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
Appears in 7 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Displacement. (a) An If a Regular Employee whose position is eliminated by the Employer or who is displaced removed from a position, such Employee shall be eligible to displace in accordance with this Article shall37.03 (b) and (c), provided subject to the Employee has not less than 24 months of seniorityfollowing conditions:
(i) have the right to displace an Employee with less seniority in a position for which the removed Employee has the ability required qualifications to perform the workduties of the position in that pay grade and classification;
(ii) at the Employee’s optionposition in that pay grade and classification will not be deleted within sixty (60) calendar days;
(iii) the Employee to be displaced has less seniority;
(iv) if an Employee chooses not to fill a vacant position, take or displace, the Employee will have no further option to displace but will be provided the opportunity to consider other available vacancies;
(v) if an Employee chooses not to displace in accordance with Articles 37.03(b) or (c), they shall only remain eligible to fill a vacant position or be laid off.
(b) In the event a Regular Full-time Employee is removed from a position which is subject to Article 37.03(a), they shall have the option to fill one of the following positions:
(i) A vacant and for which full-time position in the same classification; if not available then
(ii) displace the least senior Full-time Employee has in the ability to perform the worksame classification; or
(iii) at a vacant full-time position in the Employee’s optionsame pay grade; if not available, accept layoff with then
(iv) displace the right of recall. If an least senior Full-time Employee elects in the same pay grade; or
(iv) a vacant full-time position in a lower pay grade; if not available, then
(vi) displace the least senior Full-time Employee in a lower pay grade; or
(vii) exercise their rights under Article 37.03(c).
(c) In the event that a Regular Employee is not eligible to fill a vacant position 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 displace in accordance with Article 15.04.
(b) An Employee exercising the right to displace another Employee or to take a vacant position pursuant 37.03(b), subject to Article 15.04(a) shall within 72 hours37.04(c), exclusive of Saturdays, Sundays or Named Holidays, of receipt of written notice from such Regular Employee will be provided the Employer opportunity to fill one 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 shallfollowing positions:
(i) place a vacant benefit eligible part-time position in the same classification; if not available, then
(ii) displace the least senior benefit-eligible Part-time 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)same classification; or
(iiiii) a vacant benefit-eligible part-time position in the absence same pay grade; if not available then
(iv) displace the least senior benefit-eligible Part-time Employee in the same pay grade; or
(v) a vacant part-time benefit eligible position in a lower classification or pay grade; if not available, then
(vi) displace the least senior benefit eligible Part-time Employee in a lower classification or pay grade; or
(vii) a vacant part-time position in the same classification or pay grade; if not available, then
(viii) displace the least senior Part-time Employee in the same classification or pay grade; or
(ix) a vacant part-time position in a lower classification and pay grade; if not available, then
(x) displace the least senior Part-time Employee; or
(xi) be laid off
(d) A Regular Employee displaced due to the provisions of such this Article shall be eligible to be placed into a vacancy effect a layoff vacant position or to displace another Regular Employee in accordance with the provisions of this Article.
(e) Where there are no positions available within her current facility in accordance with the above, the Employee may select a vacant position within the Bargaining Unit in another facility in the same classification and with the equivalent or lesser FTE as her current position. Placement of an Employee in a vacant position within the Bargaining Unit in another facility, pursuant to this Article, is not a contravention of this Collective Agreement.
(f) Notwithstanding the foregoing, layoff and displacement procedures for Maintenance Services employees are on the basis of the employee with the least seniority to be the first affected and may apply across the Bargaining Unit.
Appears in 5 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
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, have the option to:
(i) have take a position which is vacant and for which the right Employee has the ability to perform the work;
(ii) 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. An Employee who voluntarily accepts layoff and recall shall not be eligible for the provisions under the Letter of Understanding Re: Severance. 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 Union of such within 10 ten 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(a15.03(a) shall within 72 48 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 her or his decision, including the name of the Employee they wish she or he wishes to displace or the vacant position they wish she or he wishes 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, The Employer may agree to that of extend the selected position, the Employee shall displace the least senior of such Employees48 hour timeline if necessary. 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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.02 by serving notice pursuant to Article 15.01.
