Common use of JOB SECURITY Clause in Contracts

JOB SECURITY. (a) The Employer shall not contract out any work normally performed by members of the bargaining unit, if, as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteers. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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JOB SECURITY. Full-Time and Part-Time Insert the following standard language. Where the collective agreement provides otherwise and the parties cannot agree to standard language, the existing provision will be maintained as non-standard language. Any non-standard provision related to Staff Planning Committee shall be continued under Article (a) The Employer With respect to the development of any operating or re-structuring plan which may affect the bargaining unit, the Union shall not contract out be involved in the planning process as soon as practicable and, in any work normally performed event, in advance of such plans or proposals being finalized and notices of lay-off being issued or other actions taken that would adversely affect the bargaining unit and through to the final phases of the process. In addition to that, and to any other planning committee in the Hospital of a more broadly representational make-up, there shall be immediately established a Staff Planning Committee for the bargaining unit, which shall meet during the term of this agreement every three (3) months, unless otherwise mutually agreed by the parties. It shall be the function of the Staff Planning Committee to consider possible ways and means of avoiding or minimizing potential adverse effects upon employees in the bargaining unit, including: identifying and proposing possible alternatives to any action that the Hospital may propose taking; identifying and seeking ways to address the retraining needs of employees; identifying vacant positions within the Hospital for which surplus members of the bargaining unitunit might qualify, ifor such positions which are currently filled but which are expected to become vacant within a twelve (12) month period. The Committee shall be comprised of equal number of representatives of the Hospital and from the Union. The number of representatives is to be determined locally, and shall consist of at least two (2) representatives from each party. Meetings of the Committee shall be held during normal working hours. Representatives attending such meetings shall be deemed to be work STANDARD Central Guide Document October time for which the shall be paid by the Hospital at his or her regular or premium rate as direct result may be applicable. The Hospital shall make typing and other such clerical assistance available as required. Each party shall appoint a co-chair for the Committee. Co-chairs shall chair alternate meetings of the Committee and will be jointly responsible for establishing the agenda of the Committee meetings, preparing minutes and writing such contracting outcorrespondence as the Committee may direct. To allow the Staff Planning Committee to carry out its mandated role under this Article, the Hospital will provide the Committee with pertinent financial and staffing information and with a layoff copy of any employees covered by this Collective Agreement occursreorganization plans which impact on the bargaining unit. Contracting out The Committee shall submit its written recommendations to an employer who is organized and who will employ the affected employees Chief Executive Officer of the bargaining unit who would otherwise Hospital and the Board of Trustees. Where there is no consensus within the Committee, the individual members of the Committee shall be laid off is not a breach entitled to submit their own recommendations. Any agreement between the Hospital and the Union resulting from the above review concerning the method of implementation will take precedence over the other provisions of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreementagreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment It is understood that all of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position above shall be replaced either temporarily or permanently with completed in a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteerstimely manner. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

JOB SECURITY. (a) The When it is determined by the Employer that a reduction in the work force is necessary, not less than four (4) calendar weeks notice shall not contract out any work normally performed by members be given to the Union and the employees affected. At the request of either party, the bargaining unit, if, as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occursEmployer and the Union shall meet during the notice period to discuss possible alternatives to the layoff. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise Employees shall be laid off in reverse order of seniority in each classification provided those remaining are qualified to perform the work required. During the notice period, the Employer will request voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with this agreement. The number of employees to be laid off shall be reduced accordingly. It is not a breach of this Agreementunderstood that employees voluntarily resigning will thereby waive their rights to recall. (b) The transfer of If there is a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall)layoff, the Employer shall endeavor employee(s) affected may choose, in order of seniority, within three (3) weeks of notice, to ensure bump employees with less seniority. Full-time employees may bump other full-time employees or part-time employees and part-time employees may bump other part-time employees or full-time employees provided they have more seniority than the employment employee they choose to bump. Employees who choose to bump may bump either those with less seniority in the same classification or those with less seniority in a classification in which they are, in the opinion of the employees affected by Employer, competent to perform the transfer work. Employees shall be permitted a trial period of services, firstly, at thirty (30) days to demonstrate their competence to perform the option of the job they claim. An employee within Community Living Windsor and then within the employ of the agency who chooses not to which the service is being transferred. As far bump shall receive severance pay in advance as possible, the Employer will meet accordance with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employeesthis agreement. (c) An employee displaced under clause (b) above may similarly elect within two (2) weeks to bump into another classification in which the employee is, in the opinion of the Employer, competent to perform. The employee shall also be permitted a trial period of thirty (30) days to demonstrate his or her competence to perform the job claimed. An employee who has transferred into a lower rated classification in accordance with clause (b) shall retain first recall rights to the employee’s previous classification when a vacancy occurs therein. (d) An employee who has reverted to a lower salary group, and whose salary is higher than the maximum of this group, shall be “red-circled” and continue to receive the higher salary at the rate of one (1) month per year of service to a maximum of eighteen (18) months, at which time they shall revert to the highest rate of their new classification. (e) Laid-off employees, or those who bumped into lower classifications, shall be placed on a recall list in order of seniority and the Employer shall fill vacancies according to that list. A laid-off employee may refuse to accept temporary work without his or her recall rights being affected, and a laid-off full-time employee may refuse to accept part-time work without his or her recall rights being affected. A laid off part-time employee may refuse full-time work without his or her recall rights being affected. Laid off employees shall be removed from the recall list when their seniority is lost as outlined in Article 18(b). (f) During a layoff, seniority will be frozen. If the employee is recalled to regular employment, seniority will be restored to the frozen level. An employee on the recall list shall have the option of buying his/her benefits package for the period he or she is on the list. (g) Notice of recall shall be sent to the employee by registered mail, with a copy to the Union office at the same time by registered mail. (h) Except in the case of a change in classification, there shall be no pay cuts for any employee during the term of this collective agreement. (i) For employees who have completed their probationary period, there shall be no discipline, suspension or dismissal except for just and sufficient cause. (j) Employees shall be trained at the Employer's expense during working hours to use new technology and methods in their work. (k) The Employer agrees that shall notify the Union at least three (3) months in advance of the introduction of major changes in equipment or technology used by it in its operations. During this period, on the request of either party, the parties shall meet to discuss the impact of such changes. Where such a change in equipment or technology causes the elimination of positions, the Employer shall offer, to affected employees, retraining for job vacancies within the bargaining unit. Where no bargaining unit position job vacancies exist or where the employee cannot be retrained within a reasonable period of time, the Employer may layoff staff in accordance with this article. (l) There shall be replaced either temporarily or permanently with no change in an employee's job status (full-time/part-time) without the employee's consent. The Employer shall make a volunteer worker(s) nor shall reasonable effort not to transfer an employee against his or her wishes to another classification. (m) No employee will be laid off as a direct result of the Employer utilizing the services increased use of volunteersfreelancers. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

JOB SECURITY. (a) The Employer Both parties recognize that job security shall not contract out any work normally performed by members increase in proportion to length of service. In the bargaining unitevent of a layoff, if, as direct result of such contracting out, a layoff of any the Board shall notify incumbent employees covered by this Collective Agreement occursand the Union when their position shall be subject to layoff. Contracting out Employees so notified can then exercise their seniority rights to an employer who is organized and who will employ the affected bump other employees of the bargaining unit who would otherwise with less seniority. An employee about to be laid off may bump any employee with less seniority, provided the employee exercising the right is not a breach qualified, in accordance with Article 21, Section 6 (Seniority), to perform the duties of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed the position held by the Provincial Ministryless senior employee. A laid off employee retaining recall rights shall be called in order of seniority for casual/substitute work provided the employee is qualified in SCHOOL DISTRICT NO. 38 (RICHMOND) AND CUPE LOCAL 716 Collective Agreement 2022-2025 accordance with Article 21, shall not constitute a breach of this AgreementSection 6 (Seniority). Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstlyAccordingly, at the option time of layoff, an employee shall indicate in writing those areas in which the employee within Community Living Windsor is qualified and then within wishes to be considered for casual/substitute work. An employee may change those areas in which they wish to be considered for casual/substitute work in the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employeesevent that they are qualified. (b) It is not the intent of these layoff and recall procedures that regular 10 month employees are allowed to bump other employees during normal school closures. c) The Employer agrees that no bargaining unit position bumping procedure shall be replaced either temporarily undertaken in such a way that an orderly process is ensured. d) It is mutually agreed that the movement of employees under this procedure shall be accomplished without reference to the posting procedure contained in Article 21, Section 2. However, normal vacancies that may occur due to attrition or permanently with job creation shall be posted. e) If, as the result of a volunteer worker(s) nor shall layoff, an employee wishes to exercise seniority to move to a position which the employee has not previously held and served the required probationary or trial period, the employee shall furnish proof of qualifications acceptable to the Board as provided under Section 7 a) of this Article and shall be laid off required to serve a three (3) month trial period as a result provided under Section 12 a) of this Article. f) Grievances concerning layoffs and recall shall be initiated at Step 2 of the Employer utilizing the services of volunteersGrievance Procedure. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer g) Volunteers will use its best efforts not be scheduled to ensure retention of all seniority and benefits currently enjoyed perform work normally carried out by its employees with the successor employerregular union staff. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall Other employee groups will not perform work normally performed carried out by regular union staff. The use of volunteers shall not result in: i) layoff of employees as defined in the bargaining unit if as Article 21, Section 1 d); ii) failure to recall laid-off employees who retain recall rights; iii) failure to call a result any such substitute or casual employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committeefor an assignment.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

JOB SECURITY. Full-Time and Part-Time (a) The Employer With respect to the development of any operating or re-structuring plan which may affect the bargaining unit, the Union shall not contract out be involved in the planning process as soon as practicable and, in any work normally performed event, in advance of such plans or proposals being finalized and notices of layoff being issued or other actions taken that would adversely affect the bargaining unit and through to the final phases of the process. In addition to that, and to any other planning committee in the Hospital of a more broadly representational make-up, there shall be immediately established a Staff Planning Committee for the bargaining unit, which shall meet during the term of this agreement every three (3) months, unless otherwise mutually agreed by the parties. It shall be the function of the Staff Planning Committee to consider possible ways and means of avoiding or minimizing potential adverse effects upon employees in the bargaining unit, including: identifying and proposing possible alternatives to any action that the hospital may propose taking; identifying and seeking ways to address the retraining needs of employees; identifying vacant positions within the Hospital for which surplus members of the bargaining unitunit might qualify, ifor such positions which are currently filled but which are expected to become vacant within a twelve (12) month period. The Committee shall be comprised of equal number of representatives of the hospital and from the Union. The number of representatives is to be determined locally, and shall consist of at least two (2) representatives from each party. Meetings of the Committee shall be held during normal working hours. Representatives attending such meetings shall be deemed to be work time for which the shall be paid by the Hospital at his or her regular or premium rate as direct result may be applicable. The Hospital shall make typing and other such clerical assistance available as required. Each party shall appoint a co-chair for the Committee. Co-chairs shall chair alternate meetings of the committee and will be jointly responsible for establishing the agenda of the Committee meetings, preparing minutes and writing such contracting outcorrespondence as the Committee may direct. To allow the Staff Planning Committee to carry out its mandated role under this Article, the Hospital will provide the Committee with pertinent financial and staffing information and with a layoff copy of any employees covered by this Collective Agreement occursreorganization plans which impact on the bargaining unit. Contracting out The Committee shall submit its written recommendations to an employer who is organized and who will employ the affected employees Chief Executive Officer of the bargaining unit who would otherwise Hospital and the Board of Trustees. Where there is no consensus within the Committee, the individual members of the committee shall be laid off is not a breach entitled to submit their own recommendations. Any agreement between the Hospital and the Union resulting from the above review concerning the method of implementation will take precedence over the other provisions of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreementagreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment It is understood that all of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position above shall be replaced either temporarily or permanently with completed in a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteerstimely manner. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

JOB SECURITY. (a) The Termination notice shall be one week for each year of service up to a maximum of eight (8) and shall be in writing to the Employee with a copy to the union, and shall give the reason for termination. If the Employer terminates an employee without notice, the Employer will provide pay in lieu of notice based upon one week of pay, (including weekly commission averaged over the previous twelve (12) months) for each year of service, to a maximum of eight (8). When it is determined by the Employer that a reduction in the workforce is necessary, not less than three weeks notice shall not contract out any work normally performed by members of be given to the bargaining unit, if, as direct result of such contracting out, a layoff of any union and the employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreementaffected. (b) The transfer At the request of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), either party the Employer and the Union shall endeavor to ensure meet during the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee notice period to discuss planned changes possible alternative s to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employeeslayoff. (c) Whenever the Employer decides that it is necessary to reduce staff then employees will be laid off within each classification on the basis of the reverse order of their total length of service since last hired provided those remaining are qualified to perform the work required. An employee in a classification being reduced in number may elect to go into any classification within six working days provided the employer deems the employee is qualified and suitable for the work required and that the employee’s total service with the employer exceeds that of another employee in the lower classification, who will be come the employees to be laid off. The employee will receive the appropriate salary scale in the classification. (d) Employees will be recalled to work in the reverse order from that in which they have been laid off, provided they are qualified for the work required and provided, however, that such recall takes place within one year from the date of layoff. Upon being so recalled an employee shall within seven days notify the employer in writing of the employee’s intention to return to work and within and additional seven days report to work. The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently to advise the employee of such recall in writing with a volunteer worker(scopy of the notice to the union. (e) nor shall an employee The Employer will accept voluntary layoffs from other employees in the classification(s) involved in lieu of those identified to be laid off as a result of provided those remaining are qualified and able to perform the Employer utilizing the services of volunteers. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employerwork required. The Employer shall invite will have the Union sole ability to participate in meetings dealing with personnel related issues affecting bargaining unit employeeseither accept or reject the request for voluntary resignations. It is understood that those who voluntarily resign will thereby wave their recall rights. The number of layoffs will be reduced by the number of voluntary resignations from the classification. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees (f) Any employee who refuses a position in the bargaining unit if as classification from which laid off automatically terminates any claim to further employment by the employer except that a result any such full-time employee may refuse work of a temporary nature. (Two months or less). Without affecting their recall rights. (g) During a layoff, seniority will be frozen. If the employee is laid offrecalled to regular employment, seniority will be restored to the frozen level. Grant employeesAn employee on the recall list shall have the option of buying his/her medical benefits for the period he or she is on the list. (h) Notice of recall may be done by telephone; if the employee is not available by telephone, whose contracts require Union approval, and Workfare participants may only perform work normally performed notice will be sent by employees registered mail. The union will be notified of the recall by registered mail. (i) Except in the bargaining unit upon case of a change in classification, there shall be no pay cuts for any employee during the mutual agreement term of the Labour/Management Committeethis collective agreement. (j) For employees who have completed their probationary period, there shall be no discipline, suspension or dismissal except for just cause.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

