Common use of Displacement Clause in Contracts

Displacement. An employee who has completed his/her probationary period and who is subject to lay-off as a surplus employee shall have the right to displace an employee who shall be identified by the Employer in the following manner and sequence: (a) Within the surplus employee’s work area, the Employer will identify the permanent part-time employee with the least seniority in the same class in which the surplus employee is presently working and if such employee has less seniority than the surplus employee, he/she shall be displaced by the surplus employee, provided that the surplus employee is qualified to perform the work of such employee. (b) Failing the opportunity for displacement under (a) above, the Employer will review the classes in the same class series within the surplus employee’s work area, in descending order, until a class is found in which the permanent part-time employee with the least seniority in the class has less seniority than the surplus employee. Such employee shall be displaced by the surplus employee, provided that the surplus employee is qualified to perform the work of such employee. (c) Failing the opportunity for displacement under (b) above, the Employer will review the classes in any other class series in which the surplus employee has served since his/her appointment date within the surplus employee’s work area, in descending order, until a class is found in which the permanent part- time employee with the least seniority in the class has less seniority than the surplus employee. Such employee shall be displaced by the surplus employee, provided the surplus employee is qualified to perform the work of such employee. (i) Failing the opportunity for displacement under

Displacement. An employee who has completed his/her probationary period and who is subject to lay-off as a surplus employee shall have the right to displace an employee who shall be identified by the Employer in the following manner and sequence: (a) Within the surplus employee’s work area, the Employer will identify the permanent part-time employee with the least seniority in the same class in which the surplus employee is presently working and if such employee has less seniority than the surplus employee, he/she shall be displaced by the surplus employee, provided that the surplus employee is qualified to perform the work of such employee. (b) Failing the opportunity for displacement under (a) above, the Employer will review the classes in the same class series within the surplus employee’s work area, in descending order, until a class is found in which the permanent part-time employee with the least seniority in the class has less seniority than the surplus employee. Such employee shall be displaced by the surplus employee, provided that the surplus employee is qualified to perform the work of such employee. (c) Failing the opportunity for displacement under (b) above, the Employer will review the classes in any other class series in which the surplus employee has served since his/her appointment date within the surplus employee’s work area, in descending order, until a class is found in which the permanent part- time employee with the least seniority in the class has less seniority than the surplus employee. Such employee shall be displaced by the surplus employee. (d) Failing the opportunity for displacement under (c) above, the Employer will review any permanent part- time positions within the surplus employee’s work area in descending order of hours until a position is found where the surplus employee has more seniority than the employee occupying the position. Such employee shall be displaced by the surplus employee, provided the surplus employee is qualified to perform the work of such employee. (ie) Failing In logistics facilities where seasonal employees exist, and failing the opportunity for displacement under

Displacement. An employee who has completed his/her their probationary period and who is subject to lay-off as a surplus employee shall have the right to displace an employee who shall be identified by the Employer in the following manner and sequence: (a) Within the surplus employee’s 's work area, the Employer will identify the permanent part-time employee with the least seniority in the same class in which the surplus employee is presently working and if such employee has less seniority than the surplus employee, he/she they shall be displaced by the surplus employee, provided that the surplus employee is qualified to perform the work of such employee. (b) Failing the opportunity for displacement under (a) above, the Employer will review the classes in the same class series within the surplus employee’s 's work area, in descending order, until a class is found in which the permanent part-time employee with the least seniority in the class has less seniority than the surplus employee. Such employee shall be displaced by the surplus employee, provided that the surplus employee is qualified to perform the work of such employee. (c) Failing the opportunity for displacement under (b) above, the Employer will review the classes in any other class series in which the surplus employee has served since his/her their appointment date within the surplus employee’s 's work area, in descending order, until a class is found in which the permanent part- time employee with the least seniority in the class has less seniority than the surplus employee. Such employee shall be displaced by the surplus employee. (d) Failing the opportunity for displacement under (c) above, the Employer will review any permanent part-time positions within the surplus employee's work area in descending order of hours until a position is found where the surplus employee has more seniority than the employee occupying the position. Such employee shall be displaced by the surplus employee, provided the surplus employee is qualified to perform the work of such employee. (ie) Failing In logistics facilities where seasonal employees exist, and failing the opportunity for displacement underunder (c) above, the Employer will identify any seasonal employees within the surplus employee’s work area. The surplus employee will displace the seasonal employee with the least seniority. Article

