Displacement. 14.5.1 An employee who has completed his / her probationary period, who has received notice of lay-off pursuant to Article 14.3, who has elected for displacement, and who has not been assigned to a targeted direct assignment by the beginning of the sixth month of the surplus notice period in accordance with the criteria of Article 14.4 shall have the right to displace an employee in the same Ministry who shall be identified by the Employer in the following manner: To be eligible to displace, the employee must by the end of the third month, submit the Displacement Election Form which indicates he/she elects to exercise his/her right to displacement pursuant to Article 14.5. (a) The Employer will identify the employee with the least seniority in the same classification and the same Ministry as the employee's surplus position. If such employee has less seniority than the surplus employee, he / she shall be displaced by the surplus employee provided that: (i) such employee's headquarters is located within a forty (40) kilometre radius of the headquarters of the surplus employee; and (ii) the surplus employee is qualified to perform the required duties of the identified employee. (b) If the surplus employee is not qualified to perform the required duties of the least senior employee identified under paragraph (a) above, the Employer will continue to identify, in reverse order of seniority, employees in the same classification and in the same Ministry until a less senior employee is found within forty (40) kilometres of the surplus employee's headquarters. The identified employee shall be displaced by the surplus employee provided he / she is qualified to perform the required duties. (c) Failing displacement under paragraphs (a) or (b) above, the Employer will identify, in reverse order of seniority, employees in the classes in the same class series in descending order until an employee with less seniority is found in the same Ministry within forty (40) kilometres of the surplus employee's headquarters. The identified employee shall be displaced by the surplus employee provided he / she is qualified to perform the required duties. (d) Failing displacement under paragraphs (a), (b) or (c) above, if the employee requests, the Employer will repeat the steps specified in paragraphs (a), (b) and (c) with respect to positions beyond a forty (40) kilometre radius of his / her headquarters. No relocation expenses will be paid. (e) Failing displacement under (a), (b), (c) or (d) above, the Employer will repeat the steps specified in paragraph (a), (b), (c) and (d) above with respect to positions in other Ministries (f) Upon the completion of five (5) months following commencement of the notice period, the Employer will advise the surplus employee of the position into which he / she is eligible to displace. (g) The surplus employee must indicate in writing to the Ministry / Agency Director of Human Resources his / her intention to displace the employee identified pursuant to paragraph (a), (b), (c), (d), or (e) above, as applicable. Written intention to displace must be received by the Designated Human Resources Contact no later than one (1) week following the date the surplus employee received advice that he / she was eligible to displace an employee pursuant to Sub-article 14.5.1 (f) above. (h) An employee who does not indicate in writing to the Designated Human Resources Contact of his / her intention to displace within the time period stipulated by Sub-article 14.5.1(g) above shall be deemed to have given up his/her right to displace and opted for redeployment under Article 14.4. 14.5.2 The first employee who is displaced by an employee exercising his / her right to displace under Sub-article 14.5.1 will have displacement rights. The employee displaced by the first displaced employee will also have displacement rights, but the employee he / she subsequently displaces will not have any such right. 14.5.3 An employee who is displaced by an employee who exercises his / her displacement right under this Article shall receive notice of lay-off or salary continuance, at the Employer's discretion. The displaced employee's notice period or salary continuance shall be for a six (6) month period. 14.5.4 Article 8.7 of Article 8 (Pay Administration) shall not apply where an employee displaces a less senior employee pursuant to Sub-article 14.5.1(c), (d) or (e), above, save and except that Article 8.7 (Red-circling) of Article 8 (Pay Administration) shall apply for the balance of the employee's notice period only. 14.5.5 Except as provided in this Article, employees who are displaced will have full access to the provisions of Article 14 (Employment Stability).
Appears in 8 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Displacement. 14.5.1 20.4.1 An employee who has completed his / or her probationary period, who has received notice of lay-off pursuant to Article 14.3, who has elected for displacement20.2 (Notice and Pay in Lieu), and who has not been assigned to a targeted direct assignment by the beginning of the sixth month of the surplus notice period in accordance with the criteria of Article 14.4 20.5 (Redeployment) to another position shall have the right to displace an employee in the same Ministry who shall be identified by the Employer in the following manner: To be eligible to displace, the employee must by the end of the third month, submit the Displacement Election Form which indicates he/she elects to exercise his/her right to displacement pursuant to Article 14.5.:
(a) The Employer will identify the employee with the least seniority in the same classification and the same Ministry ministry as the employee's surplus position. If such employee has less seniority than the surplus employee, he / or she shall be displaced by the surplus employee provided that:
(i) such employee's headquarters is located within a forty (40) kilometre radius of the headquarters of the surplus employee; and
(ii) the surplus employee is qualified to perform the required duties work of the identified employee.