JOB SECURITY. (a) The Employer shall not contract out any work normally performed by members of the bargaining unit, if, 11.01 No Employee will be laid off or have a reduction in assignment as a direct result of such contracting outthe use of volunteers, a layoff of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreementapprenticeships, co-op students, tutoring programs, practicum students, workfare, or partnerships with community agencies. (b) The transfer of a Program within Community Living Windsor 11.02 No persons including students or government project Employees will be hired until Employees on lay-off have been given an opportunity to another agencywork through recall procedure, as directed by provided each has the Provincial Ministrynecessary skill, shall not constitute a breach of this Agreement. Upon such transfer of services, subject ability and the qualifications to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact do the work and/or job security of bargaining unit employeesavailable. (c) The Employer agrees that no bargaining unit position shall 11.03 No new Employees will be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off hired as a result of the Employer utilizing the services of volunteerslong as there are qualified Bargaining Unit members on lay-off. 20.02 11.04 In the event that the Employer should Thames Valley District School Board shall merge, amalgamate or combine any of its operations or functions with any other agencyanother Board of Education, the Employer Board will use its best efforts to ensure retention of that: (a) Bargaining Unit Employees shall be credited with all seniority and benefits currently enjoyed by its employees rights with the successor employer. The new Employer. (b) All service credits relating to vacation with pay, sick leave credits, pensionable service and other benefits shall be recognized by the new Employer; (c) Conditions of employment and wage rates with the new Employer shall invite be at least equal to those contained in this Collective Agreement; (d) No Employee(s) shall suffer a loss of employment as a result of the Union to participate merger; (e) Preference in meetings dealing with personnel related issues affecting bargaining unit employeeslocation in the merged Board shall be on the basis of seniority; and (f) It will solicit input from the President of CUPE Local 4222 regarding items (a-e) as set forth above and keep the President informed of the status of the discussions involving those items. 20.03 Supervisors, placement students, grant workers and volunteers 11.05 Employees whose jobs are not in the Bargaining Unit shall not perform any Bargaining Unit work normally performed by employees while Employees qualified to perform the available work are on lay off, nor shall such Employees be utilized to the extent that it causes the lay- off or reduction in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement hours of the Labour/Management CommitteeBargaining Unit members.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

JOB SECURITY. (a) The Employer Both parties recognize that job security shall not contract out any work normally performed by members increase in proportion to length of service. In the bargaining unitevent of a layoff, if, as direct result of such contracting out, a layoff of any the Board shall notify incumbent employees covered by this Collective Agreement occursand the Union when their position shall be subject to layoff. Contracting out Employees so notified can then exercise their seniority rights to an employer who is organized and who will employ the affected bump other employees of the bargaining unit who would otherwise with less seniority. An employee about to be laid off may bump any employee with less seniority, provided the employee exercising the right is not a breach qualified, in accordance with Article 21, Section 6 (Seniority), to perform the duties of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed the position held by the Provincial Ministryless senior employee. A laid off employee retaining recall rights shall be called in order of seniority for casual/substitute work provided the employee is qualified in accordance with Article 21, shall not constitute a breach of this AgreementSection 6 (Seniority). Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstlyAccordingly, at the option time of layoff, an employee shall indicate in writing those areas in which the employee within Community Living Windsor is qualified and then within wishes to be considered for casual/substitute work. An employee may change those areas in which they wish to be considered for casual/substitute work in the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employeesevent that they are qualified. (b) It is not the intent of these layoff and recall procedures that regular 10 month employees are allowed to bump other employees during normal school closures. c) The Employer agrees that no bargaining unit position bumping procedure shall be replaced either temporarily undertaken in such a way that an orderly process is ensured. d) It is mutually agreed that the movement of employees under this procedure shall be accomplished without reference to the posting procedure contained in Article 21, Section 2. However, normal vacancies that may occur due to attrition or permanently with job creation shall be posted. e) If, as the result of a volunteer worker(s) nor shall layoff, an employee wishes to exercise seniority to move to a position which the employee has not previously held and served the required probationary or trial period, the employee shall furnish proof of qualifications acceptable to the Board as provided under Section 7 a) of this Article and shall be laid off required to serve a three (3) month trial period as a result provided under Section 12 a) of this Article. f) Grievances concerning layoffs and recall shall be initiated at Step 2 of the Employer utilizing the services of volunteersGrievance Procedure. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer g) Volunteers will use its best efforts not be scheduled to ensure retention of all seniority and benefits currently enjoyed perform work normally carried out by its employees with the successor employerregular union staff. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall Other employee groups will not perform work normally performed carried out by regular union staff. The use of volunteers shall not result in: i) layoff of employees as defined in the bargaining unit if as Article 21, Section 1 d); ii) failure to recall laid-off employees who retain recall rights; iii) failure to call a result any such substitute or casual employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committeefor an assignment.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

JOB SECURITY. (a) The Employer shall not contract out any work normally performed by members of the bargaining unit, if, as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occursA. Bargaining Unit Member Performance and Non-Renewal 1. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteers. 20.02 In the event that the Employer should mergeSuperintendent of Schools decides that the subject bargaining unit member either may not or will not be recommended for a new contract, amalgamate or combine any of its operations or functions with any other agencysuch determination will be made not later than two weeks before the Board meeting at which time a recommendation for non-renewal is to be considered, the Employer Superintendent will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees schedule a private conference with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid offmember and his/her representative to give notice of his/her intentions. Grant employeesIn the course of that conference, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon member may be accompanied by any staff member or association representative of his or her choice, may review with the mutual agreement Superintendent the entire matter. 2. In the event that the Superintendent and Board thereafter make a final decision against the renewal of a bargaining unit member’s contract, a written notice with specific reasons describing the circumstances that led to the Notice of Intent Not To Renew will be issued and delivered to the member on or before June 1 of the Labour/Management Committeecurrent school year. This notice shall be by certified mail. Said written notice of non-renewal shall be deemed to have been sent in a timely manner if posted as certified mail to the member’s last known address by the June 1 deadline. 3. Within five days of receipt of the written circumstances from the Treasurer, the bargaining unit member may file a demand for a hearing before the Board. The Treasurer, on behalf of the Board, will provide the bargaining unit member with written notice of the time, date, and place of the hearing. The hearing shall be in executive session. The bargaining unit member shall have the right to have Association counsel present, and may present evidence controverting the stated reasons for the non-renewal. The Board will issue a written decision and order in no more than ten days from the conclusion of the hearing. Appeal of the Board’s decision and order must be filed within thirty days after the bargaining unit member’s receipt of the Board’s decision and order. Appeals will be initiated at Level 4 of the grievance procedure. 4. The parties hereby agree that the provisions of this section supersede all applicable sections of Ohio law relating to contract non-renewals.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

JOB SECURITY. (a) The When it is determined by the Employer that a reduction in the work force is necessary, not less than four (4) calendar weeks notice shall not contract out any work normally performed by members be given to the Union and the employees affected. At the request of either party, the bargaining unit, if, as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occursEmployer and the Union shall meet during the notice period to discuss possible alternatives to the layoff. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise Employees shall be laid off in reverse order of seniority in each classification provided those remaining are qualified to perform the work required. During the notice period, the Employer will request voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with this agreement. The number of employees to be laid off shall be reduced accordingly. It is not a breach of this Agreementunderstood that employees voluntarily resigning will thereby waive their rights to recall. (b) The transfer of If there is a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall)layoff, the Employer shall endeavor employee(s) affected may choose, in order of seniority, within seven (7) working days of notice, to ensure bump employees with the employment lowest seniority. Full-time employees may bump other full-time employees or part-time employees and part-time employees may bump other part-time employees or full-time employees provided they have more seniority than the employee they choose to bump. Employees who choose to bump may bump either those with the lowest seniority in the same classification or those with the lowest seniority in a classification in which they are, in the opinion of the employees affected by Employer, competent to perform the transfer work. Employees shall be permitted a trial period of services, firstly, at up to thirty (30) days to demonstrate their competence to perform the option of the job they claim. An employee within Community Living Windsor and then within the employ of the agency who chooses not to which the service is being transferred. As far bump shall receive severance pay in advance as possible, the Employer will meet accordance with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employeesthis agreement. (c) An employee displaced under clause (b) above may similarly elect within seven (7) working days to bump the employee with the lowest seniority in another classification in which the employee is, in the opinion of the Employer, competent to perform the work. The employee shall also be permitted a trial period of up to thirty (30) days to demonstrate his or her competence to perform the job claimed. An employee who has transferred into a lower rated classification in accordance with clause (b) shall retain first recall rights to the employee’s previous classification when a vacancy occurs therein. (d) An employee who has reverted to a lower salary group, and whose salary is higher than the maximum of this group, shall be “red-circled” and continue to receive the higher salary at the rate of one (1) month per year of service to a maximum of eighteen (18) months, at which time they shall revert to the highest rate of their new classification. (e) Laid-off employees, or those who bumped into lower classifications, shall be placed on a recall list in order of seniority and the Employer shall fill vacancies according to that list. A laid-off employee may refuse to accept temporary work without his or her recall rights being affected, and a laid-off full-time employee may refuse to accept part-time work without his or her recall rights being affected. A laid off part-time employee may refuse full-time work without his or her recall rights being affected. Laid off employees shall be removed from the recall list when their seniority is lost as outlined in Article 18(b). (f) During a layoff, seniority will be frozen. If the employee is recalled to regular employment, seniority will be restored to the frozen level. An employee on the recall list shall have the option of buying his/her benefits package for the period he or she is on the list. (g) Notice of recall shall be sent to the employee by registered mail, with a copy to the Union office at the same time by registered mail. (h) Except in the case of a change in classification, there shall be no pay cuts for any employee during the term of this collective agreement. (i) For employees who have completed their probationary period, there shall be no discipline, suspension or dismissal except for just and sufficient cause. (j) Employees shall be trained at the Employer's expense during working hours to use new technology and methods in their work. (k) The Employer agrees that shall notify the Union at least three (3) months in advance of the introduction of major changes in equipment or technology used by it in its operations. During this period, on the request of either party, the parties shall meet to discuss the impact of such changes. Where such a change in equipment or technology causes the elimination of positions, the Employer shall offer, to affected employees, retraining for job vacancies within the bargaining unit. Where no bargaining unit position job vacancies exist or where the employee cannot be retrained within a reasonable period of time, the Employer may layoff staff in accordance with this article. (l) There shall be replaced either temporarily or permanently with no change in an employee's job status (full-time/part-time) without the employee's consent. The Employer shall make a volunteer worker(s) nor shall reasonable effort not to transfer an employee against his or her wishes to another classification. (m) No employee will be laid off as a direct result of the Employer utilizing the services increased use of volunteersfreelancers. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer shall not contract out any work normally performed by members 35.1 In the interest of harmonious relations and for the mutual benefit of the bargaining unit, if, as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized USW Local and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possibleEmployer, the Employer will meet with the Labour Management Committee make every effort to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or ensure stability and job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteers. 20.02 security. In the event that the Employer should mergemust reduce the size of the work force as a result of fiscal restraints, amalgamate or combine the provisions of this Article shall apply. 35.2 Prior to implementing any layoff, the Employer shall advise the USW of its operations or functions the specific employee(s) involved the number of weeks required under the Employment Standards Act in advance of the commencement of the layoff, up to and not to exceed eight (8) weeks. At the time of advising the USW of impending layoff, the parties shall meet to discuss ways of reducing the impact of the layoffs on the bargaining unit. 35.3 Where employees are to be laid off, such layoffs shall proceed in inverse order of seniority with any other agencythe Employer. Whenever a layoff in a location and/or classification is necessary, seniority shall establish which employee shall be laid off. 35.4 Employees on layoff shall continue to accumulate seniority for twelve (12) months. When vacancies occur, employees on layoff shall be recalled in order of seniority provided that the recalled employee possesses the occupational qualifications of the job. Following twelve (12) months on layoff, an employee shall lose the right to recall. When an employee is recalled, the Employer will use its best efforts provide reasonable time for any necessary notice or individual personal arrangement. 35.5 The Employer and the USW will cooperate in assisting laid off employees to ensure retention obtain employment elsewhere. In particular, it is agreed that reasonable time off will be given for employment search including attendance at job interviews during the notice period. Also, the Employer facilities may be used for preparation of all seniority a resume, letters of reference, etc. 35.6 It is agreed that the Employer, the USW and benefits currently enjoyed by its the employees with in the successor employerdepartment(s) involved shall cooperate in redefining the priorities of the department(s) and reassigning the necessary work. The Employer shall invite communicate as much information as possible to its membership concerning the Union services to participate in meetings dealing with personnel related issues affecting bargaining unit employeesbe curtailed. 20.03 Supervisors35.7 a) Employees on layoff who have qualified for benefits coverage as in Article 2.6 shall be covered for all benefits provided through the Fraternal Benefit Society, placement studentsexcept for Weekly Indemnity and Long Term Disability. Such coverage shall extend until thirty (30) days after the employee has commenced other permanent employment, grant workers and volunteers shall not perform work normally performed by employees or one (1) year from the date of layoff (or six (6) months from the date of layoff in the bargaining unit if as a result any such case of an employee is laid offwho has less than two (2) years of employment with the Employer), whichever occurs first. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed The cost of premiums shall be borne by employees in the bargaining unit upon the mutual agreement of the Labour/Management CommitteeEmployer.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer Assured Number of Jobs in the East shall be two hundred and will not contract out any work normally performed by members be reduced during the term of this Agreement, except in the event of a store closure or a major disaster. All these full-time employees will be offered an Assurance of Employment of thirty-seven hours per week in accordance with Article of this Agreement in the bargaining unit set forth in Article 2 of this Agreement, during the period from April and for the term of this Agreement and until the time set forth in Section of the bargaining unitLabour Relations Act has elapsed, ifexcept in the event of the closure of, as direct result or a major disaster involving their store. Any employees who are off on disability leave for or Workers’ Compensation for a period exceeding two years or who are employed for the purpose of such contracting outreplacing employees who are absent due to sickness and accident will not be included in the count for the assured jobs. In the event of a store closure or a major disaster, a layoff the Assured Number of any Jobs is reduced by lay-off by the number of employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ in the affected store. In the event of a new store opening, the Assured Number of Jobs would only increase by the number of “true new hires”. In the event the Assured Number of Jobs falls below the required Number and the Employer would encounter difficulties replacing employees who leave, the Employer and the Union may mutually agree that the Employer will not be required to replace such employees and such agreement will not be unreasonably withheld. An employee relieving in the position of Assistant Store Manager, Grocery Manager, Produce Manager, Junior Produce Manager, Customer Service Manager, Meat Manager, Assistant Meat Manager, Bakery Manager, Lead Hand Xxxxx, Service Department Manager or Night Shift Lead Hand, shall receive the hourly rate for the classification to which they are temporarily assigned, after they have completed more than one working day in such classification, exclusive of Sundays and Statutory Holidays, in a seven calendar day week. Upon completion of more than one working day in the classification, the above will be to the commencement of the relieving period. No part-time employee will be assigned to relieve in the positions aforesaid if a full-time employee who has sufficient ability and qualifications to do the relief work is available. Where employees relieve the Store Manager, they shall receive a relief premium of one dollar and fifty cents per hour worked, in addition to their normal hourly rate. It is understood that in the calculation of this premium for the applicable employees each week, all full shifts during which the Store Managers are absent from the store beyond their normal day off shall be taken into account. In such cases, the premium will be to include the Store Manager’s day off. In these circumstances they shall continue to be a member of the bargaining unit who would otherwise be laid off is not a breach of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed and covered by the Provincial Ministry, shall not constitute a breach terms of this Agreement. Upon such transfer of servicesOn an evening when a store is open for customer shopping convenience and the Store Manager, subject Assistant Store Manager and Grocery Manager are not on duty, full-time employees will be assigned to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment be in charge of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor store and then within the employ of the agency shall receive a ten dollar bonus in addition to which the service is being transferredtheir night shopping premium. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position There shall be replaced either temporarily no discrimination on account of race, colour, creed, national origin, sex, age or permanently with a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteers. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees membership in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management CommitteeUnion.