Displacement. An employee who has completed his/her probationary period and who is subject to lay-off as a surplus employee shall have the right to displace an employee who shall be identified by the Employer in the following manner and sequence: (a) Within the surplus employee’s 's work area, the Employer will identify the permanent part-time employee with the least seniority in the same class in which the surplus employee is presently working and if such employee has less seniority than the surplus employee, he/she shall be displaced by the surplus employee, provided that the surplus employee is qualified to perform the work of such employee. (b) Failing the opportunity for displacement under (a) above, the Employer will review the classes in the same class series within the surplus employee’s 's work area, in descending order, until a class is found in which the permanent part-time employee with the least seniority in the class has less seniority than the surplus employee. Such employee shall be displaced by the surplus employee, provided that the surplus employee is qualified to perform the work of such employee. (c) Failing the opportunity for displacement under (b) above, the Employer will review the classes in any other class series in which the surplus employee has served since his/her appointment date within the surplus employee’s 's work area, in descending order, until a class is found in which the permanent part- part-time employee with the least seniority in the class has less seniority than the surplus employee. Such employee shall be displaced by the surplus employee, provided the surplus employee is qualified to perform the work of such employee. (i) Failing the opportunity for displacement underunder (c) above, the Employer shall review casual work requirements in the surplus employee's work area until a work place is found where the surplus employee's seniority exceeds the casual employee's seniority. Such employee shall be displaced by the surplus employee provided that the surplus employee agrees to such placement. (ii) A permanent part-time employee who displaces a casual employee shall retain his/her permanent part-time seniority during his/her status as a casual employee. (e) An employee may elect to waive one (1) or more of their displacement rights under Article

Displacement. (a) If, at the conclusion of the notice period, an Employee has not been placed in an alternate position under Priority Placement, they will be permitted to participate in the displacement process in accordance with this Article. (b) Employees may not displace into positions which are funded through research grants, contracts and physicians' xxxxxxxx. (c) 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 more per year. Part- time Employees are those where the Employee's regular hours of work are less than 910 hours per year.) (d) An employee Employee who is eligible to displace will be given the opportunity by the Employer to displace an Employee in the same redeployment unit who has completed his/her probationary period lesser bargaining unit seniority and who is subject the least senior Employee within the same pay level in an eligible position where the displacing Employee has the skill, ability and qualifications and relevant experience to lay-off as a surplus employee shall have perform the right work of the position held by the Employee to be displaced without training other than orientation. (e) Should the Employee not be able to displace an employee who shall be identified by the Employer in the following manner and sequence: (ad) Within the surplus employee’s work areaabove, the Employer will identify the permanent part-time employee with Employee who has the least seniority in the next lower pay grade in the same class redeployment unit in which an eligible position where the surplus employee is presently working displacing Employee has the skill, ability and if such employee has less seniority than the surplus employee, he/she shall be displaced by the surplus employee, provided that the surplus employee is qualified qualifications and relevant experience to perform the work of such employeethe position held by the Employee to be displaced without training other than orientation. (bf) Failing the opportunity for displacement under (ae) above, this process will continue through the lower pay grades until the eligible Employee is able to displace within their redeployment unit. (g) Failing displacement under (f) above, the Employer will review the classes identify an Employee in the same class series within the surplus employee’s work area, pay level in descending order, until a class is found in which the permanent part-time employee with the least seniority in the class another redeployment unit who has less seniority than the surplus employee. Such employee shall be displaced eligible Employee and into whose position the eligible Employee can displace by possessing the surplus employeenecessary skill, provided that the surplus employee is qualified ability and qualifications and relevant experience to perform the work duties of such employeethe position without training other than orientation. (ch) Failing the opportunity for displacement under (bg) above, the Employer will review identify the classes in any other class series in which the surplus employee has served since his/her appointment date within the surplus employee’s work area, in descending order, until a class is found in which the permanent part- time employee with the three (3) least seniority senior Employees in the class has less seniority than bargaining unit and the surplus employee. Such employee shall Employee will be displaced by given the surplus employeeopportunity to displace into one of those eligible positions if they have the skill, provided the surplus employee is qualified ability and qualifications and relevant experience to perform the work duties of such employeethe position without training other than orientation. (i) Failing If the opportunity Employee is not able to displace another Employee, they will be laid off (except as in Article 17.10(b)(ii) ) and will be placed on a recall list for displacement undereighteen (18) months or twenty-four (24) months as applicable under Article 17.18 (a).

