Common use of Displacement Procedure Clause in Contracts

Displacement Procedure. (a) 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, an employee in receipt of layoff notice has, subject to Article 35.02(e), the right to displace another employee. The employee to be displaced shall be an employee with lesser seniority who: (i) is the least senior employee in the displacing employee’s classification/classification grouping; or (ii) where no such junior employee exists, the least senior employee in any classification/classification grouping in the displacing employee’s bargaining unit. (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 maximum salary of which is less than the maximum salary of the employee’s current classification, the employee shall be paid the salary of the classification of the employee’s new position.

Displacement Procedure. (a) 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, an employee in receipt of layoff notice has, subject to Article 35.02(e), the right to displace another employee. The employee to be displaced shall be an employee with lesser seniority who: (i) is the least senior employee in the displacing employee’s classification/classification / classification grouping; or (ii) where no such junior employee exists, the least senior employee in any classification/classification grouping in the displacing employee’s bargaining unit. (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 maximum salary of which is less than the maximum salary of the employee’s current classification, the employee shall be paid the salary of the classification of the employee’s new position.

Displacement Procedure. ‌ (a) 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, an employee in receipt of layoff notice has, subject to Article 35.02(e), the right to displace another employee. The employee to be displaced shall be an employee with lesser seniority who: (i) is the least senior employee in the displacing employee’s classification/classification grouping; or (ii) where no such junior employee exists, the least senior employee in any classification/classification grouping in the displacing employee’s bargaining unit. (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 maximum salary of which is less than the maximum salary of the employee’s current classification, the employee shall be paid the salary of the classification of the employee’s new position.