Common use of Displacement Procedure Clause in Contracts

Displacement Procedure. (i) Where the Employer is to reduce the staff compliment in a classification within a site, the least senior Employee within the classification to be reduced shall be displaced. (ii) Where the displaced least senior Employee in the classification at the site is not the least senior Employee in the classification group (where groups are established by agreement with the Union) then the displaced Employee shall further displace the least senior Employee in the classification group at the site. (iii) Where the displaced Employee is the least senior Employee in the classification or classification group, the Employee may displace the least senior Employee in the department as defined by the Employer within 90 days of the signing of the Collective Agreement (within their bargaining unit and site) for which the Employee meets the threshold requirements of the position. (iv) Where the displaced Employee is the least senior Employee in the classification or classification group, the Employee may displace the least senior Employee in the Bargaining Unit in the site for which the Employee meets the threshold requirements of the position. (v) Where the Employee is unable to meet the threshold requirements of a position of an Employee with the least seniority at the site or chooses to transfer to a position elsewhere in the DHA, the Employee may displace the least senior Employee in the displaced Employee’s classification or classification group at the site of the Employee’s choice. (vi) A displaced Employee may displace the least senior Employee in the Bargaining Unit. (vii) Where the Parties mutually agree that an Employee’s displacement choice has proven unworkable, the Employee will be allowed to exercise their full rights under Article 16.07(b).

Appears in 6 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Displacement Procedure. (a) Subject to consideration of ability, experience, qualifications, or where the Employer establishes that special skills or qualification are required, according to objective tests or standards reflecting the functions of the job concerned, an Employee in receipt of layoff notice has, the right to displace another Employee. The Employee to be displaced shall be an Employee with lesser seniority who: (i) Where the Employer is to reduce the staff compliment in a classification within a site, the least senior Employee within the classification to be reduced shall be displaced. (ii) Where the displaced least senior Employee in the classification at the site is not Is the least senior Employee in the displacing Employee’s classification group / classification grouping who has the same designated percentage of full-time employment; or (where groups are established by agreement with the Unionii) then the displaced Where no such junior Employee shall further displace exists, the least senior Employee in any classification / classification grouping who has the classification group at the site. (iii) Where the displaced Employee is the least senior Employee in the classification or classification group, the Employee may displace the least senior Employee in the department as defined by the Employer within 90 days same designated percentage of the signing of the Collective Agreement (within their bargaining unit and site) for which the Employee meets the threshold requirements of the position. (iv) Where the displaced Employee is the least senior Employee in the classification or classification group, the Employee may displace the least senior Employee in the Bargaining Unit in the site for which the Employee meets the threshold requirements of the position. (v) Where the Employee is unable to meet the threshold requirements of a position of an Employee with the least seniority at the site or chooses to transfer to a position elsewhere in the DHA, the Employee may displace the least senior Employee in the displaced Employee’s classification or classification group at the site of the Employee’s choice. (vi) A displaced Employee may displace the least senior Employee full-time employment in the Bargaining Unit. (viiiii) At each of the above steps, the displacing Employee may elect to displace the least senior Employee with a lower designation of full- time employment. (b) An Employee who chooses to exercise rights in accordance with Article 32.17 may elect at any step, beginning with Article 32.15, to accept layoff and be placed on the recall list or to resign with severance pay in accordance with Article 32.24(g)(ii). (c) An Employee who is displaced pursuant to Article 32 shall be entitled to: (i) take the Transition Support Program, or, (ii) go on the Recall List, or (iii) subject to consideration of ability, experience, qualifications, or where the Employer establishes that special skills or qualifications are required, according to objective tests or standards reflecting the functions of the job concerned be placed in any vacancy in any bargaining unit. (d) An Employee will have a maximum of two (2) full days to exercise her rights at any of the foregoing steps of the displacement procedures provided for herein. (e) Where an Employee accepts a position in a classification, the Parties mutually agree that an maximum salary of which is less than the maximum salary of the Employee’s displacement choice has proven unworkablecurrent classification, the Employee will shall be allowed to exercise their full rights under Article 16.07(b)paid the salary of the classification of the Employee’s new position.