(c) Where an Employee with less than 24 months of seniority has her or his position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.02 by serving notice pursuant to Article 15.01.
(d) Where an Employee’s position is eliminated and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she or he is employed exceeds that of the Employee.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
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 1816: Named Holidays, of the Employee making such selection. The Employee shall then have the right to make another selection in accordance with Article 15.0414.04.
(b) An Employee exercising the right to displace another Employee or to take a vacant position pursuant to Article 15.04(a14.04(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 14.03 by serving notice pursuant to Article 14.02.
(c) Where an Employee with less than 24 months of seniority has their position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 14.03 by serving notice pursuant to Article 14.02.
(d) Where an Employee’s position is eliminated, and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she or he is employed exceeds that of the Employee.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
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, have the option to:
(i) have take a position which is vacant and for which the right Employee has the ability to perform the work;
(ii) 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. An Employee who voluntarily accepts layoff and recall shall not be eligible for the provisions under the Letter of Understanding Re: Severance. 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 Union 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(a15.03(a) shall within 72 48 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 her or his decision, including the name of the Employee they wish she or he wishes to displace or the vacant position they wish she or he wishes to take. Where there is more than one (1) Employee on that unit with an equivalent full-The Employer may agree to extend the 48 hour time equivalency, Shift pattern, and length of Shift, to that of the selected position, the Employee shall displace the least senior of such Employeeslimit if necessary. 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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.02 by serving notice pursuant to Article 15.01.
(c) Where an Employee with less than 24 months of seniority has her or his position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.02 by serving notice pursuant to Article 15.01.
(d) Where an Employee’s position is eliminated and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she or he is employed exceeds that of the Employee.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
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 15.03 by serving notice pursuant to Article 15.02.
(c) Where an Employee with less than 24 months of seniority has their position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.03 by serving notice pursuant to Article 15.02.
(d) Where an Employee’s position is eliminated, and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she or he is employed exceeds that of the Employee.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
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 twenty-four (24) months of seniority:
(i) have the right to displace an Employee in the same classification 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 in the same classification 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 ten (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 seventy-two (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 in the same classification 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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.03 by serving notice pursuant to Article 15.02.
(c) Where an Employee with less than twenty-four (24) months of seniority has their position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position in the same classification which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.03 by serving notice pursuant to Article 15.02.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
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 twenty-four (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;; or
(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. .
(iv) 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 Union of such within 10 ten (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 or to displace another Employee pursuant to Article 15.04(a) shall shall, within 72 seventy-two (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-full- time equivalencyequivalency (FTE), 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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.03 by serving notice pursuant to Article 15.02.
(c) Where an Employee with less than twenty-four (24) months of seniority has their position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.03 by serving notice pursuant to Article 15.02.
(d) Where an Employee’s position is eliminated, and where an Employee is displaced as a result of a procedure under this Article such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which the Employee is employed exceeds that of the Employee, or for a period of not less than twelve (12) months.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
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 1817: Named Holidays, of the Employee making such selection. The Employee shall then have the right to make another selection in accordance with Article 15.0414.04.
(b) An Employee exercising the right to displace another Employee or to take a vacant position pursuant to Article 15.04(a14.04(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-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 14.03 by serving notice pursuant to Article 14.02.
(c) Where an Employee with less than 24 months of seniority has their position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 14.03 by serving notice pursuant to Article l4.02.
(d) Where an Employee’s position is eliminated, and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she or he is employed exceeds that of the Employee.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
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 twenty-four (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;; or
(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 Union of such within 10 ten (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 15.0415.05.