Appears in 1 contract

Samples: Collective Bargaining Agreement

JOB SECURITY. (a) The Employer With respect to the development of any operating or re-structuring plan which may affect the bargaining unit, the Union shall not contract out be involved in the planning process as soon as practicable and, in any work normally performed event, in advance of such plans or proposals being finalized and notices of layoff being issued or other actions taken that would adversely affect the bargaining unit and through to the final phases of the process. In addition to that, and to any other planning committee in the Hospital of a more broadly representational make-up, there shall be immediately established a Staff Planning Committee for the bargaining unit, which shall meet during the term of this agreement every three months, unless otherwise mutually agreed by the parties. It shall be the function of the Staff Planning Committee to consider possible ways and means of avoiding or minimizing potential adverse effects upon employees in the bargaining unit, including: identifying and proposing possible alternatives to any action that the hospital may propose taking; identifying and seeking ways to address the retraining needs of employees; identifying vacant positions within the Hospital for which surplus members of the bargaining unitunit might qualify, ifor such positions which are currently filled but which are expected to become vacant within a twelve (12) month period. The Committee shall be comprised of equal number of representatives of the hospital and from the Union. The number of representatives is to be determined locally, and shall consist of at least two representatives from each party. Meetings of the Committee shall be held during normal working hours. Representatives attending such meetings shall be deemed to be work time for which the shall be paid by the Hospital at his or her regular or premium rate as direct result may be applicable. The Hospital shall make typing and other such clerical assistance available as required. Each party shall appoint a co-chair for the Committee. Co-chairs shall chair alternate meetings of the committee and will be jointly responsible for establishing the agenda of the Committee meetings, preparing minutes and writing such contracting outcorrespondence as the Committee may direct. To allow the Staff Planning Committee to carry out its mandated role under this Article, the Hospital will provide the Committee with pertinent financial and staffing information and with a layoff copy of any employees covered by this Collective Agreement occursreorganization plans which impact on the bargaining unit. Contracting out The Committee shall submit its written recommendations to an employer who is organized and who will employ the affected employees Chief Executive Officer of the bargaining unit who would otherwise Hospital and the Board of Trustees. Where there is no consensus within the Committee, the individual members of the committee shall be laid off is not a breach entitled to submit their own recommendations. Any agreement between the Hospital and the Union resulting from the above review concerning the method of implementation will take precedence over the other provisions of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreementagreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment It is understood that all of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position above shall be replaced either temporarily or permanently with completed in a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteerstimely manner. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. a) When it is determined by the Employer that a reduction in the work force is necessary, not less than four (a4) calendar weeks notice shall be given to the Union and the employees affected. At the request of either party, the Employer and the Union shall meet during the notice period to discuss possible alternatives to the layoff. Employees shall be laid off in reverse order of seniority in each classification provided those remaining are qualified to perform the work required. During the notice period, the Employer will request voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with this agreement. The number of employees to be laid off shall be reduced accordingly. It is understood that employees voluntarily resigning will thereby waive their rights to recall. b) If there is a layoff, the employee(s) affected may choose, in order of seniority, within seven (7) working days of notice, to bump employees with the lowest seniority. Full-time employees may bump other full-time employees or part-time employees and part-time employees may bump other part-time employees or full-time employees provided they have more seniority than the employee they choose to bump. Employees who choose to bump may bump either those with the lowest seniority in the same classification or those with the lowest seniority in a classification in which they are, in the opinion of the Employer, competent to perform the work. Employees shall be permitted a trial period of up to thirty (30) days to demonstrate their competence to perform the job they claim. An employee who chooses not to bump shall receive severance pay in accordance with this agreement. c) An employee displaced under clause (b) above may similarly elect within seven (7) working days to bump the employee with the lowest seniority in another classification in which the employee is, in the opinion of the Employer, competent to perform the work. The employee shall also be permitted a trial period of up to thirty (30) days to demonstrate his or her competence to perform the job claimed. An employee who has transferred into a lower rated classification in accordance with clause (b) shall retain first recall rights to the employee’s previous classification when a vacancy occurs therein. d) An employee who has reverted to a lower salary group, and whose salary is higher than the maximum of this group, shall be red-circled and continue to receive the higher salary at the rate of one (1) month per year of service to a maximum of eighteen (18) months, at which time they shall revert to the highest rate of their new classification. e) Laid-off employees, or those who bumped into lower classifications, shall be placed on a recall list in order of seniority and the Employer shall fill vacancies according to that list. A laid-off employee may refuse to accept temporary work without his or her recall rights being affected, and a laid-off full-time employee may refuse to accept part-time work without his or her recall rights being affected. A laid-off part-time employee may refuse full-time work without his or her recall rights being affected. Laid-off employees shall be removed from the recall list when their seniority is lost as outlined in Article 18(b). f) During a layoff, seniority will be frozen. If the employee is recalled to regular employment, seniority will be restored to the frozen level. An employee on the recall list shall have the option of buying his/her benefits package for the period he or she is on the list. g) Notice of recall shall be sent to the employee by registered mail, with a copy to the Union office at the same time by registered mail. h) Except in the case of a change in classification, there shall be no pay cuts for any employee during the term of this collective agreement. i) For employees who have completed their probationary period, there shall be no discipline, suspension or dismissal except for just and sufficient cause. j) Employees shall be trained at the Employer's expense during working hours to use new technology and methods in their work. k) The Employer shall not contract out any work normally performed by members notify the Union at least three (3) months in advance of the bargaining unitintroduction of major changes in equipment or technology used by it in its operations. During this period, ifon the request of either party, as direct result the parties shall meet to discuss the impact of such contracting out, changes. Where such a layoff change in equipment or technology causes the elimination of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall)positions, the Employer shall endeavor offer, to ensure affected employees, retraining for job vacancies within the employment of the employees affected by the transfer of services, firstly, at the option of bargaining unit. Where no job vacancies exist or where the employee cannot be retrained within Community Living Windsor and then within the employ a reasonable period of the agency to which the service is being transferred. As far in advance as possibletime, the Employer will meet may layoff staff in accordance with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employeesthis article. (cl) The Employer agrees that no bargaining unit position There shall be replaced either temporarily or permanently with a volunteer worker(sno change in an employee's job status (full-time/part-time) nor shall an employee be laid off as a result of without the Employer utilizing the services of volunteers. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employeremployee's consent. The Employer shall invite the Union make a reasonable effort not to participate in meetings dealing with personnel related issues affecting bargaining unit employeestransfer an employee against his or her wishes to another classification. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) Subject to the provisions below, the Company will not contract work normally performed at the Plant by employees covered by this Agreement if the necessary equipment and qualified employees are available within the Plant to properly perform such work in the required time. This section does not apply to: (i) New construction contracts; (ii) Extensive major repairs to operating units; (iii) Janitorial work; (iv) Equipment turnarounds. (v) Sabbatical leaves (b) In the event that it is necessary to contract out work in accordance with this Clause 15.01, the Company shall inform the Union as to the number of contract employees involved, the work the contract employees will be performing, and the estimated duration of the work and the reasons for the contracting requirements. (c) Performance of work for the Company by the contractors at this location will not serve to alter any right an employee has under the terms of this Agreement, nor cause the lay-off of any employee in the Bargaining Unit. (d) The Company will create work schedules which will enable them to carry out maintenance work including the maximum amount of equipment turnaround work possible subject to the availability and qualifications of an employee to do the turnaround work required and also subject to ensuring that sufficient Company employees are available to do all maintenance work during and following the turnaround. Where contractor's employees are used to perform Plant turnaround work and are scheduled to work extended work hours, Company employees required to perform turnaround work will be offered the opportunity to work the same work schedule as the contractor's employees. (e) The maximum number of contractors performing normal routine plant maintenance shall be one less than the bargaining unit maintenance complement. It is further understood that short term increases in the contract maintenance complement for specific projects are covered under 15.01 (a)(ii). (f) Contracting out of Lab work will be done in accordance with Article 15.01 (b) and (c) of the Agreement 15.02 SUPERVISORS DOING WORK - Supervisors will not do work assigned to employees covered by the classifications in the Collective Bargaining Agreement except: (a) in emergencies; (b) in the instruction of employees; (c) in the experimental work and performance tests which require special techniques and knowledge. (a) The Employer Company shall not contract out any work normally performed by members notify the Union six months in advance of intent to: (i) institute changes in working methods or facilities, (ii) close or partially close the bargaining unitplant, if, as direct or (iii) permanently reduce the workforce if such action will result of such contracting out, a in the layoff or termination of any employees employee covered by this Collective Agreement occursAgreement. Contracting out to an employer who is organized Such notice shall be in writing and who will employ state: (i) the affected employees nature of the bargaining unit who would otherwise technological change (ii) the effective date of the change (iii) the approximate number of employees to be laid off affected by the change (iv) the effect the change is not a breach likely to have on the terms and conditions or security of employment of the employees affected (v) the rationale of the change (vi) other such information required by regulations made pursuant to the Canada Labour Code. Upon giving such notice, the Company will meet the Union to discuss the impact and alternatives available to resolve the issues arising from these changes. Failure to resolve any issues under this AgreementArticle by the parties may be referred for resolution under the relevant section of the Canada Labour Code. (b) The transfer of a Program within Community Living Windsor Company agrees to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff participate in training and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the retraining any employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employeeslaid off. (c) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an Any employee be laid off as a result of the Employer utilizing the services of volunteers. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed covered by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee this collective agreement who is laid off, or terminated, under the terms of this Article, provided the employee forfeits the right to recall, shall be entitled to severance pay based on the greater of: (i) Four (4) weeks pay multiplied by 1.15; or (ii) two (2) week’s pay plus two (2) week’s pay for each year of continuous service multiplied by 1.15, provided in either case the employee has at least one year of continuous service with the company. Grant employees, whose contracts require Union approval, Severance pay for a partial year of service will be calculated on a prorated basis; or (iii) the amount of severance pay required by applicable Employment Standards legislation. The Company will take into consideration all applicable legislation and Workfare participants may only perform work normally performed by employees regulations in an effort to provide the employee with the greatest flexibility in the bargaining unit upon payment of severance pay. For the mutual agreement purposes of this Article, one week's pay is defined as the Labour/Management Committee.employee's basic hourly wage rate at the time of termination times forty

Appears in 1 contract

Samples: Collective Bargaining Agreement

JOB SECURITY. (69.1 The Employer may lay-off any employee by reason of shortage of work or funds, abolition of a position or other material change in the organization. Where a lay-off occurs, the identification of a surplus employee and the subsequent assignment or lay-off shall be based on the employee’s seniority. Part-time, regular employees would be subject to lay-off only if such a lay-off could not be prevented by reviewing and eliminating the contract positions in the affected area. 69.2 A part-time, regular employee who received a notice of layoff may be re- assigned to a full-time, regular or a part-time regular vacancy in the Bargaining Unit on the basis of her/his seniority, provided that the employee is qualified for and capable of performing the duties of the vacant position and the maximum hourly rate of pay is not greater than 3% above nor 20% below the maximum hourly rate of pay of the surplus employee’s position. All of these assignments shall be conditional upon the employee’s acceptance of the vacant position as it exists at the time, i.e. full-time work hours or part-time work hours. 69.3 Subject to the employee’s being qualified and able to perform the duties of the position, a part-time regular employee who has completed her/his probationary period, who has not been assigned to a vacancy and who is subject to lay-off as a surplus employee shall have the right to displace a part- time regular employee who shall be identified by the Employer in the following manner and sequence: a) The Employer shall not contract out any work normally performed by members if no employee in the same position has less seniority than the surplus employee the employer will review the position below the class of the bargaining unitsurplus employee, ifin the same class series in descending order until a position is found in which an employee with the least seniority in the position has less seniority than the surplus employee. In that event, as direct result such employee will be displaced by the surplus employee provided that the surplus employee is qualified to perform the work of such contracting outemployee; b) failing displacement under a) the Employer will identify positions in other class series in the Bargaining Unit, in descending order until a layoff positions is found in which an employee with the least seniority in the position, has less seniority than the surplus employee, and provided that the surplus employee is qualified to perform the work of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ such employee, the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreementsurplus employee shall displace that employee. (b) The transfer of a Program within Community Living Windsor to another agency69.4 Notwithstanding these provisions, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to subalternative arrangements concerning job security which may include re-article 15.05 (Layoff and Recall), training may be negotiated between the Employer shall endeavor and the Union and implemented by mutual consent. 69.5 Where a part-time, regular employee chooses to ensure exercise the employment of displacement option s/he must notify the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As Employer in writing as far in advance as possiblepossible but not later than two (2) weeks following the date of notification of lay-off. In the absence of the Employer receiving such a notice, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position employee shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee deemed to have opted to be laid off as a result of the Employer utilizing the services of volunteersand thus be laid off. 20.02 In the event that the Employer should merge69.6 A part-time, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such regular employee who is laid off. Grant employees, whose contracts require Union approval, off and Workfare participants may only perform work normally performed by employees who has been employed for three (3) months or more shall receive notice in the bargaining unit upon the mutual agreement of the Labour/Management Committee.writing or pay in lieu thereof as follows:

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer With respect to the development of any operating or re-structuringplan which may affect the bargaining unit, the Union shall not contract out be involved in the planning process as soon as and, in any work normally performed event, in advance of such plans or proposals being finalized and notices of layoff being issued or other actions taken that would adversely affect the bargaining unit and through to the final phases of the process. In addition to that, and to any other planning committee in the Hospital of a more broadly representational make-up, there shall be immediately established a Staff Planning Committee for the bargaining unit, which shall meet during the term of this agreement every three months, unless otherwise mutually agreed by the parties. It shall be the function of the Staff Planning Committee to consider possible ways and means of avoiding or minimizing potential adverse effects upon employees in e bargaining unit, including: identifying and proposing possible alternatives to any action that the hospital may propose taking; identifying and seeking ways to address the retraining needs of employees; identifying vacant positions within the Hospital for which surplus members of the bargaining unitunit might qualify, ifor such positions which are currently filled but which are expected to become vacant within a twelve (12) month period. The Committee shall be comprised of equal number of representativesof the hospital and from the Union. The number of representatives is to be determined locally, and shall consist of at least two representatives from each party. Meetings of the Committee shall be held during normal working hours. Representatives attending such meetings shall be deemed to be work time for which the shall be paid by the at his or her regular or premium rate as direct result may be applicable. The Hospital shall make typing and other such clerical assistance available as required. Each party shall appoint a co-chair for the Committee. Co-chairs chair alternate meetings of the committee and will be jointly responsible for establishing the agenda of the Committee meetings, preparing minutes and writing such contracting outcorrespondence as the Committee may direct. To allow the Staff Planning Committee to carry out its mandated role under this Article, the Hospital will provide the Committee with pertinent financial and staffing information and with a layoff copy of any employees covered by this Collective Agreement occursreorganization plans which impact on the bargaining unit. Contracting out The Committee shall submit its written recommendations to an employer who is organized and who will employ the affected employees Chief Executive Officer of the bargaining unit who would otherwise Hospital and the Board of Trustees. Where there is no consensus within the Committee, the individual members of the committee shall be laid off is not a breach entitled to submit their own recommendations. Any agreement between the Hospital and the Union resulting from the above review concerning the method of implementation will take precedence over the other provisions of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreementagreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment It is understood that all of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far above be completed in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employeesa timely manner. (c) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteers. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Part Time Collective Agreement