(b) If the surplus employee is not qualified to perform the required duties work of the least senior employee identified under paragraph (a) above, the Employer will continue to identify, in reverse order of seniority, employees in the same classification and in the same Ministry ministry until a less senior employee is found within forty (40) kilometres of the surplus employee's headquarters. The identified employee shall be displaced by headquarters whose work the surplus employee provided he / she is qualified to perform the required dutiesperform.
(c) Failing displacement under paragraphs (a) or (b) above, the Employer will identify, in reverse order of seniority, employees in the classes in the same class series in descending order until an employee with less seniority is found in the same Ministry ministry within forty (40) kilometres of the surplus employee's headquarters. The identified employee shall be displaced by the surplus employee provided he / or she is qualified to perform the required dutieswork.
(d) Failing displacement under paragraphs (a), (b) or (c) above, the Employer will review other classes which the employee held either on a full-time basis, or who performed the full range of job duties on a temporary basis for at least twelve (12) months in the same ministry within forty (40) kilometres of the surplus employee's headquarters. The Employer will identify, in reverse order of seniority, a less senior employee in the class with the maximum salary closest to but not greater than the maximum salary of the surplus employee's current classification. The identified employee shall be displaced by the surplus employee provided he or she is qualified to perform the work.
(e) Failing displacement under paragraphs (a), (b), (c) or (d) above, if the employee requests, the Employer will repeat the steps specified in paragraphs (a), (b) and (c) with respect to positions beyond a forty (40) kilometre radius of his / her headquarters. No relocation expenses will be paid.
(e) Failing displacement under (a), (b), (c) or (d) above, the Employer will repeat the steps specified in paragraph (a), (b), (c) and (d) above with respect to positions in other Ministries
(f) Upon the completion of five (5) months following commencement of the notice period, the Employer will advise the surplus employee of the position into which he / she is eligible to displace.
(g) The surplus employee must indicate in writing to the Ministry / Agency Director of Human Resources his / her intention to displace the employee identified pursuant to paragraph (a), (b), (c), (d), or (e) above, as applicable. Written intention to displace must be received by the Designated Human Resources Contact no later than one (1) week following the date the surplus employee received advice that he / she was eligible to displace an employee pursuant to Sub-article 14.5.1 (f) above.
(h) An employee who does not indicate in writing to the Designated Human Resources Contact of his / her intention to displace within the time period stipulated by Sub-article 14.5.1(g) above shall be deemed to have given up his/her right to displace and opted for redeployment under Article 14.4.
14.5.2 The first employee who is displaced by an employee exercising his / her right to displace under Sub-article
14.5.1 will have displacement rights. The employee displaced by the first displaced employee will also have displacement rights, but the employee he / she subsequently displaces will not have any such right.
14.5.3 An employee who is displaced by an employee who exercises his / her displacement right under this Article shall receive notice of lay-off or salary continuance, at the Employer's discretion. The displaced employee's notice period or salary continuance shall be for a six (6) month period.
14.5.4 Article 8.7 of Article 8 (Pay Administration) shall not apply where an employee displaces a less senior employee pursuant to Sub-article 14.5.1(c), (d) or (e), above, save and except that Article 8.7 (Red-circling) of Article 8 (Pay Administration) shall apply for the balance of the employee's notice period only.
14.5.5 Except as provided in this Article, employees who are displaced will have full access to the provisions of Article 14 (Employment Stability).and
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Displacement. 14.5.1 An employee who has completed his / her probationary period, who has received notice Where the Company decides to reduce the number of lay-off pursuant to Article 14.3, who has elected for displacementemployees required in a part of the operation, and who has not been assigned the employees being displaced are to a targeted direct assignment by the beginning be employed in another part of the sixth month operation, such that no employee will be laid off, the following procedure will apply:
(1) The employees who are to be displaced from their job classification shall be determined in the inverse order of Bargaining Unit seniority, provided that the surplus notice period in accordance senior employees being retained can satisfactorily perform the required work.
(2) The Company will, after consultation with the criteria of Article 14.4 shall have employee and the right to displace an employee in the same Ministry who shall be identified by the Employer in the following manner: To be eligible to displaceUnion, the employee must by the end of the third month, submit the Displacement Election Form which indicates he/she elects to exercise his/her right to displacement pursuant to Article 14.5.either:
(a) The Employer will identify transfer the employee to another job classification at the operation with the least seniority in the same classification and the same Ministry as consent of the employee's surplus position. If such ; or
(b) allow the employee has less seniority than the surplus employee, he / she shall be displaced by the surplus employee provided thatto:
(i) such employee's headquarters is located within bump a forty (40) kilometre radius less senior employee in a job for which they can perform the normal requirements of the headquarters job; or
(ii) bump a less senior employee in the following job classifications: Mine Production Processing Pit Utility Labourer Boom Truck Operator Boom Truck Operator Steam Bay Attendant Labourer Dry Attendant Janitor Employees claiming jobs from this list shall be paid the trainee rate of pay until such time as the surplus employeetrainee period is completed, after which the regular rate of pay will apply.