Displacement. (a) If, at the conclusion of the notice period, an Employee has not been placed in an alternate position under Priority Placement, they will be permitted to participate in the displacement process in accordance with this Article. (b) Employees may not displace into positions which are funded through research grants, contracts and physicians' xxxxxxxx. (c) 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 more per year. Part- time Employees are those where the Employee's regular hours of work are less than 910 hours per year.) (d) An employee Employee who is eligible to displace will be given the opportunity by the Employer to displace an Employee in the same redeployment unit who has completed his/her probationary period lesser bargaining unit seniority and who is subject the least senior Employee within the same pay level in an eligible position where the displacing Employee has the skill, ability and qualifications and relevant experience to lay-off as a surplus employee shall have perform the right work of the position held by the Employee to be displaced without training other than orientation. (e) Should the Employee not be able to displace an employee who shall be identified by the Employer in the following manner and sequence: (ad) Within the surplus employee’s work areaabove, the Employer will identify the permanent part-time employee with Employee who has the least seniority in the next lower pay grade in the same class redeployment unit in which an eligible position where the surplus employee is presently working displacing Employee has the skill, ability and if such employee has less seniority than the surplus employee, he/she shall be displaced by the surplus employee, provided that the surplus employee is qualified qualifications and relevant experience to perform the work of such employeethe position held by the Employee to be displaced without training other than orientation. (bf) Failing the opportunity for displacement under (ae) above, this process will continue through the lower pay grades until the eligible Employee is able to displace within their redeployment unit. (g) Failing displacement under (f) above, the Employer will review the classes identify an Employee in the same class series within the surplus employee’s work area, pay level in descending order, until a class is found in which the permanent part-time employee with the least seniority in the class another redeployment unit who has less seniority than the surplus employee. Such employee shall be displaced eligible Employee and into whose position the eligible Employee can displace by possessing the surplus employeenecessary skill, provided that the surplus employee is qualified ability and qualifications and relevant experience to perform the work duties of such employeethe position without training other than orientation. (ch) Failing the opportunity for displacement under (bg) above, the Employer will review identify the classes three (3) least senior Employees in the bargaining unit and the Employee will be given the opportunity to displace into one of those eligible positions if they have the skill, ability and qualifications and relevant experience to perform the duties of the position without training other than orientation. (i) If the Employee is not able to displace another Employee, they will be laid off (except as in Article 17.10(b)(ii) ) and will be placed on a recall list for eighteen (18) months or twenty-four 17.12 Failing displacement under this procedure, the eligible Employee must choose one of the following: (a) severance pay in accordance with the schedule in Appendix III ; (b) layoff with recall rights as in Article 17.18.(recall rights). (c) in the case of the Employees described in Article 17.10(b)(ii), the opportunity to continue on Priority Placement, on an unpaid basis, for a total period of up to twelve (12) months following the expiry of the notice period. 17.13 Any Employee displaced by another Employee under the provisions of this Article will become eligible for one of the following: (a) displacing another Employee in accordance with Article 17.11 (b) layoff with recall rights as set out in Article 17.18 (recall rights) (c) severance pay in accordance with the schedule in Appendix III ; 17.14 Employees who displace other Employees will be provided with minimal familiarization 17.15 If an Employee displaces an Employee in an eligible limited term position, upon termination of such position, the displacing Employee may exercise their seniority rights in accordance with Article 17.13. However, for the displaced Employee, any other class series agreement concerning the length of the appointment will be abrogated. 17.16 The displacing Employee will be paid the salary of the position they have obtained through displacement. (a) Seniority will continue to accrue during a layoff (b) The Employer will continue to pay its share of benefit premiums under Article 22 to the end of the month in which the surplus employee has served since his/her appointment date within layoff occurs. Subject to coverage being available in the surplus employee’s work areamarketplace, Employees on layoff may continue to participate in the benefit plans, provided that they pay 100% of the premiums, in descending orderadvance, until a class is found for twelve (12) months following the date of layoff. 17.18 Recall (a) Employees will have recall rights for eighteen (18) months or, where the Employee has five (b) Employees on the recall list will be recalled, in which the permanent part- time employee with the least seniority order of seniority, to vacant positions in the class has less seniority than same or lower pay level as they held at the surplus employee. Such employee shall be displaced by the surplus employeetime of layoff, provided they possess the surplus employee is qualified skill, ability and qualifications and relevant experience to perform the work of the vacant position without training other than orientation. (c) Full-time Employees will be recalled to full-time positions and part-time Employees will be recalled to part-time positions. (For purposes of this provision, Full-time Employees are those Employees whose regular hours of work are 910 hours or more per year. Part- time Employees are those where the Employee's regular hours of work are less than 910 hours per year.) (d) An Employee who has been laid off and remains eligible for recall will be recalled to the job they held at the time of layoff should such employeeposition become available during the first twelve (12) month period following layoff. (e) Notice of recall will be made by registered mail to the Employee's last address on file in Human Resources. A copy will be sent to the Association. It is the responsibility of Employees to keep Human Resources informed of their current address. (f) Employees will be required to accept recall where the available position is at the same pay level, has at least the same number of hours of work, and is in the same employment category as the position that the Employee held at time of layoff. If the Employee declines such recall, they will be considered to have resigned and will be deemed to have terminated. (g) Employees will respond to the Employer within five (5) working days of receipt of notice of recall with their intention to accept or, if applicable, decline recall. If a laid-off Employee fails to notify the Employer of their intention to accept or, where applicable, to decline recall in accordance with (f), or having accepted recall, fails to report for work on the recall date specified by the Employer without justification, the Employee will be considered to have resigned, and the employment relationship of that Employee will be deemed to have been terminated. (h) Except in the case of Priority Placements, no appointments will be made to vacant bargaining unit positions until all Employees on layoff who have the skill, ability, and qualifications and relevant experience to perform the available work have had the opportunity to accept recall to the vacant position. (i) Failing the opportunity for displacement underA laid-off Employee with recall rights who accepts a Limited-Term position is entitled to two