(b) An Employee exercising the right to displace another Employee or to take a vacant position pursuant to Article 15.04(a15.05(a) shall within 72 seventy-two (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 her or his decision, including the name of the Employee they wish she or he wishes to displace or the vacant position they wish she or he wishes to take. Where there is more than one (1) Employee on that unit with an equivalent full-time equivalency, Shift shift pattern, and length of Shiftshift, 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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.03 by serving notice pursuant to Article 15.02.
(c) Where an Employee with less than twenty-four (24) months of seniority has her or his position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.03 by serving notice pursuant to Article 15.02.
(d) Where an Employee’s position is eliminated, and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she or he is employed exceeds that of the Employee.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
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 Union of such within 10 ten consecutive calendar days, exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 1816: 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(a13.04(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 her or his decision, including the name of the Employee they wish she or he wishes to displace or the vacant position they wish she or he wishes 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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 13.03 by serving notice pursuant to Article 13.02.
(c) Where an Employee with less than 24 months of seniority has her or his position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 13.03 by serving notice pursuant to Article 13.02.
(d) Where an Employee’s position is eliminated, and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she or he is employed exceeds that of the Employee.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification.
Appears in 1 contract
Samples: Collective Agreement
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, have the option to:
(i) have take a position which is vacant and for which the right Employee has the ability to perform the work;
(ii) 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. An Employee who voluntarily accepts layoff and recall shall not be eligible for the provisions under the Letter of Understanding Re: Severance. 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 Union of such within 10 ten (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 48 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, The Employer may agree to that of extend the selected position, the Employee shall displace the least senior of such Employees48 hour timeline if necessary. 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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.03 by serving notice pursuant to Article 15.02.
(c) Where an Employee with less than 24 months of seniority has their position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.03 by serving notice pursuant to Article 15.02.
(d) Where an Employee’s position is eliminated and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which they are employed exceeds that of the Employee.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification.
Appears in 1 contract
Samples: Collective Agreement
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, have the option to:
(i) have take a position which is vacant and for which the right Employee has the ability to perform the work;
(ii) 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. An Employee who voluntarily accepts layoff and recall shall not be eligible for the provisions under the Letter of Understanding Re: Severance. 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 Union of such within 10 ten 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(a15.03(a) shall within 72 48 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 her or his decision, including the name of the Employee they wish she or he wishes to displace or the vacant position they wish she or he wishes 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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.02 by serving notice pursuant to Article 15.01.
(c) Where an Employee with less than 24 months of seniority has her or his position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.02 by serving notice pursuant to Article 15.01.
(d) Where an Employee’s position is eliminated and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she or he is employed exceeds that of the Employee.
Appears in 1 contract
Samples: Collective Agreement
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 Union of such within 10 consecutive calendar days, exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 1816: Named Holidays, of the Employee making such selection. The Employee shall then have the right to make another selection in accordance with Article 15.0413.04.
(b) An Employee exercising the right to displace another Employee or to take a vacant position pursuant to Article 15.04(a13.04(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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 13.03 by serving notice pursuant to Article 13.02.
(c) Where an Employee with less than 24 months of seniority has their position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 13.03 by serving notice pursuant to Article 13.02.
(d) Where an Employee’s position is eliminated, and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she or he is employed exceeds that of the Employee.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification.
Appears in 1 contract
Samples: Collective Agreement
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-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 15.03 by serving notice pursuant to Article 15.02.
(c) Where an Employee with less than 24 months of seniority has their position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.03 by serving notice pursuant to Article 15.02.
(d) Where an Employee’s position is eliminated, and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she or he is employed exceeds that of the Employee.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification.
Appears in 1 contract
Samples: Collective Agreement
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 within the bargaining unit for which the Employee has the ability to perform the work;
(ii) at the Employee’s option, take a position which is vacant within the bargaining unit 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 1816: Named Holidays, of the Employee making such selection. The Employee shall then have the right to make another selection in accordance with Article 15.0413.04.