(3) Displaced employees who have exercised their bumping rights in accordance with paragraph (2) (b) above, will be given a period of up to ninety-six (96) hours or more, as deemed necessary by the Company:
(a) for jobs in (2) (b) (i) - retraining and familiarization; and
(b) for jobs in (2) (b) (ii) - training and orientation, during which time the surplus employee is qualified must be able to perform the required duties normal requirements of the identified employeejob.
(b4) If the surplus Where an employee is not qualified to perform the required duties of the least senior employee identified under paragraph transferred, in accordance with (2) (a) above, the Employer following rules shall apply:
(a) An employee will continue be transferred to identify, in reverse order of a job commensurate with their Bargaining Unit seniority, employees in the same classification skills and in the same Ministry until a less senior employee is found within forty (40) kilometres of the surplus employee's headquarters. The identified employee shall be displaced by the surplus employee provided he / she is qualified ability to perform the required dutiesnormal requirements of the job, provided no employee who is in the job or advancement sequence is displaced from their job classification.
(b) The employee will have their rate of pay frozen at the rate they were receiving in their former job at the time of dis- placement and shall receive no increases in pay until such time as the rate of pay of their new job meets or exceeds the rate of pay they were receiving in their former job.
(c) Failing displacement under paragraphs (a) or (b) above, the Employer Rate protection will identify, in reverse order of seniority, employees in the classes in the same class series in descending order until cease should an employee successfully bid to a job with less seniority a lower rate of pay except where by so bidding the employee will achieve through normal advancement (s) a wage rate which is found in higher than the same Ministry within forty rate they would otherwise have achieved through normal advancement (40s) kilometres of had they not bid on the surplus vacancy and the new job shall become the employee's headquarters. The identified employee shall be displaced by the surplus employee provided he / she is qualified to perform the required duties’s job classification.
(d) Failing displacement under paragraphs (a), (b) or (c) above, if Employees transferred by the employee requests, Company to other job classifications within the Employer will repeat the steps specified in paragraphs (a), (b) and (c) with respect to positions beyond a forty (40) kilometre radius of his / her headquarters. No relocation expenses Operation will be paidgiven the first opportunity in writing to return to the job from which they were displaced in order of their Bargaining Unit seniority, as vacancies arise. Employees who refuse the first opportunity to return to the job from which they were displaced will lose their rate protection and will be so notified in writing.
(e) Failing displacement under (a)Employees who have been displaced from their apprenticeships will be given the first opportunity to resume their former apprenticeships as apprenticeship opportunities occur, (b), (c) or (d) above, subject to the Employer will repeat provisions and approvals of the steps specified in paragraph (a), (b), (c) and (d) above with respect to positions in other Ministriesappropriate Government agency.
(f) Upon the completion of five (5) months following commencement of Where the notice perioddisplaced employee bumps a less senior employee, the Employer following procedure will advise apply:
(a) the surplus employee of the position into which he / she is eligible shall receive no rate protection; and
(b) Section (4) (a) shall apply to displacethose employees who are unable to claim a job.
(g) The surplus employee must indicate in writing to the Ministry / Agency Director of Human Resources his / her intention to displace the employee identified pursuant to paragraph (a), (b), (c), (d), or (e) above, as applicable. Written intention to displace must be received by the Designated Human Resources Contact no later than one (1) week following the date the surplus employee received advice that he / she was eligible to displace an employee pursuant to Sub-article 14.5.1 (f) above.
(h6) An employee who does may not indicate in writing to claim a job on a displacement where the Designated Human Resources Contact of his / her intention to displace within the time period stipulated by Sub-article 14.5.1(g) above shall be deemed to have given up his/her right to displace and opted for redeployment under Article 14.4.
14.5.2 The first employee who is displaced by an employee exercising his / her right to displace under Sub-article
14.5.1 will have displacement rights. The employee displaced has been previously removed from that job either by the first displaced employee will also have displacement rights, but the employee he / she subsequently displaces will not have any such rightCompany or voluntarily for work performance or for continuing health reasons.
14.5.3 An employee who is displaced by an employee who exercises his / her displacement right under this Article shall receive notice of lay-off or salary continuance, at the Employer's discretion. The displaced employee's notice period or salary continuance shall be for a six (6) month period.