JOB SECURITY. (a) The When it is determined by the Employer that a reduction in the work force is necessary, not less than four (4) calendar weeks notice shall not contract out any work normally performed by members be given to the Union and the employees affected. At the request of either party, the bargaining unit, if, as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occursEmployer and the Union shall meet during the notice period to discuss possible alternatives to the layoff. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise Employees shall be laid off in reverse order of seniority in each classification provided those remaining are qualified to perform the work required. During the notice period, the Employer will request voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with this agreement. The number of employees to be laid off shall be reduced accordingly. It is not a breach of this Agreementunderstood that employees voluntarily resigning will thereby waive their rights to recall. (b) The transfer of If there is a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall)layoff, the Employer shall endeavor employee(s) affected may choose, in order of seniority, within three weeks of notice, to ensure bump employees with less seniority. Full-time employees may bump other full-time employees or part-time employees and part-time employees may bump other part-time employees or full-time employees provided they have more seniority than the employment employee they choose to bump. Employees who choose to bump may bump either those with less seniority in the same classification or those with less seniority in a classification in which they are, in the opinion of the employees affected by Employer, competent to perform the transfer work. Employees shall be permitted a trial period of services, firstly, at thirty (30) days to demonstrate their competence to perform the option of the job they claim. An employee within Community Living Windsor and then within the employ of the agency who chooses not to which the service is being transferred. As far bump shall receive severance pay in advance as possible, the Employer will meet accordance with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employeesthis agreement. (c) An employee displaced under clause (b) above may similarly elect within two weeks to bump into another classification in which the employee is, in the opinion of the Employer, competent to perform. The employee shall also be permitted a trial period of thirty (30) days to demonstrate his or her competence to perform the job claimed. (d) Notwithstanding any other clause in this article, an employee who bumps into a lower classification shall be paid the top minimum for that classification. However, where this would result in a raise in pay, the employee's salary shall stay the same. (e) Laid-off employees, or those who bumped into lower classifications, shall be placed on a recall list in order of seniority and the Employer shall fill vacancies according to that list. A laid-off employee may refuse to accept temporary work without his or her recall rights being affected, and a laid-off full-time employee may refuse to accept part-time work without his or her recall rights being affected. A laid off part-time employee may refuse full-time work without his or her recall rights being affected. Laid off employees shall be removed from the recall list when their seniority is lost as outlined in Article 18(b). (f) During a layoff, seniority will be frozen. If the employee is recalled to regular employment, seniority will be restored to the frozen level. An employee on the recall list shall have the option of buying his/her benefits package for the period he or she is on the list. (g) Notice of recall shall be sent to the employee by registered mail, with a copy to the union office at the same time by registered mail. (h) Except in the case of a change in classification, there shall be no pay cuts for any employee during the term of this collective agreement. (i) For employees who have completed their probationary period, there shall be no discipline, suspension or dismissal except for just and sufficient cause. (j) Employees shall be trained at the Employer's expense during working hours to use new technology and methods in their work. (k) The Employer agrees that shall notify the Union at least three months in advance of the introduction of major changes in equipment or technology used by it in its operations. During this period, on the request of either party, the parties shall meet to discuss the impact of such changes. Where such a change in equipment or technology causes the elimination of positions, the Employer shall offer, to affected employees, retraining for job vacancies within the bargaining unit. Where no bargaining unit position job vacancies exist or where the employee cannot be retrained within a reasonable period of time, the Employer may lay off staff in accordance with this article. (l) There shall be replaced either temporarily or permanently with no change in an employee's job status (full-time/part-time) without the employee's consent. The Employer shall make a volunteer worker(s) nor shall reasonable effort not to transfer an employee against his or her wishes to another classification. (m) No employee will be laid off as a direct result of the Employer utilizing the services increased use of volunteersfreelancers. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) Employees not covered by the terms of this Agreement will not perform duties normally assigned to those employees who are covered by this Agreement, except for the purposes of instruction, experimentation or in emergencies where regular employees are not available. The Employer shall not contract out any work normally usually performed by members of the bargaining unit, if, if as direct a result of such contracting out, a layoff of any employees covered other than casual part-time employees results from such contracting out. Notwithstanding the foregoing, the Employer may contract out work usually performed by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees members of the bargaining unit who would otherwise be laid off is not without such contracting-out constituting a breach of this Agreement. (b) The transfer provision if the Employer provides in its commercial arrangement contracting out the work that the contractor to whom the work is being contracted, and any subsequent such contractor, agrees: to employ the employees thus displaced from the Employer; and in doing so to stand, with respect to that work, in the place of a Program within Community Living Windsor the Employer for the purposes of the Employer’s collective agreement with the Union, and to another agency, as directed by execute into an agreement with the Provincial Ministry, shall not constitute a breach of Union to that effect. In order to ensure compliance with this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall)provision, the Employer shall endeavor agrees that it will withdraw the work from any contractor who has failed to ensure meet the employment aforesaid terms of the employees affected contracting-out arrangement. On request by the transfer of Union the Employer will to review contracted services, firstly, at which fall within the option work of the employee within Community Living Windsor and then within the employ bargaining unit. The purpose of the agency review will be to determine the practicality of increasing the degree to which bargaining unit employees may be utilized to deliver such services in the service is being transferredfuture. As far The Employer further agrees that the results of their review will be submitted to the Labour Adjustment Committee for its consideration The Employer agrees to notify the Union, in advance as possiblefar as practical, of its intention to introduce technological changes which the Employer has decided to introduce which will meet with significantly change the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact status of employees within the work and/or job security of bargaining unit employees. (c) unit. The Employer agrees to discuss with the Union the effect of such technological changes on the employment status of employees and to consider practical ways and means of minimizing the adverse effects, if any, upon present employees. Technological Change means the automation of equipment, or the mechanization or automation of operations, or the replacement of existing equipment or machinery with new equipment or machinery that no bargaining unit position results in the displacement of an employee from their regular job. Where new or greater skills are required than are already possessed by affected employees under the present methods of operation, such employees shall be replaced either temporarily given a period of training during which they may perfect or permanently with a volunteer worker(s) nor acquire the skills necessitated by the new method of operation. There shall an employee be laid off as a result no reduction in wage or salary rates during the training period of the Employer utilizing the services of volunteers. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid offemployee. Grant employees, whose contracts require Union approval, and Workfare participants may only perform Training shall be given during the hours of work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committeewhenever possible.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) Discharges may be either (1) for just and sufficient cause or (2) to reduce the force. The Employer term "reduce the force" as used herein shall not contract out any work normally performed by members of the bargaining unit, if, be construed as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreementsynonymous with discharges for economy. (b) The transfer There shall be no dismissals of a Program within Community Living Windsor to another agency, as directed by or other discrimination against any employee because of membership or activity in the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employeesUnion. (c) The Union and the employee shall be notified in writing at least two weeks in advance of any dismissal, with the reason for the dismissal stated in such notice. (d) As an alternative to involuntary layoffs, the Employer agrees that no bargaining unit position to first consider offering a financial incentive to achieve the desired reduction in force. The decision to offer such incentives shall be replaced either temporarily or permanently with a volunteer worker(sat the sole discretion of the Employer. (e) nor shall an employee be laid off as a result The parties acknowledge the continuation of the prerogative of the Employer utilizing to discharge to reduce the services of volunteersforce shall be maintained. The Employer’s decision to reduce the force shall not be subject to the grievance and arbitration procedures contained in Article XIII – Grievances or other legal challenge by the Guild and its members. 20.02 (f) Dismissals to reduce the force shall be imposed in the reverse order of the length of service with the Employer, with exceptions noted as follows in (g) and (h). (g) In the event that the Employer should merge, amalgamate or combine any case of its operations or functions with any other agencyan involuntary reduction in force, the Employer will use its best efforts shall notify the Guild of the intent to ensure retention reduce the force, stating the number of all employees to be affected and the job titles that would be impacted by the reduction. Dismissals shall be in the reverse order of length of service; however the remaining employee(s) must reasonably possess the qualifications to perform the work of any junior employee dismissed, in the opinion of the Employer. A junior employee who cannot be replaced by a reasonably qualified senior employee need not be dismissed because of seniority and benefits currently enjoyed by its employees with the successor employer. Employer may move up the list in seniority order until the dismissal can be accomplished within the guideline set forth herein. (h) The Employer in its sole discretion shall invite have the Union right to participate designate up to two (2) employees as exempt from the reduction in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers force. Such designation shall not perform work normally performed by employees be subject to the grievance and arbitration procedures contained in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.ARTICLE XIII –

Appears in 1 contract

Samples: Collective Bargaining Agreement

JOB SECURITY. (a) 1. The Employer Company shall not contract out discharge or suspend any work normally performed by members Employee without just cause. The reasons for discharge or suspension must be given to the Employee in writing at the time of the bargaining unitdiscipline, if, as direct result of such contracting out, or within a layoff reasonable time thereafter. The Guild shall be given prompt written notice to its New York office of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreementdischarge or suspension. (b) The transfer of a Program within Community Living Windsor to another agency, 2. There shall be no reduction in salaries except as directed by the Provincial Ministry, shall not constitute a breach of may be qualified elsewhere in this Agreement. Upon such transfer In case of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possiblean involuntary transfer, the Employer will meet first determine the qualifications needed with respect to the Labour Management Committee individual to discuss planned changes to its structurebe transferred. Then, operations and/or services which may substantially impact among the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteers. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agencyEmployees who have these qualifications, the Employer will use its best efforts seek volunteers. In the case of more than one (1) volunteer, the senior Employee will be transferred. If there are no qualified Employees who volunteer to ensure retention of all seniority and benefits currently enjoyed by its employees transfer, the junior Employee with the successor employerrequisite qualifications will be transferred. The Employer Should the Employee decline a transfer, he/she shall invite receive severance as provided for in Article 12 (Severance). Acceptance of severance by an Employee shall be entered on the Union records as a resignation. An Employee shall not be forced to participate transfer to another City because of his/her membership or activity (including the filing of grievances) in meetings dealing with personnel related issues affecting bargaining unit employeesthe Guild. 20.03 Supervisors3. In the case of a reduction in staff or when bureau functions cease or are transferred elsewhere, placement studentsjob seniority shall be determinative among Employees who have demonstrated ability to perform the work within their bureau. If the senior Employee has demonstrated ability to perform the available work, grant workers and volunteers shall not the Employee with the least seniority in the classification will be selected for layoff. If the least senior Employee has the demonstrated ability to perform work normally performed that was transferred to another bureau, he/she will be offered a transfer. Should the Employee decline a transfer or be released by employees reduction of force he/she shall receive dismissal indemnity as provided for in Article 12 (Severance). Acceptance of dismissal indemnity by an Employee who has rejected an offer of employment elsewhere shall be entered on the bargaining unit if records as a result any such employee is laid offresignation. 4. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement Employees dismissed under Section 2 or 3 of the Labour/Management Committee.this Article shall have their names placed for twelve

Appears in 1 contract

Samples: Collective Bargaining Agreement

JOB SECURITY. (a) The Employer shall not contract out any work normally performed by members of the bargaining unit, if, as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement or reduction in regularly scheduled hours (based on their permanent position) occurs. Contracting out As per Article 17.14 (8) this article does not apply to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this AgreementIF roles. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) or external personnel, unless there are no qualified bargaining unit employees available and able to perform the position at the time, nor shall an employee be laid off as a result of the Employer utilizing the services of volunteersvolunteers or external personnel. As per Article 17.14(8), this article does not apply to IF roles. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed attained by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit, unless there are no qualified bargaining unit if as a result any such employee is laid offemployees available and able to perform the position at the time. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) 35.01 The Employer Hospital undertakes to notify the Union in advance, so far as practicable, of any technological changes which the Hospital has decided to introduce which will significantly change the status of employees within the bargaining unit. The Hospital agrees to discuss with the Union the effect of such technological changes on the employment status of employees and to consider practical ways and means of minimizing the adverse effect, if any, upon employees concerned. Employees with one or more years of continuous service who are subject to layoff under conditions referred to above, will be given notice of the impending change in employment status at the earliest reasonable time in keeping with the notification to the Union as above set forth and the requirements of the applicable law. The Hospital shall not contract out any work normally usually performed by members of the bargaining unit, if, as direct a result of such contracting out, a layoff of any employees covered other than casual part-time employees results from such contracting-out. 35.02 Notwithstanding the foregoing, the Hospital may contract out work usually performed by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees members of the bargaining unit who would otherwise be laid off is not without such contracting out constituting a breach of this Agreementprovision, if the Hospital provides in its commercial arrangement, contracting out the work that the contractor to whom the work is being contracted, and any subsequent such contractor agrees: (1) to employ the employees thus displaced from the hospital; and (2) in doing so, to stand, with respect to that work, in the place of the hospital for the purposes of the hospital's collective agreement with the Union, and to execute into an agreement with the Union to that effect. In order to ensure compliance with this provision, the Hospital agrees that it will withdraw the work from any contractor who has failed to meet the aforesaid terms of the contracting-out arrangement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed 35.03 Employees not covered by the Provincial Ministry, shall not constitute a breach terms of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteers. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work duties normally performed assigned to those employees who are covered by this Agreement, except for the purpose of instruction, experimentation or an emergency when regular employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committeeare not readily available.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer With respect to the development of any operating or restructuring plan which may affect the bargaining unit, the Union shall not contract out be involved in the planning process as soon as practicable and, in any work normally performed event, in advance of such plans or proposals being finalized and notices of layoff being issued or other actions taken that would adversely affect the bargaining unit and through to the final phases of the process. In addition to that, and to any other planning committee in the Hospital of a more broadly representational make-up, there shall be immediately established a Staff Planning Committee for the bargaining unit, which shall meet during the term of this agreement every three months, unless otherwise mutually agreed by the parties. It shall be the function of the Staff Planning Committee to consider possible ways and means of avoiding or minimizing potential adverse effects upon employees in the bargaining unit, including: identifying and proposing possible alternatives to any action that the hospital may propose taking; identifying and seeking ways to address the retraining needs of employees identifying vacant positions within the Hospital for which surplus members of the bargaining unitunit might qualify, ifor such positions which are currently filled but which are expected to become vacant within a twelve month period. The Committee shall be comprised of equal numbers of representativesof the hospital and from the Union. The number of representatives is to be determined locally, and shall of at least representativesfrom each Meetings of the Committee shall be held during normal working hours. Representativesattending such meetings shall be deemed to be work time for which the shall be paid by the Hospitalat his or her regular or premium rate as direct result may be applicable. The Hospital shall make typing and other such clerical assistance available as required. Each party shall appoint a co-chair for the Cornmittee. Co-chairs shall chair alternate meetings of the Committee and will be jointly responsible for establishing the agenda of the Committee meetings, preparing minutes and writing such contracting outcorrespondence as the Committee may direct. To allow the Staff Planning Committee to carry out its mandated role under this Article, the Hospital will provide the Committee with pertinent financial and information and with a layoff copy of any employees covered by this Collective Agreement occursreorganizationplans which impact on the bargaining unit. Contracting out The Committee shall submit its written recommendations to an employer who is organized and who will employ the affected employees Chief Executive Officer of the bargaining unit who would otherwise Hospital and the Board of Trustees. Where there is no consensus within the Cornmittee, the individual members of the Committee shall be laid off is not a breach entitled to submit their own recommendations. Any agreement between the Hospital and the Union resulting from the above review concerning the method of implementation will take precedence over the other provisions of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreementagreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment It is understood that all of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position above shall be replaced either temporarily or permanently with completed in a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteerstimely manner. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer With respect to the development of any operating or re-structuring plan which may affect the bargaining unit, the Union shall not contract out be involved in the planning process as soon as practicable and, in any work normally performed event, in advance of such plans or proposals being finalised and notices of layoff being issued or other actions taken that would adversely affect the bargaining unit and through to the final phases of the process. In addition to that, and to any other planning committee in the Hospital of a more broadly representational make-up, there shall be immediately established a Staff Planning Committee for the bargaining unit, which shall meet during the term of this agreement every three months, unless otherwise mutually agreed by the parties. It shall be the function of the Staff Planning Committee to consider possible ways and means of avoiding or minimizing potential adverse effects upon employees in the bargaining unit, including: identifying and proposing possible alternatives to any action that the hospital may propose taking; identifying and seeking ways to address the retraining needs of employees; identifying vacant positions within the Hospital for which surplus members of the bargaining unitunit might qualify, if, as direct result or such positions which are currently filled but which are expected to become vacant within a twelve (2I) month period. The Committee shall be comprised of such contracting out, a layoff equal numbers of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees representatives of the bargaining unit who would otherwise hospital and from the Union. The number of representatives is to be laid off is not a breach determined locally, and shall consist of this Agreement. (b) The transfer at least two representatives from each party. Meetings of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, Committee shall be held during normal working hours. Representatives attending such meetings during their regularly scheduled hours of work shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off lose regular earnings as a result of such attendance. The Hospital shall make typing and other such clerical assistance available as required. Each party shall appoint a co-chair for the Employer utilizing Committee, Co-chairs shall chair alternate meetings of the services Committee and will be jointly responsible for establishing the agenda of volunteers. 20.02 In the event that Committee meetings, preparing minutes and writing such correspondence as the Employer should merge, amalgamate or combine any of Committee may direct. To allow the Staff Planning Committee to carry out its operations or functions with any other agencymandated role under this Article, the Employer Hospital will use its best efforts to ensure retention provide the Committee with pertinent financial and staffing information and with a copy of all seniority and benefits currently enjoyed by its employees with any reorganization plans which impact on the successor employerbargaining unit. The Employer Committee shall invite submit its written recommendations to the Chief Executive of the Hospital and the Board of Trustees. Where there is no consensus within the Committee, the individual members of the Committee shall be entitled to submit their own recommendations. Any agreement between the Hospital and the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employeesresulting from the above review concerning the method of implementation will take precedence over the other provisions of this agreement. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer With respect to the development of any operating or restructuringplanwhich may affect the bargaining unit, the Union shall not contract out be involved in the planning process as soon as practicable and, in any work normally performed event, in advance of such plans or proposals being finalized and notices of layoff being issued or other actions taken that would adversely affect the bargaining unit and through to the final phases of the process. Staff Planning Committee In addition to that, and to any other planning committee in the Hospital of a more broadly representational make-up, there shall be immediately established a Staff Planning Committee for the bargaining unit, which shall meet during the term of this agreement every three (3) months, unless otherwise mutually agreed by the parties. It shall be the function of the Staff Planning Committee to consider possible ways and means of avoiding or minimizing potential adverse effects upon employees in the bargaining unit, including: identifying and proposing possible alternatives to any action that the hospital may propose taking; identifying and seeking ways to address the retraining needs of employees; identifying vacant positions within the Hospital for which surplus members of the bargaining unitunit might qualify, ifor such positionswhich are currently filled but which are expected to become vacant within a twelve (12) month period. Composition and Meetings The Committee shall be comprised of equal numbers of representatives of the Hospital and from the Union. The number of representatives is to be determined locally, and shall consist of at least two (2) representatives from each party. Meetings of the Committee shall be held during normal working hours. Representatives attending such meetings shall be deemed to be work time for which the shall be paid by the Hospital at his or her regular or premium rate as direct result may be applicable. The Hospital shall make typing and other such clerical assistance available as required. Each party shall appoint a co-chair for the committee. Co-chairs shall chair alternate meetings of the Committee and will be jointly responsible for establishing the agenda of the Committee meetings, preparing minutes and writing such contracting outcorrespondence as the Committee may direct. To allow the Staff Planning Committee to carry out its mandated role under this Article, the Hospital will provide the Committee with pertinent financial and staffing information and with a layoff copy of any employees covered by this Collective Agreement occursreorganization plans which impact on the bargaining unit. Contracting out The Committee shall submit its written recommendations to an employer who is organized and who will employ the affected employees Chief Executive Officer of the bargaining unit who would otherwise Hospital and the Board of Trustees. Where there is no consensus within the committee, the individual members of the Committee shall be laid off is not a breach entitled to submit their own recommendations. Any agreement between the Hospital and the Union resulting from the above review concerningthe method of implementationwill take precedence over the other provisions of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreementagreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment It is understood that all of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position above shall be replaced either temporarily or permanently with completed in a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteerstimely manner. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer shall not contract out any work normally performed by members of the bargaining unit, if, as a direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreement. (b) . The transfer of a Program within Community Living Windsor the Association to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor endeavour to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor the Association and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteers. 20.02 In the event that the Employer should merge, amalgamate or combine any of its . operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 . Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. , Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