(b) An Employee exercising the right to displace another Employee or to take a vacant position pursuant to Article 15.04(a13.04(a) shall within 72 48 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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 13.03 by serving notice pursuant to Article 13.02.
(c) Where an Employee with less than 24 months of seniority has their position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 13.03 by serving notice pursuant to Article 13.02.
(d) Where an Employee’s position is eliminated, and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she or he is employed exceeds that of the Employee.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification.
Appears in 1 contract
Samples: Collective Agreement
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 1817: Named Holidays, of the Employee making such selection. The Employee shall then have the right to make another selection in accordance with Article 15.0414.04.
(b) An Employee exercising the right to displace another Employee or to take a vacant position pursuant to Article 15.04(a14.04(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 14.03 by serving notice pursuant to Article 14.02.
(c) Where an Employee with less than 24 months of seniority has their position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 14.03 by serving notice pursuant to Article l4.02.
(d) Where an Employee’s position is eliminated, and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she or he is employed exceeds that of the Employee.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification.
Appears in 1 contract
Samples: Collective Agreement
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, have the option to:
(i) have take a position which is vacant and for which the right Employee has the ability to perform the work;
(ii) 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. An Employee who voluntarily accepts layoff and recall shall not be eligible for the provisions under the Letter of Understanding Re: Severance. 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 Union of such within 10 ten 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(a15.03(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 her or his decision, including the name of the Employee they wish she or he wishes to displace or the vacant position they wish she or he wishes 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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.02 by serving notice pursuant to Article 15.01.
(c) Where an Employee with less than 24 months of seniority has her or his position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.02 by serving notice pursuant to Article 15.01.
(d) Where an Employee’s position is eliminated and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she or he is employed exceeds that of the Employee.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification.
Appears in 1 contract
Samples: Collective Agreement
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;; or
(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 Union 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 48 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 her or his decision, including the name of the Employee they wish she or he wishes to displace or the vacant position they wish she or he wishes to take. Where there is more than one (1) Employee on that unit with an equivalent full-time equivalency, Shift shift pattern, and length of Shiftshift, 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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.03 by serving notice pursuant to Article 15.02.
(c) Where an Employee with less than 24 months of seniority has her or his position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.03 by serving notice pursuant to Article 15.02.
(d) Where an Employee’s position is eliminated, and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she or he is employed exceeds that of the Employee.
Appears in 1 contract
Samples: Collective Agreement
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 Union of such within 10 consecutive calendar days, exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 1816: Named Holidays, of the Employee making such selection. The Employee shall then have the right to make another selection in accordance with Article 15.0413.04.
(b) An Employee exercising the right to displace another Employee or to take a vacant position pursuant to Article 15.04(a13.04(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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 13.03 by serving notice pursuant to Article 13.02.
(c) Where an Employee with less than 24 months of seniority has their position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 13.03 by serving notice pursuant to Article 13.02.
(d) Where an Employee’s position is eliminated, and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which they are employed exceeds that of the Employee.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification.
Appears in 1 contract
Samples: Collective Agreement
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, have the option to:
(i) have take a position which is vacant and for which the right Employee has the ability to perform the work;
(ii) 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. An Employee who voluntarily accepts layoff and recall shall not be eligible for the provisions under the Letter of Understanding Re: Severance. 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 Union of such within 10 ten (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(a15.03(a) shall within 72 48 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 the Employee wishes to take. Where there is more than one (1) Employee on that unit with an equivalent full-The Employer may agree to extend the 48 hour time equivalency, Shift pattern, and length of Shift, to that of the selected position, the Employee shall displace the least senior of such Employeeslimit if necessary. 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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.02 by serving notice pursuant to Article 15.01.
(c) Where an Employee with less than 24 months of seniority has their position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.02 by serving notice pursuant to Article 15.01.
(d) Where an Employee’s position is eliminated and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she or he is employed exceeds that of the Employee.