14.5.4 Article 8.7 of Article 8 (Pay Administration) shall not apply where an employee displaces a less senior employee pursuant to Sub-article 14.5.1(c), (d) or (e), above, save and except that Article 8.7 (Red-circling) of Article 8 (Pay Administration) shall apply for the balance of the employee's notice period only.
14.5.5 Except as provided in this Article, employees who are displaced will have full access to the provisions of Article 14 (Employment Stability).
Appears in 1 contract
Samples: Collective Agreement
Displacement. 14.5.1 An employee who has completed his / her probationary period, who has received notice of lay-off pursuant to Article 14.3, who has elected for displacement, and who has not been assigned to a targeted direct assignment by the beginning of the sixth (1) Within one (1) month of the surplus notice period in accordance with effective date of layoff, and where no appropriate vacancies exist or where the criteria of Article 14.4 employee elects to refuse transfer, the employee shall have the right to displace an employee in the same Ministry who shall be identified by the Employer in the following manner: To be eligible to displace, the employee must by the end of the third month, submit the Displacement Election Form which indicates he/she elects to exercise his/her right to displacement pursuant to Article 14.5manner and sequence.
(ai) The Employer employer will identify the employee with the least seniority in the same classification band in which the surplus employee is presently working, and the same Ministry as the employee's surplus position. If if such employee has less seniority than the surplus employee, he / he/she shall be displaced by the surplus employee provided that:
(i) such employee's headquarters is located within a forty (40) kilometre radius that the surplus employee has the minimum required qualifications including education, experience and ability to perform the duties of the headquarters of the surplus employee; andjob.
(ii) Failing displacement under (i), the employer will identify the employee in the band immediately below the band in which the surplus employee is qualified to perform the required duties of the identified employee.
(b) If the surplus employee is not qualified to perform the required duties of presently working who has the least senior employee identified under paragraph (a) above, the Employer will continue to identify, in reverse order of seniority, employees in the same classification and in the same Ministry until a if he/she has less senior employee is found within forty (40) kilometres of seniority than the surplus employee's headquarters. The identified employee , he/she shall be displaced by the surplus employee, provided that the surplus employee provided he / she is qualified has the minimum required qualifications including education, experience and ability to perform the required dutiesduties of the job.
(ciii) Failing displacement under paragraphs (ai) or (b) aboveii), the Employer employer will identify, in reverse order of seniority, employees in review the classes in the same class series bands in descending order until an employee with less seniority a band is found in which the same Ministry within forty (40) kilometres of employee with the least seniority in the band has less seniority than the surplus employee's headquarters. The , and such employee so identified employee shall be displaced by the surplus employee, provided that the surplus employee provided he / she is qualified has the minimum required qualifications, including education, experience and ability to perform the required dutiesduties of the job.
(div) Failing Where no displacement is possible under paragraphs (a), (b) these provisions or (c) above, if where the employee requests, the Employer will repeat the steps specified in paragraphs (a), (b) and (c) with respect chooses not to positions beyond a forty (40) kilometre radius of his / her headquarters. No relocation expenses will be paid.
(e) Failing displacement under (a), (b), (c) or (d) above, the Employer will repeat the steps specified in paragraph (a), (b), (c) and (d) above with respect to positions in other Ministries
(f) Upon the completion of five (5) months following commencement of the notice period, the Employer will advise the surplus employee of the position into which he / she is eligible to displace.
(g) The surplus employee must indicate in writing to the Ministry / Agency Director of Human Resources his / her intention to displace the employee identified pursuant to paragraph (a), (b), (c), (d), or (e) above, as applicable. Written intention to displace must be received by the Designated Human Resources Contact no later than one (1) week following the date the surplus employee received advice that he / she was eligible to displace an employee pursuant to Sub-article 14.5.1 (f) above.
(h) An employee who does not indicate in writing to the Designated Human Resources Contact of his / her intention to displace within the time period stipulated by Sub-article 14.5.1(g) above shall be deemed to have given up exercise his/her right to displace and opted for redeployment under Article 14.4in accordance with the foregoing, he/she shall be laid off.
14.5.2 The first employee who is displaced by an employee exercising his / her right to displace under Sub-article
14.5.1 will have displacement rights. The (2) An employee displaced by the first displaced employee will also have displacement rights, but the employee he / she subsequently displaces will not have any such right.
14.5.3 An employee who is displaced by an employee who exercises his / her displacement right under this Article shall receive notice of lay-off or salary continuance, at the Employer's discretion. The displaced employee's notice period or salary continuance 11.3(1)(iv) shall be for a six (6) month period.