JOB SECURITY. Full-Time and Part-Time (a) The Employer With respect to the development of any operating or re-structuring plan which may affect the bargaining unit, the Union shall not contract out be involved in the planning process as soon as practicable and, in any work normally performed event, in advance of such plans or proposals being finalized and notices of layoff being issued or other actions taken that would adversely affect the bargaining unit and through to the final phases of the process. In addition to that, and to any other planning committee in the Hospital of a more broadly representational make-up, there shall be immediately established a Staff Planning Committee for the bargaining unit, which shall meet during the term of this agreement every three (3) months, unless otherwise mutually agreed by the parties. shall be the function of the Staff Planning Committee to consider possible ways and means of avoiding or minimizing potential adverse effects upon employees in the bargaining unit, including: identifying and proposing possible alternatives to any action that the hospital may propose taking; identifying and seeking ways to address the retraining needs of employees; identifying vacant positions within the Hospital for which surplus members of the bargaining unitunit might qualify, ifor such positions which are currently filled but which are expected to become vacant within a twelve (12) month period. The Committee shall be comprised of equal number of representatives of the hospital and from the Union. The number of representatives is to be determined locally, and shall consist of at least two (2) representatives from each party. Meetings of the Committee shall be held during normal working hours. Representatives attending such meetings shall be deemed to be work time for which the shall be paid by the Hospital at his or her regular or premium rate as direct result may be applicable. The Hospital shall make typing and other such clerical assistance available as required. Each party shall appoint a co-chair for the Committee. Co-chairs shall chair alternate meetings of the committee and will be jointly responsible for establishing the agenda of the Committee meetings, preparing minutes and writing such contracting outcorrespondence as the Committee may direct. To allow the Staff Planning Committee to carry out its mandated role under this Article, the Hospital will provide the Committee with pertinent financial and information and with a layoff copy of any employees covered by this Collective Agreement occursreorganization plans which impact on the bargaining unit. Contracting out The Committee shall submit its written recommendations to an employer who is organized and who will employ the affected employees Chief Executive Officer of the bargaining unit who would otherwise Hospital and the Board of Trustees. Where there is no consensus within the Committee, the individual members of the committee shall be laid off is not a breach entitled to submit their own recommendations. Any agreement between the Hospital and the Union resulting from the above review concerning the method of implementation will take precedence over the other provisions of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreementagreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment It is understood that all of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position above shall be replaced either temporarily or permanently with completed in a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteerstimely manner. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer With respect to the development of any operating or re-structuring plan which may affect the bargaining unit, the Union shall not contract out be involved in the planning process as soon as practicable and, in any work normally performed event, in advance of such plans or proposals being finalized and notices of layoff being issued or other actions taken that would adversely affect the bargaining unit and through to the final phases of the process. In addition to that, and to any other planning committee in the Hospital of a more broadly representational make-up, there shall be immediately established a Staff Planning Committee for the bargaining unit, which shall meet during the term of this agreement every three (3) months, unless otherwise mutually agreed by the parties. It shall be the function of the Staff Planning Committee to consider possible ways and means of avoiding or minimizing potential adverse effects upon employees in the bargaining unit, including: identifying and proposing possible alternatives to any action that the hospital may propose taking; identifying and seeking ways to address the retraining needs of employees; identifying vacant positions within the Hospital for which surplus members of the bargaining unitunit might qualify, ifor such positions which are currently filled but which are expected to become vacant within a twelve (12) month period. The Committee shall be comprised of equal number of representatives of the hospital and from the Union. The number of representatives is to be determined locally, and shall consist of at least two (2) representatives from each party. Meetings of the Committee shall be held during normal working hours. Representatives attending such meetings shall be deemed to be work time for which the shall be paid by the Hospital at his or her regular or premium rate as direct result may be applicable. The Hospital shall make typing and other such clerical assistance available as required. Each party shall appoint a co-chair for the Committee. Co-chairs shall chair alternate meetings of the committee and will be jointly responsible for establishing the agenda of the Committee meetings, preparing minutes and writing such contracting outcorrespondence as the Committee may direct. To allow the Staff Planning Committee to carry out its mandated role under this Article, the Hospital will provide the Committee with pertinent financial and information and with a layoff copy of any employees covered by this Collective Agreement occursreorganization plans which impact on the bargaining unit. Contracting out The Committee shall submit its written recommendations to an employer who is organized and who will employ the affected employees Chief Executive Officer of the bargaining unit who would otherwise Hospital and the Board of Trustees. Where there is no consensus within the Committee, the individual members of the committee shall be laid off is not a breach entitled to submit their own recommendations. Any agreement between the Hospital and the Union resulting from the above review concerning the method of implementation will take precedence over the other provisions of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by agreement. It is understood that all the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position above shall be replaced either temporarily or permanently with completed in a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteerstimely manner. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer There shall not contract out any work normally performed by members be no dismissal of the bargaining unit, if, as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized have successfully completed their probationary period except for just and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreementsufficient cause. (b) The transfer of a Program within Community Living Windsor to another agency, as directed When it is determined by the Provincial MinistryEmployer that a reduction in the work force is necessary, not less than three (3) calendar weeks’ notice shall not constitute a breach be given to the Union and the employees affected. The notice to the Union shall specify the job classification(s) and the number of this Agreementemployees involved. Upon such transfer At the request of services, subject to sub-article 15.05 (Layoff and Recall)either party, the Employer and the Union shall endeavor to ensure meet during the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee notice period to discuss planned changes possible alternatives to its structure, operations and/or services which may substantially impact the layoff. Employees shall be laid off in reverse order of seniority provided those remaining are qualified to perform the work and/or job security of bargaining unit employeesrequired. (c) During the notice period specified in paragraph (b) above, the Employer shall consider voluntary resignations or job sharing from employees in the classifications involved. If voluntary resignations are accepted, such employees shall receive severance pay outlined in accordance with this agreement. The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee number of employees to be laid off shall be reduced accordingly. It is understood that job sharing does not constitute voluntary resignation. (d) If there is a layoff, the employee(s) affected may choose, in order of seniority, within three (3) weeks of notice, to bump employees with less seniority. Full- time employees may bump other full-time employees or part-time employees and part-time employees may bump other part-time employees provided they have more seniority than the employee they choose to bump. Employees who choose to bump may bump either those with less seniority in the same classification or those with less seniority in a classification in which they are competent to perform the work. An employee who chooses not to bump shall receive severance pay in accordance with this agreement. (e) An employee displaced under clause (d) above may elect under the same criteria to bump into another classification in which he/she is competent to perform the work. The entire bumping process as outlined in these clauses (d) and (e) will not exceed four (4) weeks. (f) Laid-off employees, those who bumped into lower classifications, or full-time employees who bumped to part-time status, shall be placed on a result recall list for twelve (12) months [eighteen (18) months for employees with more than five years of continuous service] in order of seniority and the Employer shall fill vacancies according to that list. A laid-off employee may refuse to accept temporary work without his or her recall rights being affected, and a laid-off full- time employee may refuse to accept part-time work without his or her recall rights being affected. A laid off part-time employee may refuse full-time work without his or her recall rights being affected. (g) Employees shall be trained at the Employer’s expense during working hours to use new technology and methods required in their work. (h) The Employer shall notify the Union at least eight (8) weeks in advance of the Employer utilizing introduction of major changes in equipment or technology used by it in its operations. During this period, on the services request of volunteers. 20.02 either party, the parties shall meet to discuss the impact of such changes. In the event that the Employer should mergesuch changes require fewer staff, amalgamate affected employees will be given at least eight (8) weeks notice or combine any eight (8) weeks pay in lieu of its operations or functions with notice. (i) Notwithstanding any other agencyclause in this Article, an employee who bumps into a lower classification shall be paid the top minimum for that classification. However, where this would result in a raise in pay, the Employer employee’s salary shall stay the same. (j) During a layoff, seniority will use its best efforts be frozen. If the employee is recalled to ensure retention regular employment, seniority will be restored to the frozen level. (k) Notice of all seniority recall shall be sent to the employee by registered mail, with a copy to the Union office at the same time by registered mail. (l) Except in the case of a change in classification, there shall be no pay cuts for any employee during the term of this collective agreement. (m) For employees who have completed their probationary period, there shall be no discipline, suspension or dismissal except for just and benefits currently enjoyed by its employees with sufficient cause. (n) Employees shall have the successor employerright to have a xxxxxxx present at any disciplinary meeting which may result in a suspension or discharge. The Employer shall invite advise the Union employee of this right prior to participate the meeting. Where practical, without unreasonably delaying the meeting, employees may have a xxxxxxx present at any disciplinary meeting which would result in meetings dealing with personnel related issues affecting bargaining unit employeesa lesser form of discipline. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