Appears in 1 contract
Samples: Collective Agreement
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 twenty-four (24) months of seniority:
(i) have the right to displace an Employee within the bargaining unit 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 within the bargaining unit 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 Union of such within 10 ten (10) consecutive calendar days, exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 1816: Named Holidays, of the Employee making such selection. The Employee shall then have the right to make another selection in accordance with Article 15.0413.04.
(b) An Employee exercising the right to displace another Employee or to take a vacant position pursuant to Article 15.04(a13.04(a) shall within 72 seventy-two (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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article
Appears in 1 contract
Samples: Collective Agreement
Displacement. (a) An Employee whose position is eliminated by the Employer or who is displaced in accordance with this Article shall, provided the Employee she has not less than 24 twenty-four (24) months of seniority:
(i) , have the right to displace an Employee with less seniority in a position for which the Employee she has the ability to perform the work;
(ii) work or, at the Employee’s her option, take a position which is vacant and for which the Employee she 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 her right to displace another Employee or to take a vacant position pursuant to Article 15.04(a15.03(a) shall within 72 forty-eight (48) hours, exclusive of Saturdays, Sundays or Named Holidays, of receipt of written notice from the Employer of the elimination of the Employee’s her position or displacement, advise the Employer, in writing, of their her decision, including the name of the Employee they wish she wishes to displace or the vacant position they wish she wishes to take. Where there is more than one (1) Employee on that unit with an equivalent full-time equivalency, Shift shift pattern, and length of Shiftshift, 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 she shall be deemed to have waived the her right to displace another Employee or take a vacant position and the Employer shall:
(i) place the Employee her in any available vacant position of the Employer’s choice for which the Employee she 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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.02 by serving notice pursuant to Article 15.01.
(c) Where an Employee with less than twenty-four (24) months of seniority has her position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which she has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.02 by serving notice pursuant to Article 15.01.
(d) Where an Employee’s position is eliminated, and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she is employed exceeds that of the Employee.
Appears in 1 contract
Samples: Collective Agreement
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 Union 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-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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.03 by serving notice pursuant to Article 15.02.
(c) Where an Employee with less than 24 months of seniority has their position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.03 by serving notice pursuant to Article 15.02.
(d) Where an Employee’s position is eliminated, and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she or he is employed exceeds that of the Employee.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification
Appears in 1 contract
Samples: Collective Agreement
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 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 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 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 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 15.03 by serving notice pursuant to Article 15.02.
(c) Where an Employee with less than 24 months of seniority has their position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.03 by serving notice pursuant to Article 15.02.
(d) Where an Employee‟s position is eliminated, and where an Employee is displaced as a result of a procedure under this Article, such Employee‟s rate of pay shall not be reduced until such time as the rate for the classification in which she or he is employed exceeds that of the Employee.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification.
Appears in 1 contract
Samples: Collective Agreement
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 twenty-four (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;; or
(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 Union 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 forty-eight (48) 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 she or he wishes to take. Where there is more than one (1) Employee on that unit with an equivalent full-time equivalency, Shift shift pattern, and length of Shiftshift, 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 15.03 by serving notice pursuant to Article 15.02.
(c) Where an Employee with less than twenty-four (24) months of seniority has their position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.03 by serving notice pursuant to Article 15.02.
(d) Where an Employee’s position is eliminated and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she or he is employed exceeds that of the Employee.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification.
Appears in 1 contract
Samples: Collective Agreement
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, have the option to:
(i) have take a position which is vacant and for which the right Employee has the ability to perform the work;
(ii) 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. An Employee who voluntarily accepts layoff and recall shall not be eligible for the provisions under the Letter of Understanding Re: Severance. 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 ten 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(a15.03(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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.02 by serving notice pursuant to Article 15.01.
(c) Where an Employee with less than 24 months of seniority has their position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 15.02 by serving notice pursuant to Article 15.01.