Displacement. An employee who has completed his/her their probationary period and who is subject to lay-off as a surplus employee shall have the right to displace an employee who shall be identified by the Employer in the following manner and sequence: (a) Within the surplus employee’s 's work area, the Employer will identify the permanent part-time employee with the least seniority in the same class in which the surplus employee is presently working and if such employee has less seniority than the surplus employee, he/she they shall be displaced by the surplus employee, provided that the surplus employee is qualified to perform the work of such employee. (b) Failing the opportunity for displacement under (a) above, the Employer will review the classes in the same class series within the surplus employee’s 's work area, in descending order, until a class is found in which the permanent part-time employee with the least seniority in the class has less seniority than the surplus employee. Such employee shall be displaced by the surplus employee, provided that the surplus employee is qualified to perform the work of such employee. (c) Failing the opportunity for displacement under (b) above, the Employer will review the classes in any other class series in which the surplus employee has served since his/her their appointment date within the surplus employee’s 's work area, in descending order, until a class is found in which the permanent part- part-time employee with the least seniority in the class has less seniority than the surplus employee. Such employee shall be displaced by the surplus employee, provided the surplus employee is qualified to perform the work of such employee. (i) Failing the opportunity for displacement underunder (c) above, the Employer shall review casual work requirements in the surplus employee's work area until a work place is found where the surplus employee's seniority exceeds the casual employee's seniority. Such employee shall be displaced by the surplus employee provided that the surplus employee agrees to such placement. (ii) A permanent part-time employee who displaces a casual employee shall retain their permanent part-time seniority during their status as a casual employee. (e) An employee may elect to waive one (1) or more of their displacement rights under Article

Displacement. An employee who has completed his/her their probationary period and who is subject to lay-off as a surplus employee shall have the right to displace an employee who shall be identified by the Employer in the following manner and sequence: (a) Within the surplus employee’s 's work area, the Employer will identify the permanent part-time employee with the least seniority in the same class in which the surplus employee is presently working and if such employee has less seniority than the surplus employee, he/she they shall be displaced by the surplus employee, provided that the surplus employee is qualified to perform the work of such employee. (b) Failing the opportunity for displacement under (a) above, the Employer will review the classes in the same class series within the surplus employee’s 's work area, in descending order, until a class is found in which the permanent part-time employee with the least seniority in the class has less seniority than the surplus employee. Such employee shall be displaced by the surplus employee, provided that the surplus employee is qualified to perform the work of such employee. (c) Failing the opportunity for displacement under (b) above, the Employer will review the classes in any other class series in which the surplus employee has served since his/her their appointment date within the surplus employee’s 's work area, in descending order, until a class is found in which the permanent part- part-time employee with the least seniority in the class has less seniority than the surplus employee. Such employee shall be displaced by the surplus employee, provided the surplus employee is qualified to perform the work of such employee. (i) Failing the opportunity for displacement underunder (c) above, the Employer shall review casual work requirements in the surplus employee's work area until a work place is found where the surplus employee's seniority exceeds the casual employee's seniority. Such employee shall be displaced by the surplus employee provided that the surplus employee agrees to such placement. (ii) A permanent part-time employee who displaces a casual employee shall retain their permanent part-time seniority during their status as a casual employee.