JOB SECURITY. With respect to the development of any operating or re-structuring plan which may affect the bargaining unit, the Union shall be involved in the planning process from the early phases through to the final phases of the process. There shall be established a Staff Planning Committee for the bargaining unit, which shall meet during the term of this Agreement every three (a3) The Employer months, unless otherwise mutually agreed by the parties. It shall not contract out be the function of the Staff Planning Committee to consider possible ways and means of avoiding or minimizing potential adverse effects upon employees in the bargaining unit, including: identifying and proposing possible alternatives to any work normally performed by action that the Home may propose taking: identifying and seeking ways to address the retraining needs of employees; identifying vacant positions within the Home for which surplus members of the bargaining unitunit might qualify, ifor such positions which are currently filled but which are expected to become vacant within a twelve (12) month period. The Committee be comprised of equal numbers of representatives of the Home and from the Union. The number of representatives is to be determined locally, and shall consist of at least two (2) representatives from each party. Meetings of the Committee shall be held during normal working hours. Representatives attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as direct a result of such contracting outattendance. The Home shall make typing and other such clerical assistance available as required. The Union acknowledges that members of the Staff Planning Committee have regular duties to perform on behalf of the employer and that such persons will not leave their regular duties without obtaining the permission of their immediate supervisor, such permission will not be unreasonably withheld and when resuming their regular duties will report to their immediate supervisor so that the length of time they are absent from their regular duties will be under reasonable control. Each party shall appoint a layoff co-chair for the Committee. Co-chairs shall chair alternate meetings of the Committee and will be jointly responsible for establishing the agenda of the Committee meetings, preparing minutes and writing such correspondence as the Committee may direct. To allow the Staff Planning Committee to carry out its mandated role under this Article, the Home will provide the Committee with pertinent financial and staffing information and with a copy of any employees covered by this Collective Agreement occursre-organization plan which impact on the bargaining unit. Contracting out The Committee shall submit its written recommendations to an employer who is organized and who will employ the affected employees Administrator of the bargaining unit who would otherwise Home and the Committee of Management. Where there is no consensus within the Committee, the individual members of the Committee shall be laid off is not a breach entitled to submit their own recommendations. Any agreement between the Home and Union resulting from the above review concerning the method of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by implementation will take precedence over the Provincial Ministry, shall not constitute a breach other provisions of this Agreement. Upon The parties agree that in the event of a dispute between the parties regarding this Article the matter may be submitted to a Board of Arbitration chaired by one of or or such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferredothers as mutually agreed. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position Chair shall be replaced either temporarily or permanently with appointed on a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteersrotating basis giving due consideration to availability. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer There shall not contract out any work normally performed by members be no dismissal of the bargaining unit, if, as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized have successfully completed their probationary period except for just and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreementsufficient cause. (b) The transfer of a Program within Community Living Windsor to another agency, as directed When it is determined by the Provincial MinistryEmployer that a reduction in the work force is necessary, not less than three (3) calendar weeks’ notice shall not constitute a breach be given to the Union and the employees affected. The notice to the Union shall specify the job classification(s) and the number of this Agreementemployees involved. Upon such transfer At the request of services, subject to sub-article 15.05 (Layoff and Recall)either party, the Employer and the Union shall endeavor to ensure meet during the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee notice period to discuss planned changes possible alternatives to its structure, operations and/or services which may substantially impact the layoff. Employees shall be laid off in reverse order of seniority provided those remaining are qualified to perform the work and/or job security of bargaining unit employeesrequired. (c) During the notice period specified in paragraph (b) above, the Employer shall consider voluntary resignations or job sharing from employees in the classifications involved. If voluntary resignations are accepted, such employees shall receive severance pay outlined in accordance with this agreement. The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee number of employees to be laid off shall be reduced accordingly. It is understood that job sharing does not constitute voluntary resignation. (d) If there is a layoff, the employee(s) affected may choose, in order of seniority, within three (3) weeks of notice, to bump employees with less seniority. Full-time employees may bump other full-time employees or part-time employees and part-time employees may bump other part- time employees provided they have more seniority than the employee they choose to bump. Employees who choose to bump may bump either those with less seniority in the same classification or those with less seniority in a classification in which they are competent to perform the work. An employee who chooses not to bump shall receive severance pay in accordance with this agreement. (e) An employee displaced under clause (d) above may elect under the same criteria to bump into another classification in which he/she is competent to perform the work. The entire bumping process as outlined in these clauses (d) and (e) will not exceed four (4) weeks. (f) Laid-off employees, those who bumped into lower classifications, or full- time employees who bumped to part-time status, shall be placed on a result recall list for twelve (12) months [eighteen (18) months for employees with more than five years of continuous service] in order of seniority and the Employer shall fill vacancies according to that list. A laid-off employee may refuse to accept temporary work without his or her recall rights being affected, and a laid-off full-time employee may refuse to accept part-time work without his or her recall rights being affected. A laid off part-time employee may refuse full-time work without his or her recall rights being affected. (g) Employees shall be trained at the Employer’s expense during working hours to use new technology and methods required in their work. (h) The Employer shall notify the Union at least eight (8) weeks in advance of the Employer utilizing introduction of major changes in equipment or technology used by it in its operations. During this period, on the services request of volunteers. 20.02 either party, the parties shall meet to discuss the impact of such changes. In the event that the Employer should mergesuch changes require fewer staff, amalgamate affected employees will be given at least eight (8) weeks notice or combine any eight (8) weeks pay in lieu of its operations or functions with notice. (i) Notwithstanding any other agencyclause in this Article, an employee who bumps into a lower classification shall be paid the top minimum for that classification. However, where this would result in a raise in pay, the Employer employee’s salary shall stay the same. (j) During a layoff, seniority will use its best efforts be frozen. If the employee is recalled to ensure retention regular employment, seniority will be restored to the frozen level. (k) Notice of all seniority recall shall be sent to the employee by registered mail, with a copy to the Union office at the same time by registered mail. (l) Except in the case of a change in classification, there shall be no pay cuts for any employee during the term of this collective agreement. (m) For employees who have completed their probationary period, there shall be no discipline, suspension or dismissal except for just and benefits currently enjoyed by its employees with sufficient cause. (n) Employees shall have the successor employerright to have a xxxxxxx present at any disciplinary meeting which may result in a suspension or discharge. The Employer shall invite advise the Union employee of this right prior to participate the meeting. Where practical, without unreasonably delaying the meeting, employees may have a xxxxxxx present at any disciplinary meeting which would result in meetings dealing with personnel related issues affecting bargaining unit employeesa lesser form of discipline. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer shall not contract out any work normally performed by members of the bargaining unit, if, as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees of Board agrees that no employee in the bargaining unit who would otherwise be laid off is not will suffer loss of employment with the Board as a breach result of this Agreement. (b) The transfer any contracting out of a Program within Community Living Windsor to another agency, as directed by work during the Provincial Ministry, shall not constitute a breach lifetime of this Agreement. Upon such transfer of services, subject The Board will endeavour to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor offer temporary employment to ensure the employment of the recall employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency prior to which the service is being transferredcontracting work out. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteers. 20.02 In the event that of the Employer should merge, amalgamate or combine Board considering the contracting out of any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit, the matter will be discussed with the Union Committee. The Board will take suggestions made by the Committee into consideration, along with all other circumstances, when making a decision. In the event of the Board considering the contracting out of any work that falls under the recognition clause of this Collective agreement, the matter will be discussed with the Union Committee so that the Committee can make recommendations. The Board will take suggestions made by the Committee into consideration, along with all other circumstances, when making a decision. It is understood that and do not apply where the Board is mandated by the Ministry or required by legislative order to enter into third party agreements for services to support students. In this case, the Board will inform the Union of the circumstances in advance of the services being provided. The words "contracting out" in this Article are also intended to mean sub- contracted, transferred, leased, assigned or conveyed. The Board agrees to notify the Union in advance of any technological changes the Board has decided to introduce which will affect employees who are in the Bargaining Unit. A Technological Change Committee will be formed to discuss the changes that will be introduced. The Committee will make recommendations involving practical ways and means of minimizing the effect, if any, on the employees concerned. These recommendations will be reviewed by the Board before the changes occur. Where the Board has determined training is necessary, the Board will provide training at no loss of pay for the employees affected. No member of the bargaining unit if on probationary or permanent staff shall be laid off or suffer a reduction of or a change in normally scheduled hours of work as a result of the use of volunteers. The Board will not engage volunteers as a means of avoiding the hiring of additional staff. Persons such as volunteers, students, co-op students, parents and others who provide assistance to the Employer shall be used only to enrich programs or provide other services and shall not be used to carry out the primary duties of any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon member. The parties recognize the mutual agreement desirability of providing opportunities for co-op students, peer helpers and for field placement students as an important part of their education. Consistent with this understanding, it is agreed that the function of such placements will be only to further their education and not replace any bargaining unit members. The Board shall advise the Union of such placements. Any issues arising out of the Labour/Management Committeeuse of volunteers will be dealt with in Labou anagement meetings.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) Subject to the provisions below, the Company will not contract work normally performed at the Plant by employees covered by this Agreement if the necessary equipment and qualified employees are available within the Plant to properly perform such work in the required time. This section does not apply to: (i) New construction contracts; (ii) Extensive major repairs to operating units; (iii) Janitorial work; (iv) Equipment turnarounds. (v) Sabbatical leaves (b) In the event that it is necessary to contract out work in accordance with this Clause 15.01, the Company shall inform the Union as to the number of contract employees involved, the work the contract employees will be performing, and the estimated duration of the work and the reasons for the contracting requirements. (c) Performance of work for the Company by the contractors at this location will not serve to alter any right an employee has under the terms of this Agreement, nor cause the lay-off of any employee in the Bargaining Unit. (d) The Company will create work schedules which will enable them to carry out maintenance work including the maximum amount of equipment turnaround work possible subject to the availability and qualifications of an employee to do the turnaround work required and also subject to ensuring that sufficient Company employees are available to do all maintenance work during and following the turnaround. Where contractor's employees are used to perform Plant turnaround work and are scheduled to work extended work hours, Company employees required to perform turnaround work will be offered the opportunity to work the same work schedule as the contractor's employees. (e) The maximum number of contractors performing normal routine plant maintenance shall be one less than the bargaining unit maintenance complement. It is further understood that short term increases in the contract maintenance complement for specific projects are covered under 15.01 (a)(ii). 15.02 SUPERVISORS DOING WORK - Supervisors will not do work assigned to employees covered by the classifications in the Collective Bargaining Agreement except: (a) in emergencies; (b) in the instruction of employees; (c) in the experimental work and performance tests which require special techniques and knowledge. (a) The Employer Company shall not contract out any work normally performed by members notify the Union six months in advance of intent to: (i) institute changes in working methods or facilities, (ii) close or partially close the bargaining unitplant, if, as direct or (iii) permanently reduce the workforce if such action will result of such contracting out, a in the layoff or termination of any employees employee covered by this Collective Agreement occursAgreement. Contracting out to an employer who is organized Such notice shall be in writing and who will employ state: (i) the affected employees nature of the bargaining unit who would otherwise technological change (ii) the effective date of the change (iii) the approximate number of employees to be laid off affected by the change (iv) the effect the change is not a breach likely to have on the terms and conditions or security of employment of the employees affected (v) the rationale of the change (vi) other such information required by regulations made pursuant to the Canada Labour Code. Upon giving such notice, the Company will meet the Union to discuss the impact and alternatives available to resolve the issues arising from these changes. Failure to resolve any issues under this AgreementArticle by the parties may be referred for resolution under the relevant section of the Canada Labour Code. (b) The transfer of a Program within Community Living Windsor Company agrees to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff participate in training and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the retraining any employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employeeslaid off. (c) The Employer agrees that no bargaining unit position Any employee covered by this collective agreement who is laid off, or terminated, under the terms of this Article shall be replaced either temporarily or permanently entitled to severance pay in accordance with the following schedule, provided the employee forfeits the right to recall: (i) the amount of severance pay required by applicable Employment Standards legislation, or (ii) an amount equivalent to not less than two week's pay plus two week's pay for each completed year of continuous service. The "2&2 Formula" includes any statutory requirements. Severance pay for a volunteer worker(s) nor shall partial year of service will be calculated on a prorated basis. The Company will take into consideration all applicable legislation and regulations in an effort to provide the employee be laid off as a result with the greatest flexibility in the payment of the Employer utilizing the services of volunteersseverance pay. 20.02 (d) In the event that an employee is downgraded due to a change in the Employer should mergeworking methods or facilities, amalgamate rate protection will be as follows: (i) Employees who remain in their line of progression will have their existing rate maintained until the rate for the classification in which they are placed equals the protected rate; (ii) Employees who are placed outside their line of progression will have their existing rate protected . (e) To qualify for rate protection, employees must: (i) Successfully complete any training/retraining program to which they are assigned; (ii) Perform work to which they are assigned and qualified to perform; (iii) Use normal bidding procedures, wherever available, to return to equal or combine any better than their former classification. (f) Employees transferring to another Westcoast Energy Inc. plant (which is certified by the Communications, Energy and Paperworkers' Union) due to a plant closure, partial plant closure or change of its operations methods or functions with any other agencyfacilities, the Employer will use its best efforts be entitled to ensure retention of all seniority and benefits currently enjoyed by its employees rate protection in accordance with the successor employerabove sections (d) and (e). The Employer shall invite It is further understood the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employeesprotected rate for their classification will be no greater than the corresponding classification of the new location. 20.03 Supervisors15.04 Any employee covered by this Agreement who is terminated due to Plant Closure, placement students, grant workers and volunteers partial Plant closure or workforce reduction shall not perform work normally performed by be given six (6) months' notice of such termination. It is agreed that this notice period will apply to all affected employees in the bargaining unit if as a result any such collectively. Such notice will be provided to each affected employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committeeindividually.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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JOB SECURITY. (a) Without limiting the Employer's right to determine its operational requirements, the Parties to this Agreement will encourage the continuity of employment for permanent employees with the aim of ensuring that permanent employment opportunities are not eliminated or eroded in-so-far as it is reasonably practicable to do so. The Employer shall not contract out any work normally performed by members recognises that in certain circumstances the use of subcontractors and labour hire may affect the bargaining unit, if, as direct result job security of such contracting out, a layoff of any employees Employees covered by this Collective Agreement occursDocument. Contracting out The Employer is also committed to an employer who maintaining a stable and skilled workforce, having regard to the contribution that a stable and skilled up workforce has for Employee's job security. The Employer also acknowledges that use of subcontractors or supplementary labour may amount to a workplace concern on the part of Employees. The Employer will take all reasonable measures to achieve employment security for the Employees in-so-far as it is organized and who will employ practicable to do so. If the Employer wishes to engage subcontractors or supplementary labour to perform work which is usually performed by the Employer’s direct workforce covered by this Agreement, the Employer must consider any matters raised in consultation by potentially affected employees before making any final decision to engage subcontractors or supplementary labour. Following consultation and subject to this clause, the decision whether to engage subcontractors or supplementary labour is a decision of the bargaining unit who would otherwise be laid off is not a breach Employer alone. Any dispute as to the application of this Agreement. (b) clause will be dealt with under the dispute's settlement procedure under this document. The transfer of Employer will ensure that all subcontractors are bona fide contractors and engage their employees on lawful terms and conditions. As soon as practicable after being awarded a Program within Community Living Windsor to another agencycontract, as directed by upon request from the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall)Employee Representative, the Employer shall endeavor inform the Union via its Employee Representative which subcontractors have been engaged for the project. Labour hire employees engaged by the Employer on works that are usually performed by the Employer under this Agreement will receive the following minimum entitlements that are equivalent or are no less favourable overall for wage rates, allowances, hours of work including RDO accrual, and penalties, as prescribed by this enterprise agreement. No permanent employee will be made redundant whilst labour hire employees are performing work within the same classification that would usually be performed by that permanent employee. Provided that this subclause will not apply in respect of labour hire engaged for top up and intermittent works. This clause does not apply in respect of specialist contractors who do not fall within the scope of the Agreement. CIVIL WORKS CW1 85% $37.87 $39.01 $40.18 $41.38 CW2 90% $40.10 $41.30 $42.54 $43.82 CW3 92% $40.76 $41.98 $43.24 $44.54 CW4 96% $42.77 $44.05 $45.37 $46.73 CW5 100% $44.56 $45.89 $47.26 $48.68 CW6 105% $46.78 $48.19 $49.63 $51.12 This Clause applies if the Employer: has made a definite decision to ensure introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or proposes to introduce a change to the regular roster or ordinary hours of work of Employees. For a change referred to in paragraph (1)(a): the Employer must notify the relevant Employees of the decision to introduce the major change; and clauses 2.1 to 2.6 of this Consultation Term apply. 2.1) The relevant Employees may appoint a representative for the purposes of the procedures in this clause. 2.2) If: A relevant Employee appoints, or relevant Employees appoints, a representative for the purposes of consultation; and The Employee or Employees advise the Employer of the identity of the representative. The Employer must recognise the representative. 2.3) As soon as practicable after making its decision, the Employer must: 2.3.1) Discuss with the relevant Employees: The introduction of the change. The effect the change is likely to have on the Employees; and Measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and 2.3.2) For the purposes of the discussion provide, in writing, to the relevant Employees: All relevant information about the change including the nature of the change proposed; and Information about the expected effects of the change on the Employees; and Any other matters likely to affect the Employees. 2.4) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. 2.5) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. 2.6) If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation not the enterprise of the Employer, the requirements set out in Clauses 2(a), 2.1 and 2.3 of this Consultation Term are taken not to apply. 2.7) A major change is likely to have significant effect on Employees if it results in: the termination of the employment of employees; or change to the employees affected by the transfer of servicescomposition, firstly, at the option operation or size of the employee within Community Living Windsor and then within Employer's workforce or to the employ skills required of Employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain employees; or the need to relocate employees to another workplace; or the restructuring of jobs. For a change referred to in paragraph (1)(b): the Employer must notify the relevant employees of the agency proposed change; and subclauses (4) to which (9) apply. The relevant Employees may appoint a representative for the service is being transferredpurposes of the procedures in this term. If: a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and the Employee or Employees advise the Employer of the identity of the representative. The Employer must recognise the representative. As far in advance soon as possiblepracticable after proposing to introduce the change, the Employer will meet must: discuss with the Labour Management Committee relevant Employees the introduction of the change; and for the purposes of the discussion, provide to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees.relevant Employees: (ci) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off as a result all relevant information about the change, including the nature of the change; and (ii) information about what the Employer utilizing reasonably believes will be the services effects of volunteers.the change on the Employees; and 20.02 In the event (iii) information about any other matters that the Employer should mergereasonably believes are likely to affect the Employees; and invite the relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). If a term of this Agreement provides for a change or modification of rosters or ordinary hours of work, amalgamate or combine any the requirements set out in Clause 6 of its operations or functions with any other agencythis Consultation Term are taken not to apply. However, the Employer will use its best efforts is not required to ensure retention of all seniority and benefits currently enjoyed by its employees with disclose confidential or commercially sensitive information to the successor employerrelevant Employees. The Employer shall invite must give prompt and genuine consideration to matters raised about the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employeeschange by the relevant Employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Civil Works Agreement