(d) Where an Employee’s position is eliminated and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which the Employee is employed exceeds that of the Employee.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification.
Appears in 1 contract
Samples: Collective Agreement
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;; or
(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 Union of such within 10 ten (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 15.0415.03.
(b) An Employee exercising the right to displace another Employee or to take a vacant position pursuant to Article 15.04(a15.03(a) shall within 72 forty-eight (48) 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 her or his decision, including the name of the Employee they wish she or he wishes to displace or the vacant position they wish she or he wishes to take. Where there is more than one (1) Employee on that unit with an equivalent full-time equivalency, Shift shift pattern, and length of Shiftshift, 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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with ArticleArticle 15.02 by serving notice pursuant to Article 15.01.
Appears in 1 contract
Samples: Collective Agreement
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 twenty-four (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;work within the same classification; or
(ii) at the Employee’s option, take a position which is vacant and for which the Employee has the ability to perform the workwork within the same classification; 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 Union of such within 10 ten (10) consecutive calendar days, exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays17, of the Employee making such selection. The Employee shall then have the right to make another selection in accordance with Article 15.0414.04.
(b) An Employee exercising the right to displace another Employee or to take a vacant position pursuant to Article 15.04(a14.04(a) shall within 72 seventy-two (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 shift pattern, and length of Shiftshift, 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 same classification (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
Appears in 1 contract
Samples: Collective Agreement
Displacement. (a) An Probationary and temporary Employees in the department affected will be laid off as expeditiously as is consistent with the continuous efficient and orderly operation of the Employer, provided that the laid off seniority Employee whose position is eliminated who displaces the probationary or temporary Employee has the ability to perform the duties of the Employee displaced.
(b) In accordance with 17.02 (b), the Employer will determine the junior Employee in the classification to be affected by the Employer layoff or reduction of hours. This Employee, who is displaced in accordance with this Article shallsubject to layoff, provided the Employee has not less than 24 months of seniority:
(i) have the right shall be entitled to displace an Employee with less seniority who is the least senior Employee 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 another classification with the right of recall. If an Employee elects (i) or (ii) and the Employer determines same pay provided that the Employee does not have the ability to perform is capable of performing 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 15.04displaced Employee.
(bc) An In the event the affected Employee exercising the right is unable 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 under (1) Employee on that unit with an equivalent full-time equivalency, Shift pattern, and length of Shift, to that of the selected positionb), the Employee shall be entitled to displace an Employee with less seniority who is
(d) In the event the affected Employee is unable to displace an Employee under (c), the Employee shall continue to be entitled to displace a less senior Employee who is the least senior of such Employees. Where Employee in the next lower pay grades, until the Employee displaces another Employee or until all classifications within the Bargaining Unit have been considered.
(e) In the event that the Employee chooses not to displace or fails to exercise such right within the specified time limitdisplace an Employee, the Employee shall be deemed to have waived accepted the right to displace another Employee or take a vacant position layoff 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 shall be laid off, 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 Recall Rights in accordance with Article17.08 (Layoff and Recall).
(f) An Employee displaced under the foregoing procedure shall exercise the rights set forth in (b), (c), (d) and (e) above.
(g) An Employee who bumps into a classification in a lower pay grade shall be placed at the step of the grid which is closest to but less than the Employee’s wage rate.