14.5.4 Article 8.7 of Article 8 (Pay Administration) shall not apply where an employee displaces a less senior employee pursuant to Sub-article 14.5.1(c)declared surplus, (d) or (e), above, save and except that Article 8.7 (Red-circling) of Article 8 (Pay Administration) shall apply for the balance of the employee's notice period only.
14.5.5 Except as provided in this Article, employees who are displaced will have full access to the provisions of that Article 14 shall apply.
(Employment Stability3) Where an employee is displaced as a result of another employee exercising his/her seniority rights under 11.3(2), the employer shall identify that employee with the least seniority in the same or lower band in a position for which the displaced employee has the minimum required qualifications including education, experience and ability to perform the duties of the job, and the employee so identified shall be laid off.
(4) An employee laid off in accordance with 11.3(3) shall be offered the opportunity of displacing a contract or temporary employee, if any are then employed, provided the employee has the minimum required qualifications including education, experience and ability to perform the duties of the job. Displacement under this clause shall abrogate any agreement concerning the length of such contract or temporary employment.
Appears in 1 contract
Samples: Collective Agreement
Displacement. 14.5.1 An employee who has completed his / her probationary period, who has received notice Section 1. Displacement is defined as the permanent transfer of lay-off pursuant to Article 14.3, who has elected for displacement, and who has not been assigned to a targeted direct assignment by the beginning of the sixth month of the surplus notice period in accordance with the criteria of Article 14.4 shall have the right to displace an employee in the same Ministry who shall be identified by the Employer in the following manner: To be eligible to displace, the employee must by the end of the third month, submit the Displacement Election Form which indicates he/she elects to exercise nurse from his/her right position into a vacant position covered by this Agreement as a result of downsizing or restructuring of a unit(s) within the bargaining unit.
Section 2. MFH shall inform the UNION in writing thirty (30) days in advance of any unit or department closing or downsizing and prior to the actual displacement pursuant of any nurse.
Section 3. Upon notice to Article 14.5the UNION of said downsizing, MFH shall immediately freeze all vacant and new positions in the bargaining unit and shall present the UNION a list of all available vacancies in the bargaining unit.
(a) The Employer Employees displaced from their nursing unit will identify be given priority bidding for comparable vacancies within their CND. If none, or an insufficient number of vacancies 05/08/2017 SL1 1441373v5 030512.00131 exist, the employee with the least seniority may take a voluntary layoff or shall be given preference for vacancies in the same classification and the same Ministry as the employee's surplus positionbargaining unit. If such employee has less seniority than the surplus employeea displaced nurse declines this position, he / he/she shall be displaced by the surplus employee provided that:
(i) such employee's headquarters is located within a forty (40) kilometre radius of the headquarters of the surplus employee; and
(ii) the surplus employee is qualified to perform the required duties of the identified employeewaive all future bidding rights.
(b) If MFH seniority shall determine the surplus employee is not qualified to perform bidding priority of displaced nurses. In the required duties of event two (2) or more nurses have the least senior employee identified under paragraph (a) abovesame MFH seniority, the Employer will continue to identify, in reverse order “alpha” sequence of seniority, employees in the same classification and in the same Ministry until a less senior employee is found within forty (40) kilometres of the surplus employee's headquarters. The identified employee surnames shall be displaced by the surplus employee provided he / she is qualified to perform the required dutiesdetermine bidding priority.
(c) Failing displacement under paragraphs In the event there are an insufficient number of vacancies the displaced nurse shall follow the procedures outlined in Article 17 (a) or (b) above, the Employer will identify, in reverse order of seniority, employees in the classes in the same class series in descending order until an employee with less seniority is found in the same Ministry within forty (40) kilometres of the surplus employee's headquarters. The identified employee shall be displaced by the surplus employee provided he / she is qualified to perform the required dutiesLayoff/Recall).
(d) Failing displacement under paragraphs (a), (b) or (c) above, if the employee requests, the Employer will repeat the steps specified in paragraphs (a), (b) and (c) with respect to positions beyond a forty (40) kilometre radius of his / her headquartersSection 5. No relocation expenses will be paid.
(e) Failing displacement under (a), (b), (c) or (d) above, the Employer will repeat the steps specified in paragraph (a), (b), (c) and (d) above with respect to positions in other Ministries
(f) Upon the completion of five (5) months following commencement of the notice period, the Employer will advise the surplus employee of the position into which he / she is eligible to displace.
(g) The surplus employee must indicate in writing to the Ministry / Agency Director of Human Resources his / her intention to displace the employee identified pursuant to paragraph (a), (b), (c), (d), or (e) above, as applicable. Written intention to displace must be received by the Designated Human Resources Contact no later than one (1) week following the date the surplus employee received advice that he / she was eligible to displace an employee pursuant to Sub-article 14.5.1 (f) above.