JOB SECURITY. (a) Discharges may be either (1) for just and sufficient cause or (2) to reduce the force. The Employer term "reduce the force" as used herein shall not contract out any work normally performed by members of the bargaining unit, if, be construed as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreementsynonymous with discharges for economy. (b) The transfer There shall be no dismissals of a Program within Community Living Windsor to another agency, as directed by or other discrimination against any employee because of membership or activity in the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employeesUnion. (c) The Union and the employee shall be notified in writing at least two weeks in advance of any dismissal, with the reason for the dismissal stated in such notice. (d) As an alternative to involuntary layoffs, the Employer agrees that no bargaining unit position to first consider offering a financial incentive to achieve the desired reduction in force. The decision to offer such incentives shall be replaced either temporarily or permanently with a volunteer worker(sat the sole discretion of the Employer. (e) nor shall an employee be laid off as a result The parties acknowledge the continuation of the prerogative of the Employer utilizing to discharge to reduce the services of volunteersforce shall be maintained. The Employer’s decision to reduce the force shall not be subject to the grievance and arbitration procedures contained in Article XIII – Grievances or other legal challenge by the Guild and its members. 20.02 (f) Dismissals to reduce the force shall be imposed in the reverse order of the length of service with the Employer, with exceptions noted as follows in (g) and (h). Union employees may volunteer to take the place of an employee scheduled for layoff. The employer shall retain the discretion to accept those who volunteer. Shou a voluntary layoff be accepted, it shall reduce the number of necessary layoffs accordingly. (g) In the event that the Employer should merge, amalgamate or combine any case of its operations or functions with any other agencyan involuntary reduction in force, the Employer will use its best efforts shall notify the Guild of the intent to ensure retention reduce the force, stating the number of all employees to be affected and the job titles that would be impacted by the reduction. Dismissals shall be in the reverse order of length of service; however the remaining employee(s) must reasonably possess the qualifications to perform the work of any junior employee dismissed, in the opinion of the Employer. A junior employee who cannot be replaced by a reasonably qualified senior employee need not be dismissed because of seniority and benefits currently enjoyed by its employees with the successor employer. Employer may move up the list in seniority order until the dismissal can be accomplished within the guideline set forth herein. (h) The Employer in its sole discretion shall invite have the Union right to participate designate up to nine (9) employees as exempt from the reduction in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid offforce. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement These exemptions can be taken from one (1) of the Labournine (9) groups below with no more than two (2) exemptions coming from the PD/Management Committee.NBBJ groups and one (1) exemption from each of the SIT and PAC groups a single group during any individual reduction in force event: PD/NBBJ SIT PAC Content Producers PD/NBBJ SIT PAC Copy Editors PD/NBBJ SIT PAC Photographers PD/NBBJ SIT PAC

Appears in 1 contract

Samples: Collective Bargaining Agreement

JOB SECURITY. (a) The When it is determined by the Employer that a reduction in the work force is necessary, not less than four (4) calendar weeks notice shall not contract out any work normally performed by members be given to the Union and the employees affected. At the request of either party, the bargaining unit, if, as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occursEmployer and the Union shall meet during the notice period to discuss possible alternatives to the layoff. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise Employees shall be laid off is not a breach in reverse order of this Agreement. (b) The transfer of a Program within Community Living Windsor seniority in each classification provided those remaining are qualified to another agency, as directed by perform the Provincial Ministry, shall not constitute a breach of this Agreementwork required. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), During the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possiblenotice period, the Employer will meet request voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with the Labour Management Committee this agreement. The number of employees to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteersshall be reduced accordingly. It is understood that employees voluntarily resigning will thereby waive their rights to recall. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agencyb) If there is a layoff, the Employer will use its best efforts employee(s) affected may choose, in order of seniority, within seven (7) working days of notice, to ensure retention of all seniority and benefits currently enjoyed by its bump employees with the successor employerlowest seniority. Full- time employees may bump other full-time employees or part-time employees and part-time employees may bump other part-time employees or full-time employees provided they have more seniority than the employee they choose to bump. Employees who choose to bump may bump either those with the lowest seniority in the same classification or those with the lowest seniority in a classification in which they are, in the opinion of the Employer, competent to perform the work. Employees shall be permitted a trial period of up to thirty (30) days to demonstrate their competence to perform the job they claim. An employee who chooses not to bump shall receive severance pay in accordance with this agreement. c) An employee displaced under clause (b) above may similarly elect within seven (7) working days to bump the employee with the lowest seniority in another classification in which the employee is, in the opinion of the Employer, competent to perform the work. The Employer employee shall invite the Union also be permitted a trial period of up to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.thirty

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer shall not contract out any work normally performed by members of the bargaining unit, if, L11.01 No Employee will be laid off or have a reduction in assignment as a direct result of such contracting outthe use of volunteers, a layoff of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreementapprenticeships, co-op students, tutoring programs, practicum students, workfare, or partnerships with community agencies. (b) The transfer of a Program within Community Living Windsor L11.02 No persons including students or government project Employees will be hired until Employees on lay-off have been given an opportunity to another agencywork through recall procedure, as directed by provided each has the Provincial Ministrynecessary skill, shall not constitute a breach of this Agreement. Upon such transfer of services, subject ability and the qualifications to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact do the work and/or job security of bargaining unit employeesavailable. (c) The Employer agrees that no bargaining unit position shall L11.03 No new Employees will be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off hired as a result of the Employer utilizing the services of volunteerslong as there are qualified Bargaining Unit members on lay-off. 20.02 L11.04 In the event that the Employer should Thames Valley District School Board shall merge, amalgamate or combine any of its operations or functions with any other agencyanother Board of Education, the Employer Board will use its best efforts to ensure retention of that: (a) Bargaining Unit Employees shall be credited with all seniority and benefits currently enjoyed by its employees rights with the successor employer. The new Employer. (b) All service credits relating to vacation with pay, sick leave credits, pensionable service and other benefits shall be recognized by the new Employer; (c) Conditions of employment and wage rates with the new Employer shall invite be at least equal to those contained in this Collective Agreement; (d) No Employee(s) shall suffer a loss of employment as a result of the Union to participate merger; (e) Preference in meetings dealing with personnel related issues affecting bargaining unit employeeslocation in the merged Board shall be on the basis of seniority; and (f) It will solicit input from the President of CUPE Local 7575 regarding items (a-e) as set forth above and keep the President informed of the status of the discussions involving those items. 20.03 Supervisors, placement students, grant workers and volunteers L11.05 Employees whose jobs are not in the Bargaining Unit shall not perform any Bargaining Unit work normally performed by employees in while Employees qualified to perform the bargaining unit if as a result any such employee is laid offwork are able to do so. Grant employeesIn the absence of an Educational Assistant, whose contracts require Union approvalthe Employer shall endeavour to use another staff member who has the skills, ability, and Workfare participants may only perform work normally performed by employees training to provide services to students. Such Employees shall not be utilized to the extent that it causes the lay-off or reduction in the bargaining unit upon the mutual agreement hours of the Labour/Management Committee.Bargaining Unit members. (See also Local Central Letter #3 for Job Security)

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 15.01 It is understood that an employee shall not be transferred by the Employer to a position outside the bargaining unit without his/her consent except in the case of a temporary assignment not exceeding six (6) months. (a) An employee who is transferred to a position outside of the bargaining unit shall, subject to (b) below retain, but not accumulate, his/her seniority held at the time of the transfer. In the event the employee is returned to a position in the bargaining unit he/she shall be credited with the seniority held at the time of transfer and resume accumulation from the date of his/her return to the bargaining unit. (b) In the event that an employee is transferred out of the bargaining unit under (a) above for a specific term or task which does not exceed a period of six (6) months and is returned to a position in the bargaining unit, he/she shall not suffer any loss of seniority, service or benefits. (c) In the event that an employee is temporarily transferred out of the bargaining unit for a specific term or task greater than six (6) months but not more than eighteen (18) months, he/she shall retain, but not accumulate his/her seniority held at the time of transfer. In the event the employee is returned to a position in the bargaining unit, he/she shall be credited with seniority held at the time of transfer and resume accumulation from the date of his/her return to the bargaining unit. The Employer shall notify the Union of any bargaining unit members leaving the bargaining unit for periods longer than fifteen (15) months’ duration. 15.02 Employees not covered by the terms of this Agreement will not perform duties normally assigned to those employees who are covered by this Agreement, except for the purposes of instruction, experimentation, or in emergencies when regular employees are not readily available. 15.03 The Employer shall not contract out any work normally usually performed by members Members of the this bargaining unit, if, unit if as direct a result of such contracting out, a layoff of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteers. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employerfollows. The Employer shall invite the Union will not utilize agency staff where there are qualified employees available to participate in meetings dealing with personnel related issues affecting bargaining unit employeeswork. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. Full-Time and Part-Time With respect to the development of any operating or re-structuring plan which may affect the bargaining unit, the Union shall be involved in the planning process as soon as practicable and, in any event, in advance of such plans or proposals being finalized and notices of lay-off being issued or other actions taken that would adversely affect the bargaining unit and through to the final phases of the process. In addition to that, and to any other planning committee in the Hospital of a more broadly representational make-up, there shall be immediately established a Staff Planning Committee for the bargaining unit, which shall meet during the term of this agreement every three (a3) The Employer months, unless otherwise mutually agreed by the parties. It shall not contract out be the function of the Staff Planning Committee to consider possible ways and means of avoiding or minimizing potential adverse effects upon employees in the bargaining unit, including: identifying and proposing possible alternatives to any work normally performed by action that the Hospital may propose taking; identifying and seeking ways to address the retraining needs of employees; identifying vacant positions within the Hospital for which surplus members of the bargaining unitunit might qualify, ifor such positions which are currently filled but which are expected to become vacant within a twelve (12) month period. The Committee shall be comprised of equal number of representatives of the Hospital and from the Union. The number of representatives is to be determined locally, and shall consist of at least two (2) representatives from each party. Meetings of the Committee shall be held during normal working hours. Representatives attending such meetings shall be deemed to be work Central Guide Document October time for which the shall be paid by the Hospital at his or her regular or premium rate as direct result may be applicable. The Hospital shall make typing and other such clerical assistance available as required. Each party shall appoint a co-chair for the Committee. Co-chairs shall chair alternate meetings of the Committee and will be jointly responsible for establishing the agenda of the Committee meetings, preparing minutes and writing such contracting outcorrespondence as the Committee may direct. To allow the Staff Planning Committee to carry out its mandated role under this Article, the Hospital will provide the Committee with pertinent financial and information and with a layoff copy of any employees covered by this Collective Agreement occursreorganization plans which impact on the bargaining unit. Contracting out The Committee shall submit its written recommendations to an employer who is organized and who will employ the affected employees Chief Executive Officer of the bargaining unit who would otherwise Hospital and the Board of Trustees. Where there is no consensus within the Committee, the individual members of the Committee shall be laid off is not a breach entitled to submit their own recommendations. Any agreement between the Hospital and the Union resulting from the above review concerning the method of implementation will take precedence over the other provisions of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreementagreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment It is understood that all of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position above shall be replaced either temporarily or permanently with completed in a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteerstimely manner. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The When it is determined by the Employer that a reduction in the work force is necessary, not less than four (4) calendar weeks notice shall not contract out any work normally performed by members be given to the Union and the employees affected. At the request of either party, the bargaining unit, if, as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occursEmployer and the Union shall meet during the notice period to discuss possible alternatives to the layoff. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise Employees shall be laid off in reverse order of seniority in each classification provided those remaining are qualified to perform the work required. During the notice period, the Employer will request voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with this agreement. The number of employees to be laid off shall be reduced accordingly. It is not a breach of this Agreementunderstood that employees voluntarily resigning will thereby waive their rights to recall. (b) The transfer of If there is a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall)layoff, the Employer shall endeavor employee(s) affected may choose, in order of seniority, within three (3) weeks of notice, to ensure bump employees with less seniority. Full-time employees may bump other full-time employees or part-time employees and part-time employees may bump other part-time employees or full-time employees provided they have more seniority than the employment employee they choose to bump. Employees who choose to bump may bump either those with less seniority in the same classification or those with less seniority in a classification in which they are, in the opinion of the employees affected by Employer, competent to perform the transfer work. Employees shall be permitted a trial period of services, firstly, at thirty (30) days to demonstrate their competence to perform the option of the job they claim. An employee within Community Living Windsor and then within the employ of the agency who chooses not to which the service is being transferred. As far bump shall receive severance pay in advance as possible, the Employer will meet accordance with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employeesthis agreement. (c) An employee displaced under clause (b) above may similarly elect within two (2) weeks to bump into another classification in which the employee is, in the opinion of the Employer, competent to perform. The employee shall also be permitted a trial period of thirty (30) days to demonstrate his or her competence to perform the job claimed. An employee who has transferred into a lower rated classification in accordance with Article 18 above shall retain first recall rights to the employee’s previous classification when a vacancy occurs therein. (d) An employee who has reverted to a lower salary group, and whose salary is higher than the maximum of this group, shall be red-circled and continue to receive the higher salary at the rate of one (1) month per year of service to a maximum of eighteen (18) months, at which time they shall revert to the highest rate of their new classification. (e) Laid-off employees, or those who bumped into lower classifications, shall be placed on a recall list in order of seniority and the Employer shall fill vacancies according to that list. A laid-off employee may refuse to accept temporary work without his or her recall rights being affected, and a laid-off full-time employee may refuse to accept part-time work without his or her recall rights being affected. A laid-off part-time employee may refuse full-time work without his or her recall rights being affected. Laid-off employees shall be removed from the recall list when their seniority is lost as outlined in Article 18(b). (f) During a layoff, seniority will be frozen. If the employee is recalled to regular employment, seniority will be restored to the frozen level. An employee on the recall list shall have the option of buying his/her benefits package for the period he or she is on the list. (g) Notice of recall shall be sent to the employee by registered mail, with a copy to the Union office at the same time by registered mail. (h) Except in the case of a change in classification, there shall be no pay cuts for any employee during the term of this collective agreement. (i) For employees who have completed their probationary period, there shall be no discipline, suspension or dismissal except for just and sufficient cause. (j) Employees shall be trained at the Employer's expense during working hours to use new technology and methods in their work. (k) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(snotify the Union at least three (3) nor shall an employee be laid off as a result months in advance of the Employer utilizing introduction of major changes in equipment or technology used by it in its operations. During this period, on the services request of volunteers. 20.02 In either party, the event that parties shall meet to discuss the Employer should merge, amalgamate impact of such changes. Where such a change in equipment or combine any technology causes the elimination of its operations or functions with any other agencypositions, the Employer will use its best efforts shall offer, to ensure retention affected employees, retraining for job vacancies within the bargaining unit. Where no job vacancies exist or where the employee cannot be retrained within a reasonable period of all seniority and benefits currently enjoyed by its employees time, the Employer may layoff staff in accordance with this article. (l) There shall be no change in an employee's job status (full-time/part-time) without the successor employeremployee's consent. The Employer shall invite the Union make a reasonable effort not to participate in meetings dealing with personnel related issues affecting bargaining unit employeestransfer an employee against his or her wishes to another classification. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer shall not contract out any work normally performed by members of the bargaining unit, if, as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreement. (b) . The transfer of a Program within Community Living Windsor the Association to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff Xxxxxx and Recall), the Employer shall endeavor to endeavorto ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor the Association and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteers. 20.02 . In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 . Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee. matter of all such notices shall be restrictedto notices pertaining the recreational or social activities, notices of meetings or notices of results of elections. Provided further that no notices shall be posted or placed by the Union on such bulletin boards or at the mutually agreed designated place containing advertising or political in matter. The Employer agrees that for distributing the aforesaid notices, the Union may use the Employer's interoffice mail service. The Employer shall permit the Union access to the mail service for the distribution of Union information. Such usageshall not exceed one (1) delivery per week.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. a) When it is determined by the Employer that a reduction in the work force is necessary, not less than four (a4) calendar weeks notice shall be given to the Union and the employees affected. At the request of either party, the Employer and the Union shall meet during the notice period to discuss possible alternatives to the layoff. Employees shall be laid off in reverse order of seniority in each classification provided those remaining are qualified to perform the work required. During the notice period, the Employer will request voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with this agreement. The number of employees to be laid off shall be reduced accordingly. It is understood that employees voluntarily resigning will thereby waive their rights to recall. b) If there is a layoff, the employee(s) affected may choose, in order of seniority, within seven (7) working days of notice, to bump employees with the lowest seniority. Full- time employees may bump other full-time employees or part-time employees and part- time employees may bump other part-time employees or full-time employees provided they have more seniority than the employee they choose to bump. Employees who choose to bump may bump either those with the lowest seniority in the same classification or those with the lowest seniority in a classification in which they are, in the opinion of the Employer, competent to perform the work. Employees shall be permitted a trial period of up to thirty (30) days to demonstrate their competence to perform the job they claim. An employee who chooses not to bump shall receive severance pay in accordance with this agreement. c) An employee displaced under clause (b) above may similarly elect within seven (7) working days to bump the employee with the lowest seniority in another classification in which the employee is, in the opinion of the Employer, competent to perform the work. The employee shall also be permitted a trial period of up to thirty (30) days to demonstrate his or her competence to perform the job claimed. An employee who has transferred into a lower rated classification in accordance with clause (b) shall retain first recall rights to the employee’s previous classification when a vacancy occurs therein. d) An employee who has reverted to a lower salary group, and whose salary is higher than the maximum of this group, shall be red-circled and continue to receive the higher salary at the rate of one (1) month per year of service to a maximum of eighteen (18) months, at which time they shall revert to the highest rate of their new classification. e) Laid-off employees, or those who bumped into lower classifications, shall be placed on a recall list in order of seniority and the Employer shall fill vacancies according to that list. A laid-off employee may refuse to accept temporary work without his or her recall rights being affected, and a laid-off full-time employee may refuse to accept part-time work without his or her recall rights being affected. A laid-off part-time employee may refuse full-time work without his or her recall rights being affected. Laid-off employees shall be removed from the recall list when their seniority is lost as outlined in Article 18(b). f) During a layoff, seniority will be frozen. If the employee is recalled to regular employment, seniority will be restored to the frozen level. An employee on the recall list shall have the option of buying his/her benefits package for the period he or she is on the list. g) Notice of recall shall be sent to the employee by registered mail, with a copy to the Union office at the same time by registered mail. h) Except in the case of a change in classification, there shall be no pay cuts for any employee during the term of this collective agreement. i) For employees who have completed their probationary period, there shall be no discipline, suspension or dismissal except for just and sufficient cause. j) Employees shall be trained at the Employer's expense during working hours to use new technology and methods in their work. k) The Employer shall not contract out any work normally performed by members notify the Union at least three (3) months in advance of the bargaining unitintroduction of major changes in equipment or technology used by it in its operations. During this period, ifon the request of either party, as direct result the parties shall meet to discuss the impact of such contracting out, changes. Where such a layoff change in equipment or technology causes the elimination of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall)positions, the Employer shall endeavor offer, to ensure affected employees, retraining for job vacancies within the employment of the employees affected by the transfer of services, firstly, at the option of bargaining unit. Where no job vacancies exist or where the employee cannot be retrained within Community Living Windsor and then within the employ a reasonable period of the agency to which the service is being transferred. As far in advance as possibletime, the Employer will meet may layoff staff in accordance with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employeesthis article. (cl) The Employer agrees that no bargaining unit position There shall be replaced either temporarily or permanently with a volunteer worker(sno change in an employee's job status (full-time/part-time) nor shall an employee be laid off as a result of without the Employer utilizing the services of volunteers. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employeremployee's consent. The Employer shall invite the Union make a reasonable effort not to participate in meetings dealing with personnel related issues affecting bargaining unit employeestransfer an employee against his or her wishes to another classification. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer shall not contract out any work normally performed by members of the bargaining unit, if, 11.01 No Employee will be laid off or have a reduction in assignment as a direct result of such contracting outthe use of volunteers, a layoff of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreementapprenticeships, co-op students, tutoring programs, practicum students, workfare, or partnerships with community agencies. (b) The transfer of a Program within Community Living Windsor 11.02 No persons including students or government project Employees will be hired until Employees on lay-off have been given an opportunity to another agencywork through recall procedure, as directed by provided each has the Provincial Ministrynecessary skill, shall not constitute a breach of this Agreement. Upon such transfer of services, subject ability and the qualifications to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact do the work and/or job security of bargaining unit employeesavailable. (c) The Employer agrees that no bargaining unit position shall 11.03 No new Employees will be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off hired as a result of the Employer utilizing the services of volunteerslong as there are qualified Bargaining Unit members on lay-off. 20.02 11.04 In the event that the Employer should Thames Valley District School Board shall merge, amalgamate or combine any of its operations or functions with any other agencyanother Board of Education, the Employer Board will use its best efforts to ensure retention of that: (a) Bargaining Unit Employees shall be credited with all seniority and benefits currently enjoyed by its employees rights with the successor employer. The new Employer. (b) All service credits relating to vacation with pay, sick leave credits, pensionable service and other benefits shall be recognized by the new Employer; (c) Conditions of employment and wage rates with the new Employer shall invite be at least equal to those contained in this Collective Agreement; (d) No Employee(s) shall suffer a loss of employment as a result of the Union to participate merger; (e) Preference in meetings dealing with personnel related issues affecting bargaining unit employeeslocation in the merged Board shall be on the basis of seniority; and (f) It will solicit input from the President of CUPE Local 7575 regarding items (a-e) as set forth above and keep the President informed of the status of the discussions involving those items. 20.03 Supervisors, placement students, grant workers and volunteers 11.05 Employees whose jobs are not in the Bargaining Unit shall not perform any Bargaining Unit work normally performed by employees while Employees qualified to perform the available work are on lay off, nor shall such Employees be utilized to the extent that it causes the lay- off or reduction in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement hours of the Labour/Management CommitteeBargaining Unit members.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer shall not contract out any work normally performed by members of the bargaining unit, if, as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees of Board agrees that no employee in the bargaining unit who would otherwise be laid off is not will suffer loss of employment with the Board as a breach result of this Agreement. (b) The transfer any contracting out of a Program within Community Living Windsor to another agency, as directed by work during the Provincial Ministry, shall not constitute a breach lifetime of this Agreement. Upon such transfer of services, subject The Board will endeavour to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor offer temporary employment to ensure the employment of the recall employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency prior to which the service is being transferredcontracting work out. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteers. 20.02 In the event that of the Employer should merge, amalgamate or combine Board considering the contracting out of any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit, the matter will be discussed with the Union Committee. The Board will take suggestions made by the Committee into consideration, along with all other circumstances, when making a decision. The words "contracting out" in this Article are also intended to mean transferred, leased, assigned or conveyed. The Board agrees to notify the Union in advance of any technological changes the Board has decided to introduce which will affect employees who are in the Bargaining Unit. A Technological Change Committee will be formed to discuss the changes that will be introduced. The Committee will make recommendations involving practical ways and means of minimizing the effect, if any, on the employees These Recommendationswill be reviewed by the Board before the changes occur. Where the Board has determined training is necessary, the Board will provide training at no loss of pay for the employees affected. No member of the bargaining unit if on probationary or permanent staff shall be laid off or suffer a reduction of or a change in normally scheduled hours of work as a result of the use of volunteers. The Board will not engage volunteers as a means of avoiding the hiring of additional staff. Persons such as volunteers, students, co-op students, parents and others who provide assistance to the Employer shall be used only to enrich programs or provide other services and shall not be used to carry out the primary duties of any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon member. The parties recognize the mutual agreement desirability of providing opportunities for co-op students, peer helpers and for field placement students as an important part of their education. Consistent with this understanding, it is agreed that the function of such placements will be only to further their education and not replace any bargaining unit members. The Board shall advise the Union of such placements. Any issues arising out of the Labour/Management Committeeuse of volunteers will be dealt with in meetings.