Appears in 1 contract
Samples: Collective Agreement
Displacement. (a) An Employee whose position is eliminated by the Employer or who is displaced in accordance with this Article shall, provided the Employee she has not less than 24 twenty-four (24) months of seniority:
(i) , have the right to displace an Employee with less seniority in a position for which the Employee she has the ability to perform the work;
(ii) work or, at the Employee’s her option, take a position which is vacant and for which the Employee she 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 her right to displace another Employee or to take a vacant position pursuant to Article 15.04(a13.03(a) shall within 72 seventy-two (72) hours, exclusive of Saturdays, Sundays or Named Holidays, of receipt of written notice from the Employer of the elimination of the Employee’s her position or displacement, advise the Employer, in writing, of their her decision, including the name of the Employee they wish she wishes to displace or the vacant position they wish she wishes to take. Where there is more than one (1) Employee on that unit with an equivalent full-time equivalency, Shift pattern, shift pattern and length of Shiftshift, 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 she shall be deemed to have waived the her right to displace another Employee or take a vacant position and the Employer shall:
(i) place the Employee her in any available vacant position of the Employer’s choice for which the Employee she 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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 13.02 by serving notice pursuant to Article 13.01.
(c) Where an Employee with less than twenty-four (24) months of seniority has her position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which she has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 13.02 by serving notice pursuant to Article 13.01.
(d) Where an Employee’s position is eliminated and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which she is employed exceeds that of the Employee.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification.
Appears in 1 contract
Samples: Collective Agreement
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 Union of such within 10 ten consecutive calendar days, exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 1816: 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(a13.04(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)work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 13.03 by serving notice pursuant to Article 13.02.
(c) Where an Employee with less than 24 months of seniority has their position eliminated or is displaced in accordance with this Article, the Employer shall:
(i) assign the Employee to any available position which is vacant and for which the Employee has the ability to perform the work; or
(ii) in the absence of such a vacancy effect a layoff in accordance with Article 13.03 by serving notice pursuant to Article 13.02.
(d) Where an Employee’s position is eliminated, and where an Employee is displaced as a result of a procedure under this Article, such Employee’s rate of pay shall not be reduced until such time as the rate for the classification in which the Employee is employed exceeds that of the Employee.
(e) An Employee shall not be entitled to displace an Employee in a higher rated classification.
Appears in 1 contract
Samples: Collective Agreement
Displacement. (a) An Probationary and temporary Employees in the department affected will be laid off as expeditiously as is consistent with the continuous efficient and orderly operation of the Employer, provided that the laid off seniority Employee whose position is eliminated who displaces the probationary or temporary Employee has the ability to perform the duties of the Employee displaced.
(b) In accordance with 17.02 (b), the Employer will determine the junior Employee in the classification to be affected by the Employer layoff or reduction of hours. This Employee, who is displaced in accordance with this Article shallsubject to layoff, provided the Employee has not less than 24 months of seniority:
(i) have the right shall be entitled to displace an Employee with less seniority who is the least senior Employee 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 another classification with the right of recall. If an Employee elects (i) or (ii) and the Employer determines same pay provided that the Employee does not have the ability to perform is capable of performing 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 15.04displaced Employee.
(bc) An In the event the affected Employee exercising the right is unable 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 under (1) Employee on that unit with an equivalent full-time equivalency, Shift pattern, and length of Shift, to that of the selected positionb), the Employee shall be entitled to displace an Employee with less seniority who is the least senior of such Employees. Where Employee in the next lower pay grade provided that the Employee is capable of performing the work of the displaced Employee.
(d) In the event the affected Employee is unable to displace an Employee under (c), the Employee shall continue to be entitled to displace a less senior Employee who is the least senior Employee in the next lower pay grades, until the Employee displaces another Employee or until all classifications within the Bargaining Unit have been considered.
(e) In the event that the Employee chooses not to displace or fails to exercise such right within the specified time limitdisplace an Employee, the Employee shall be deemed to have waived accepted the right to displace another Employee or take a vacant position layoff 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 shall be laid off, 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 Recall Rights in accordance with Article17.08 (Layoff and Recall).
(f) An Employee displaced under the foregoing procedure shall exercise the rights set forth in (b), (c), (d) and (e) above.
(g) An Employee who bumps into a classification in a lower pay grade shall be placed at the step of the grid which is closest to but less than the Employee’s wage rate.
Appears in 1 contract
Samples: Collective Bargaining Agreement
