning of the sixth month of the surplus notice period in accordance with the criteria of Article 14.4 shall have the right to displace an employee in the same Ministry who shall be identified by the Employer in the following manner: To be eligible to displace, the employee must by the end of the third month, submit the Displacement Election Form which indicates he/she elects to exercise his/her right to displacement pursuant to Article 14.5.
(a) The Employer will identify the employee with the least seniority in the same classification and the same Ministry as the employee's surplus position. If such employee has less seniority than the surplus employee, he / she shall be displaced by the surplus employee provided that:
(i) such employee's headquarters is located within a forty (40) kilometre radius of the headquarters of the surplus employee; and
(ii) the surplus employee is qualified to perform the required duties of the identified employee.
(b) If the surplus employee is not qualified to perform the required duties of the least senior employee identified under paragraph (a) above, the Employer will continue to identify, in reverse order of seniority, employees in the same classification and in the same Ministry until a less senior employee is found within forty (40) kilometres of the surplus employee's headquarters. The identified employee shall be displaced by the surplus employee provided he / she is qualified to perform the required duties.
(c) Failing displacement under paragraphs (a) or (b) above, the Employer will identify, in reverse order of seniority, employees in the classes in the same class series in descending order until an employee with less seniority is found in the same Ministry within forty (40) kilometres of the surplus employee's headquarters. The identified employee shall be displaced by the surplus employee provided he / she is qualified to perform the required duties.
(d) Failing displacement under paragraphs (a), (b) or (c) above, if the employee requests, the Employer will repeat the steps specified in paragraphs (a), (b) and (c) with respect to positions beyond a forty (40) kilometre radius of his / her headquarters. No relocation expenses will be paid.
(e) Failing displacement under (a), (b), (c...
Displacement. In those instances where seniority is involved (i.e., when selecting from teachers with comparable evaluations), a teacher affected by a reduction in force will displace another teacher who holds the lowest position on the seniority list in another area of certification/licensure provided he/she holds a valid certification/licensure in the area, unless there is a teacher or teachers in a lower effectiveness rating category, in which case the displaced teacher must bump the least senior teacher in the lowest effectiveness rating category available. However, in this circumstance, such displacement may not occur if the result is to retain a limited contract teacher over a continuing contract teacher.
Displacement. (a) A laid off or displaced Employee may only displace into a vacant position in the Health Region or they may displace an Employee in an equal or lower paid classification and may only displace an Employee in the same pre-existing Agency or Facility, with less seniority, subject to the Employee having the qualifications and sufficient ability for the position.
(b) Except in exceptional circumstances, failure by an Employee to exercise her displacement rights within a locally agreed to time period, shall result in her being laid off and placed on re- employment.
(c) Employee(s) exercising their displacement rights are subject to a trial period as identified in Article 22.
Displacement. An Employee who is subject to layoff may elect to participate in the process of displacement subject to the following rules:
i. An Employee must notify the University of their election to participate in the process of displacement within 5 Business Days following the notice of layoff;
ii. The displacement shall be of the least senior Employee whose position is in the same or lower classification, provided the displacing Employee can perform the job of the equal or lower paying classification without training other than orientation;
iii. Seniority shall be determined by reference to the seniority list maintained in accordance with Article 14.02 a as that list exists on the date of layoff;
iv. The displacement will take effect on the date of layoff; and
v. A displaced Employee will be entitled to participate in Recall in accordance with Article 17.04.
Displacement. An employee who has completed his/her probationary period and who is subject to lay-off as a surplus employee shall have the right to displace an employee who shall be identified by the Employer in the following manner and sequence:
(a) Within the surplus employee’s work area, the Employer will identify the permanent part-time employee with the least seniority in the same class in which the surplus employee is presently working and if such employee has less seniority than the surplus employee, he/she shall be displaced by the surplus employee, provided that the surplus employee is qualified to perform the work of such employee.
(b) Failing the opportunity for displacement under (a) above, the Employer will review the classes in the same class series within the surplus employee’s work area, in descending order, until a class is found in which the permanent part-time employee with the least seniority in the class has less seniority than the surplus employee. Such employee shall be displaced by the surplus employee, provided that the surplus employee is qualified to perform the work of such employee.
(c) Failing the opportunity for displacement under (b) above, the Employer will review the classes in any other class series in which the surplus employee has served since his/her appointment date within the surplus employee’s work area, in descending order, until a class is found in which the permanent part- time employee with the least seniority in the class has less seniority than the surplus employee. Such employee shall be displaced by the surplus employee, provided the surplus employee is qualified to perform the work of such employee.
(i) Failing the opportunity for displacement under
Displacement. A non-probationary teacher may be displaced as a result of a drop in enrollment; turnaround; phase-out; reduction in program; or reduction in building, including closure, consolidation or reconstitution.