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Displacement Procedure. (i) Where the Employer A. When a general layoff is necessitated it shall be accomplished by laying off temporary and probationary employees first. Should it become necessary to further reduce the staff compliment work force, then permanent employees shall be laid off in inverse order of their appointment on a permanent basis in the classified service. B. A permanent incumbent in a classification within position in a sitespecific title to which there is a direct line of promotion who is displaced, shall displace, in the least senior Employee within order of appointment on a permanent basis in the classification to be reduced classified service, incumbents serving in positions in the same layoff unit in the next lower occupied title in direct line of promotion who shall be displaced. (ii) Where the displaced least senior Employee in the classification at the site is not the least senior Employee order prescribed in the classification group (where groups are established by agreement with the Union) then the displaced Employee subdivision “A” of this Section, provided, however, that no incumbent shall further displace the least senior Employee in the classification group at the site. (iii) Where the displaced Employee is the least senior Employee in the classification or classification group, the Employee may displace the least senior Employee in the department as defined by the Employer within 90 days of the signing of the Collective Agreement (within their bargaining unit and site) for which the Employee meets the threshold requirements of the position. (iv) Where the displaced Employee is the least senior Employee in the classification or classification group, the Employee may displace the least senior Employee in the Bargaining Unit in the site for which the Employee meets the threshold requirements of the position. (v) Where the Employee is unable to meet the threshold requirements any other incumbent having greater retention standing. If a permanent incumbent of a position of an Employee is displaced from a position in a title for which there are no lower level occupied positions in direct line or promotion, he/she shall displace the incumbent with the least seniority at the site or chooses to transfer to retention right who is serving in a position elsewhere in the DHA, title in which the Employee may displace the least senior Employee displacing incumbent last served on a permanent basis prior to service in the position in the title from which he/she is displaced Employee’s classification or classification group at the site if: 1) The service of the Employee’s choicedisplacing incumbent while in such former title was satisfactory, and 2) The position of the junior incumbent is in: a. the competitive class, and b. the layoff unit from which the displacing incumbent was displaced, and c. a lower salary grade than the position from which the displacing incumbent is displaced, provided, however, that no incumbent shall displace any other incumbent having greater retention standing. (vi) A displaced Employee may displace the least senior Employee in the Bargaining Unit. (vii) Where the Parties mutually agree that an Employee’s displacement choice has proven unworkable, the Employee will be allowed C. The refusal of any employee to exercise their full the rights under Article 16.07(b)pursuant to this Section shall constitute a waiver of any future claim to any position afforded through the use of this procedure.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Displacement Procedure. (a) Subject to consideration of ability, experience, qualifications, or where the Employer establishes that special skills or qualification are required, according to objective tests or standards reflecting the functions of the job concerned, an Employee in receipt of layoff notice has, the right to displace another Employee. The Employee to be displaced shall be an Employee with lesser seniority who: (i) Where the Employer is to reduce the staff compliment in a classification within a site, the least senior Employee within the classification to be reduced shall be displaced. (ii) Where the displaced least senior Employee in the classification at the site is not Is the least senior Employee in the displacing Employee’s classification group / classification grouping who has the same designated percentage of full-time employment; or (where groups are established by agreement with the Unionii) then the displaced Where no such junior Employee shall further displace exists, the least senior Employee in any classification / classification grouping who has the classification group at the site. (iii) Where the displaced Employee is the least senior Employee in the classification or classification group, the Employee may displace the least senior Employee in the department as defined by the Employer within 90 days same designated percentage of the signing of the Collective Agreement (within their bargaining unit and site) for which the Employee meets the threshold requirements of the position. (iv) Where the displaced Employee is the least senior Employee in the classification or classification group, the Employee may displace the least senior Employee in the Bargaining Unit in the site for which the Employee meets the threshold requirements of the position. (v) Where the Employee is unable to meet the threshold requirements of a position of an Employee with the least seniority at the site or chooses