(h) An employee who does not indicate in writing to the Designated Human Resources Contact of his / her intention to displace within the time period stipulated by Sub-article 14.5.1(g) above shall be deemed to have given up his/her right to displace and opted for redeployment under Article 14.4.
14.5.2 The first employee who is displaced by an employee exercising his / her right to displace under Sub-article
14.5.1 will have displacement rights. The employee displaced by the first displaced employee will also have displacement rights, but the employee he / she subsequently displaces will not have any such right.
14.5.3 An employee who is displaced by an employee who exercises his / from a full-time to a part-time position and loses his/her displacement right under this Article shall receive notice of layfull-off or salary continuancetime Medical Plan Benefits, at the Employer's discretion. The displaced employee's notice period or salary continuance shall be entitled to maintain his/her Medical Plan Benefits in accordance with the ongoing premium sharing costs for a six (6) month periodmonths up to five (5) years of MFH service and twelve (12) months Medical Plan Benefits for five (5) years or more of MFH service or until he/she has been recalled to a comparable full-time position.
14.5.4 Article 8.7 of Article 8 (Pay Administration) Section 6. A displaced nurse who bids into a new unit/CND shall not apply where an employee displaces be given a less senior employee pursuant reasonable orientation.
Section 7. In the event a nurse resigns due to Sub-article 14.5.1(c)displacement, (d) or (e), above, save and except that Article 8.7 (Red-circling) of Article 8 (Pay Administration) shall he/she may apply for the balance of the employee's notice period onlyunemployment benefits.
14.5.5 Except as provided in this Article, employees who are displaced will have full access to the provisions of Article 14 (Employment Stability).
Appears in 1 contract
Samples: Collective Bargaining Agreement
Displacement. 14.5.1 An employee who has completed his / her probationary (a) If, at the conclusion of the notice period, who has received notice of lay-off pursuant to Article 14.3, who has elected for displacement, and who an Employee has not been assigned placed in an alternate position under Priority Placement, she will be permitted to a targeted direct assignment by participate in the beginning of the sixth month of the surplus notice period Displacement process in accordance with the criteria of Article 14.4 shall have the right to displace an employee in the same Ministry who shall be identified by the Employer in the following manner: To be eligible to displace, the employee must by the end of the third month, submit the Displacement Election Form which indicates he/she elects to exercise his/her right to displacement pursuant to Article 14.5.
(a) The Employer will identify the employee with the least seniority in the same classification and the same Ministry as the employee's surplus position. If such employee has less seniority than the surplus employee, he / she shall be displaced by the surplus employee provided that:
(i) such employee's headquarters is located within a forty (40) kilometre radius of the headquarters of the surplus employee; and
(ii) the surplus employee is qualified to perform the required duties of the identified employeethis Article.
(b) If the surplus employee is Employees may not qualified to perform the required duties of the least senior employee identified under paragraph (a) abovedisplace into positions which are funded through research grants, the Employer will continue to identify, in reverse order of seniority, employees in the same classification contracts and in the same Ministry until a less senior employee is found within forty (40) kilometres of the surplus employee's headquarters. The identified employee shall be displaced by the surplus employee provided he / she is qualified to perform the required dutiesphysicians’ xxxxxxxx.
(c) Failing displacement under paragraphs (a) Full time Employees may displace only other full time Employees. Part time Employees may displace only other part time Employees. For purposes of this provision, Full-time Employees are those Employees whose regular hours of work are 910 hours or (b) above, more per year. Part- time Employees are those where the Employer will identify, in reverse order Employee’s regular hours of seniority, employees in the classes in the same class series in descending order until an employee with work are less seniority is found in the same Ministry within forty (40) kilometres of the surplus employee's headquarters. The identified employee shall be displaced by the surplus employee provided he / she is qualified to perform the required dutiesthan 910 hours per year.
(d) Failing displacement under paragraphs (a), (b) or (c) above, if An Employee who is eligible to displace will be given the employee requests, opportunity by the Employer will repeat to displace an Employee in the steps specified same redeployment unit who has lesser bargaining unit seniority and who is the least senior Employee within the same pay level in paragraphs (a)an eligible position where the displacing Employee has the qualifications, (b) skills, ability, and (c) with respect relevant experience to positions beyond a forty (40) kilometre radius perform the work of his / her headquarters. No relocation expenses will the position held by the Employee to be paiddisplaced without training other than orientation.
