In all cases of layoff. (a) Where a vacancy occurs in a position following a layoff hereunder as a result of which a nurse has been transferred to another position, the affected nurse will be offered the opportunity to return to her former position providing such vacancy occurs within six (6) months of the date of layoff. Where the nurse returns to her former position there shall be no obligation to consider the vacancy under Article 13.
01. Where the nurse refuses the opportunity to return to her former position the nurse shall advise the Employer in writing, within five (5) days of receiving notification.
(b) No reduction in the hours of work shall take place to prevent or reduce the impact of a layoff without the consent of the Association.
(c) All part-time and full-time nurses represented by the Association who are on layoff will be given a job opportunity in the part-time and full-time categories before any new nurse is hired into either category.
(d) Casual part-time nurses may be utilized while full-time or part-time nurses are on lay-off only when these nurses are not available to work.
(e) No new nurses shall be hired until all those nurses who retain the right to be recalled have been given an opportunity to return to work.
In all cases of layoff. (a) The Employer will identify where the layoff exists based on its operational requirements. Following that decision, the layoff will be based on reverse order of seniority, and in all circumstances an employee displacing another employee must be qualified to perform the work. Subject to the foregoing, the equivalent and appropriate number of probationary, temporary and casual employees shall be first laid off. Such employees will be provided layoff options subject to the Employment Standards Act. Temporary or casual, and then probationary nurses shall be laid off first and then further layoffs will be on the basis of seniority. Such employees will be provided layoff options subject to the Employment Standards Act.
(b) An employee initially selected for layoff shall have the following layoff entitlement options:
i) Accepting the layoff, or;
ii) Opt to retire if eligible, under the terms of the Employer’s pension plan, or;
iii) Elect to transfer to a vacant position, which shall mean a position for which the posting process has been completed and there was no successful applicant, or;
iv) displace another employee who has lesser bargaining unit seniority and who is the least senior employee within that geographical location. If the nurse is unable to displace within their geographical location and/or such displacement would require a change in a nurse’s status (ie: full time to part time), such nurse may displace the least senior nurse, either full-time or part-time in any geographical location. Such process continues until the displacing is completed. The Association and the Employer may agree to a different procedure than described above. The decision by the employee shall be made within five (5) calendar days after being provided notice of layoff.
In all cases of layoff i) Where a vacancy occurs in a position following a layoff hereunder as a result of which an employee has been transferred to another position, the affected employee will be offered the opportunity to return to their former position providing such vacancy occurs within six (6) months of the date of layoff. Where the employee returns to their former position there shall be no obligation to consider the vacancy under Article 13.
01. Where the employee refuses the opportunity to return to their former position the employee shall advise the Hospital in writing.
ii) Full-time and part-time layoff and recall rights shall be separate;
iii) Casual part-time employees shall not be utilized while full- time or regular part-time employees remain on layoff, unless the provisions of Article 14.03 have been complied with or unless the matter is covered by local scheduling.
iv) Any agreement between the Hospital and the Union concerning the method of implementation of a layoff shall take precedence over the terms of this article. While an individual employee is entitled to Union representation, the unavailability of a representative of the Union shall not delay any meeting regarding layoffs or staff reductions;
v) No reduction in the hours of work shall take place to prevent or reduce the impact of a layoff without the consent of the Union;
vi) All employees represented by the Union who are on layoff will be given a job opportunity in the full-time and regular part-time categories before any new employee is hired into either category;