to transfer to a position elsewhere in the DHA, the Employee may displace the least senior Employee in the displaced Employee’s classification or classification group at the site of the Employee’s choice. (vi) A displaced Employee may displace the least senior Employee full-time employment in the Bargaining Unit. (viiiii) At each of the above steps, the displacing Employee may elect to displace the least senior Employee with a lower designation of full- time employment. (b) An Employee who chooses to exercise rights in accordance with Article 32.17 may elect at any step, beginning with Article 32.15, to accept layoff and be placed on the recall list or to resign with severance pay in accordance with Article 32.24(g)(ii). (c) An Employee who is displaced pursuant to Article 32 shall be entitled to: (i) take the Transition Support Program, or, (ii) go on the Recall List, or (iii) subject to consideration of ability, experience, qualifications, or where the Employer establishes that special skills or qualifications are required, according to objective tests or standards reflecting the functions of the job concerned be placed in any vacancy in any bargaining unit. (d) An Employee will have a maximum of two (2) full days to exercise their rights at any of the foregoing steps of the displacement procedures provided for herein. (e) Where an Employee accepts a position in a classification, the Parties mutually agree that an maximum salary of which is less than the maximum salary of the Employee’s displacement choice has proven unworkablecurrent classification, the Employee will shall be allowed to exercise their full rights under Article 16.07(b)paid the salary of the classification of the Employee’s new position.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Displacement Procedure. (a) Subject to consideration of ability, experience, qualifications, or where the Employer establishes that special skills or qualification are required, according to objective tests or standards reflecting the functions of the job concerned, an Employee in receipt of layoff notice has, the right to displace another Employee. The Employee to be displaced shall be an Employee with lesser seniority who: (i) Where the Employer is to reduce the staff compliment in a classification within a site, the least senior Employee within the classification to be reduced shall be displaced. (ii) Where the displaced least senior Employee in the classification at the site is not Is the least senior Employee in the displacing Employee’s classification group / classification grouping who has the same designated percentage of full-time employment; or (where groups are established by agreement with the Unionii) then the displaced Where no such junior Employee shall further displace exists, the least senior Employee in any classification / classification grouping who has the classification group at the site. (iii) Where the displaced Employee is the least senior Employee in the classification or classification group, the Employee may displace the least senior Employee in the department as defined by the Employer within 90 days same designated percentage of the signing of the Collective Agreement (within their bargaining unit and site) for which the Employee meets the threshold requirements of the position. (iv) Where the displaced Employee is the least senior Employee in the classification or classification group, the Employee may displace the least senior Employee in the Bargaining Unit in the site for which the Employee meets the threshold requirements of the position. (v) Where the Employee is unable to meet the threshold requirements of a position of an Employee with the least seniority at the site or chooses to transfer to a position elsewhere in the DHA, the Employee may displace the least senior Employee in the displaced Employee’s classification or classification group at the site of the Employee’s choice. (vi) A displaced Employee may displace the least senior Employee full-time employment in the Bargaining Unit. (viiiii) At each of the above steps, the displacing Employee may elect to displace the least senior Employee with a lower designation of full-time employment. (b) An Employee who chooses to exercise rights in accordance with Article 32.17 may elect at any step, beginning with Article 32.15, to accept layoff and be placed on the recall list or to resign with severance pay in accordance with Article 32.24(g)(ii). (c) An Employee who is displaced pursuant to Article 32 shall be entitled to: (i) take the Transition Support Program, or, (ii) go on the Recall List, or (iii) subject to consideration of ability, experience, qualifications, or where the Employer establishes that special skills or qualifications are required, according to objective tests or standards reflecting the functions of the job concerned be placed in any vacancy in any bargaining unit. (d) An Employee will have a maximum of two (2) full days to exercise their rights at any of the foregoing steps of the displacement procedures provided for herein. (e) Where an Employee accepts a position in a classification, the Parties mutually agree that an maximum salary of which is less than the maximum salary of the Employee’s displacement choice has proven unworkablecurrent classification, the Employee will shall be allowed to exercise their full rights under Article 16.07(b)paid the salary of the classification of the Employee’s new position.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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