(e) Failing displacement under (a), (b), (c) or Should the Employee not be able to displace in (d) above, the Employer will repeat identify the steps specified Employee who has the least seniority in paragraph (a)the next lower pay grade in the same redeployment unit in an eligible position where the displacing Employee has the qualifications, (b)skills, (c) ability, and (d) above with respect relevant experience to positions in perform the work of the position held by the Employee to be displaced without training other Ministriesthan orientation.
(f) Upon Failing displacement under (e) above, this process will continue through the completion of five (5) months following commencement of lower pay grades until the notice period, the Employer will advise the surplus employee of the position into which he / she eligible Employee is eligible able to displacedisplace within her redeployment unit.
(g) The surplus employee must indicate in writing to the Ministry / Agency Director of Human Resources his / her intention to displace the employee identified pursuant to paragraph (a), (b), (c), (d), or (e) above, as applicable. Written intention to displace must be received by the Designated Human Resources Contact no later than one (1) week following the date the surplus employee received advice that he / she was eligible to displace an employee pursuant to Sub-article 14.5.1 Failing displacement under (f) above, the Employer will identify an Employee in the same pay level in another redeployment unit who has less seniority than the eligible Employee and into whose position the eligible Employee can displace by possessing the necessary qualifications, skills, ability, and relevant experience to perform the duties of the position without training other than orientation.
(h) An employee who does not indicate Failing displacement under (g) above, the Employer will identify the three (3) least senior Employees in writing to the Designated Human Resources Contact of his / her intention bargaining unit and the Employee will be given the opportunity to displace within into one of those eligible positions if she has the time period stipulated by Sub-article 14.5.1(gqualifications, skills, ability, and relevant experience to perform the duties of the position without training other than orientation.
(i) above shall be deemed to have given up his/her right If the Employee is not able to displace another Employee, she will be laid off (except as in Article 17.06(h)) and opted will be placed on a recall list for redeployment eighteen (18) months or twenty-four (24) months as applicable under Article 14.4.
14.5.2 The first employee who is displaced by an employee exercising his / her right to displace under Sub-article
14.5.1 will have displacement rights. The employee displaced by the first displaced employee will also have displacement rights, but the employee he / she subsequently displaces will not have any such right.
14.5.3 An employee who is displaced by an employee who exercises his / her displacement right under this Article shall receive notice of lay-off or salary continuance, at the Employer's discretion. The displaced employee's notice period or salary continuance shall be for a six 17.13 (6) month period.
14.5.4 Article 8.7 of Article 8 (Pay Administration) shall not apply where an employee displaces a less senior employee pursuant to Sub-article 14.5.1(c), (d) or (e), above, save and except that Article 8.7 (Red-circling) of Article 8 (Pay Administration) shall apply for the balance of the employee's notice period only.
14.5.5 Except as provided in this Article, employees who are displaced will have full access to the provisions of Article 14 (Employment Stabilitya).
Appears in 1 contract
Samples: Collective Agreement
Displacement. 14.5.1 An employee who has completed his / her probationary period, who has received notice Where the Company decides to reduce the number of lay-off pursuant to Article 14.3, who has elected for displacementemployees required in a part of the operation, and who has not been assigned the employees being displaced are to a targeted direct assignment by the beginning be employed in another part of the sixth month operation, such that no employee will be laid off, the following procedure will apply:
(1) The employees who are to be displaced from their job classification shall be determined in the inverse order of Bargaining Unit seniority, provided that the surplus notice period in accordance senior employees being retained can satisfactorily perform the required work.
(2) The Company will, after consultation with the criteria of Article 14.4 shall have employee and the right to displace an employee in the same Ministry who shall be identified by the Employer in the following manner: To be eligible to displaceUnion, the employee must by the end of the third month, submit the Displacement Election Form which indicates he/she elects to exercise his/her right to displacement pursuant to Article 14.5.either:
(a) The Employer will identify transfer the employee to another job classification at the operation with the least seniority in the same classification and the same Ministry as consent of the employee's surplus position. If such ; or
(b) allow the employee has less seniority than the surplus employee, he / she shall be displaced by the surplus employee provided thatto:
(i) such employee's headquarters is located within bump a forty (40) kilometre radius less senior employee in a job for which they can perform the normal requirements of the headquarters job; or
(ii) bump a less senior employee in the following job classifications: Mine Production Processing Pit Utility Labourer Pump Attendant Boom Truck Operator Boom Truck Operator Steam Bay Attendant Labourer Dry Attendant Janitor Employees claiming jobs from this list shall be paid the trainee rate of pay until such time as the surplus employeetrainee period is completed, after which the regular rate of pay will apply.
(3) Displaced employees who have exercised their bumping rights in accordance with paragraph (2) (b) above, will be given a period of up to ninety-six (96) hours or more, as deemed necessary by the Company:
(a) for jobs in (2) (b) (i) - retraining and familiarization; and
(b) for jobs in (2) (b) (ii) - training and orientation, during which time the surplus employee is qualified must be able to perform the required duties normal requirements of the identified employeejob.
(b4) If the surplus Where an employee is not qualified to perform the required duties of the least senior employee identified under paragraph transferred, in accordance with (2) (a) above, the Employer following rules shall apply:
(a) An employee will continue be transferred to identify, in reverse order of a job commensurate with their Bargaining Unit seniority, employees in the same classification skills and in the same Ministry until a less senior employee is found within forty (40) kilometres of the surplus employee's headquarters. The identified employee shall be displaced by the surplus employee provided he / she is qualified ability to perform the required dutiesnormal requirements of the job, provided no employee who is in the job or advancement sequence is displaced from their job classification.
(b) The employee will have their rate of pay frozen at the rate they were receiving in their former job at the time of dis- placement and shall receive no increases in pay until such time as the rate of pay of their new job meets or exceeds the rate of pay they were receiving in their former job.
(c) Failing displacement under paragraphs (a) or (b) above, the Employer Rate protection will identify, in reverse order of seniority, employees in the classes in the same class series in descending order until cease should an employee success- fully bid to a job with less seniority a lower rate of pay except where by so bidding the employee will achieve through normal ad- vancement (s) a wage rate which is found in higher than the same Ministry within forty rate they would otherwise have achieved through normal advance- ment (40s) kilometres of had they not bid on the surplus vacancy and the new job shall become the employee's headquarters. The identified employee shall be displaced by the surplus employee provided he / she is qualified to perform the required dutiesjob classification.
(d) Failing displacement under paragraphs (a), (b) or (c) above, if Employees transferred by the employee requests, Company to other job classifications within the Employer will repeat the steps specified in paragraphs (a), (b) and (c) with respect to positions beyond a forty (40) kilometre radius of his / her headquarters. No relocation expenses Operation will be paidgiven the first opportunity in writing to return to the job from which they were displaced in order of their Bargaining Unit seniority, as vacancies arise. Employees who refuse the first opportunity to return to the job from which they were displaced will lose their rate protection and will be so notified in writing.
(e) Failing displacement under (a)Employees who have been displaced from their apprenticeships will be given the first opportunity to resume their former apprenticeships as apprenticeship opportunities occur, (b), (c) or (d) above, subject to the Employer will repeat provisions and approvals of the steps specified in paragraph (a), (b), (c) and (d) above with respect to positions in other Ministriesappropriate Government agency.
(f) Upon the completion of five (5) months following commencement of Where the notice perioddisplaced employee bumps a less senior employee, the Employer following procedure will advise apply:
(a) the surplus employee of the position into which he / she is eligible shall receive no rate protection; and
(b) Section (4) (a) shall apply to displacethose employees who are unable to claim a job.
(g) The surplus employee must indicate in writing to the Ministry / Agency Director of Human Resources his / her intention to displace the employee identified pursuant to paragraph (a), (b), (c), (d), or (e) above, as applicable. Written intention to displace must be received by the Designated Human Resources Contact no later than one (1) week following the date the surplus employee received advice that he / she was eligible to displace an employee pursuant to Sub-article 14.5.1 (f) above.
(h6) An employee who does may not indicate in writing to claim a job on a displacement where the Designated Human Resources Contact of his / her intention to displace within the time period stipulated by Sub-article 14.5.1(g) above shall be deemed to have given up his/her right to displace and opted for redeployment under Article 14.4.
14.5.2 The first employee who is displaced by an employee exercising his / her right to displace under Sub-article
14.5.1 will have displacement rights. The employee displaced has been previously removed from that job either by the first displaced employee will also have displacement rights, but the employee he / she subsequently displaces will not have any such rightCompany or voluntarily for work performance or for continuing health reasons.
14.5.3 An employee who is displaced by an employee who exercises his / her displacement right under this Article shall receive notice of lay-off or salary continuance, at the Employer's discretion. The displaced employee's notice period or salary continuance shall be for a six (6) month period.
14.5.4 Article 8.7 of Article 8 (Pay Administration) shall not apply where an employee displaces a less senior employee pursuant to Sub-article 14.5.1(c), (d) or (e), above, save and except that Article 8.7 (Red-circling) of Article 8 (Pay Administration) shall apply for the balance of the employee's notice period only.
14.5.5 Except as provided in this Article, employees who are displaced will have full access to the provisions of Article 14 (Employment Stability).
Appears in 1 contract
Samples: Collective Agreement