Appears in 1 contract

Samples: Collective Bargaining Agreement

JOB SECURITY. (a) The Employer shall not contract out any work normally performed by members So long as a full-time position exists, there will be no splitting of that position into two or more part-time positions without agreement of the bargaining unitUnion, if, as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occursagreement not to be unreasonably withheld. Contracting out to an employer who is organized and who will employ the affected employees of Persons excluded from the bargaining unit who would otherwise be laid off is not a breach of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteers. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work duties normally performed by employees in the bargaining unit if as a which shall directly cause or result any such in the lay-off or reduction in hours of work of an employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon unit. In the mutual agreement event the Employer plans to change a vacant full-time position to a part-time position, will advise the Union and discuss its plans with them. The Union has the right to elect or otherwise select a negotiating committee consisting of three (3) representatives, one of whom shall be the chief Xxxxxxx. All members of the Labour/Management negotiating committee shall be regular full-time employees of the Employer who have completed their probationary period. The Employer will recognize a Union Administrative Committee which shall consist of a Chief Xxxxxxx and three (3) area stewards selected by the Union. Only the Chief Xxxxxxx and one (1) area xxxxxxx shall meet with management on any occasion. The Employer shall be advised of the names of the members of the Administrative Committee and the areas for which each responsible. The Union undertakes to give the Employer written notice of any change in the Administrative Committee, and, until such notice given, the Employer is not required to recognize any new member of the Administrative Committee. The Union acknowledges that the members of the Union Administrative Committee must continue to perform their regular duties, and that all activities of the Committee will be carried on outside the regular working hours of the members thereof, unless otherwise mutually arranged. The Employer shall pay representatives and Committee members their respective wages for all time lost from regularly scheduled hours investigating and/or processing grievances, up to but not including the arbitration stage, negotiation of the Collective Agreement and renewals thereof, up to and including conciliation, and while attending meetings with the Employer. Employees on the evening and night shift shall receive paid time off for the actual day of the negotiating meeting.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) 5.1 The Employer Authority agrees that for the life of the collective agreement, permanent employees hired prior to date of signing of this agreement shall not contract out any be laid off or have their hours of work normally performed by members reduced, nor shall permanent seasonal employees (which includes employees in Appendix C) have their seasonal recall rights affected except due to extraordinary circumstance(s) that interrupt the normal day to day, year to year operations, threaten the closure of the bargaining unitAirport, ifor drastically reduce the normal operations of Gander International Airport.. Should extraordinary circumstance(s) occur, the Authority will inform the local as direct result soon as possible of the circumstance(s) - the Authority accepts the onus. In such contracting outcases the parties will meet to investigate, meaningfully consult and take steps to resolve the matter in a reasonably fair and equitable manner, including the amendment of this collective agreement as per Article 48. 5.2 Any layoffs shall be by classification in reverse order of seniority and recall will be in order of seniority. Normally, notice of layoff will be forty-five (45) days. 5.3 Except in the event of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees extraordinary circumstance(s), no permanent full-time employee of the bargaining unit who would otherwise will be laid off is or have a reduction in hours of work, nor shall permanent seasonal employees (which include employees in Appendix C) have their seasonal recall rights affected as a result of the Authority contracting out bargaining unit work. 5.4 Excluded employees of the Authority and volunteers not a breach covered by the terms of this Agreement. (b) The transfer agreement will not perform the duties normally assigned to those employees who are covered by this collective agreement, except in emergencies, past practice, training or instruction or, provided it does not result in a layoff or reduction in hours of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that 5.5 Recall rights for all laid off employees will be for the term of this collective agreement. 5.6 Subject to Article 47, no employees shall be required to perform any substantive work outside the bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off as a result of without the Employer utilizing the services of volunteersemployees consent. 20.02 5.7 In respect of non-bargaining unit services externally contracted by the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agencyAuthority, the Employer will use its best efforts parties agree to ensure retention of all seniority meet and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite discuss any proposal for which the Union wishes the contract to participate in meetings dealing with personnel related issues affecting be awarded to bargaining unit employees, prior to the Authority making its final decision to award the contracted services. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The When it is determined by the Employer that a reduction in the work force is necessary, not less than four (4) calendar weeks notice shall not contract out any work normally performed by members be given to the Union and the employees affected. At the request of either party, the bargaining unit, if, as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occursEmployer and the Union shall meet during the notice period to discuss possible alternatives to the layoff. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise Employees shall be laid off in reverse order of seniority in each classification provided those remaining are qualified to perform the work required. During the notice period, the Employer will request voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with this agreement. The number of employees to be laid off shall be reduced accordingly. It is not a breach of this Agreementunderstood that employees voluntarily resigning will thereby waive their rights to recall. (b) The transfer of If there is a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall)layoff, the Employer shall endeavor employee(s) affected may choose, in order of seniority, within seven (7) working days of notice, to ensure bump employees with the employment lowest seniority. Full-time employees may bump other full-time employees or part-time employees and part-time employees may bump other part-time employees or full-time employees provided they have more seniority than the employee they choose to bump. Employees who choose to bump may bump either those with the lowest seniority in the same classification or those with the lowest seniority in a classification in which they are, in the opinion of the employees affected by Employer, competent to perform the transfer work. Employees shall be permitted a trial period of services, firstly, at up to thirty (30) days to demonstrate their competence to perform the option of the job they claim. An employee within Community Living Windsor and then within the employ of the agency who chooses not to which the service is being transferred. As far bump shall receive severance pay in advance as possible, the Employer will meet accordance with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employeesthis agreement. (c) An employee displaced under clause (b) above may similarly elect within seven (7) working days to bump the employee with the lowest seniority in another classification in which the employee is, in the opinion of the Employer, competent to perform the work. The employee shall also be permitted a trial period of up to thirty (30) days to demonstrate his or her competence to perform the job claimed. An employee who has transferred into a lower rated classification in accordance with clause (b) shall retain first recall rights to the employee’s previous classification when a vacancy occurs therein. (d) An employee who has reverted to a lower salary group, and whose salary is higher than the maximum of this group, shall be red-circled and continue to receive the higher salary at the rate of one (1) month per year of service to a maximum of eighteen (18) months, at which time they shall revert to the highest rate of their new classification. (e) Laid-off employees, or those who bumped into lower classifications, shall be placed on a recall list in order of seniority and the Employer shall fill vacancies according to that list. A laid-off employee may refuse to accept temporary work without his or her recall rights being affected, and a laid-off full-time employee may refuse to accept part-time work without his or her recall rights being affected. A laid-off part-time employee may refuse full-time work without his or her recall rights being affected. Laid-off employees shall be removed from the recall list when their seniority is lost as outlined in Article 18(b). (f) During a layoff, seniority will be frozen. If the employee is recalled to regular employment, seniority will be restored to the frozen level. An employee on the recall list shall have the option of buying his/her benefits package for the period he or she is on the list. (g) Notice of recall shall be sent to the employee by registered mail, with a copy to the Union office at the same time by registered mail. (h) Except in the case of a change in classification, there shall be no pay cuts for any employee during the term of this collective agreement. (i) For employees who have completed their probationary period, there shall be no discipline, suspension or dismissal except for just and sufficient cause. (j) Employees shall be trained at the Employer's expense during working hours to use new technology and methods in their work. (k) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(snotify the Union at least three (3) nor shall an employee be laid off as a result months in advance of the Employer utilizing introduction of major changes in equipment or technology used by it in its operations. During this period, on the services request of volunteers. 20.02 In either party, the event that parties shall meet to discuss the Employer should merge, amalgamate impact of such changes. Where such a change in equipment or combine any technology causes the elimination of its operations or functions with any other agencypositions, the Employer will use its best efforts shall offer, to ensure retention affected employees, retraining for job vacancies within the bargaining unit. Where no job vacancies exist or where the employee cannot be retrained within a reasonable period of all seniority and benefits currently enjoyed by its employees time, the Employer may layoff staff in accordance with this article. (l) There shall be no change in an employee's job status (full-time/part-time) without the successor employeremployee's consent. The Employer shall invite the Union make a reasonable effort not to participate in meetings dealing with personnel related issues affecting bargaining unit employeestransfer an employee against his or her wishes to another classification. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer shall not contract ‌ 31.01 Prior to the contracting out any work normally of a function presently performed by members of the bargaining unit, if, as direct result of such contracting out, and which results in a layoff of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise be laid off is not a breach of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall)change in existing operational methods, the Employer shall endeavor to ensure notify the employment Union Representative in writing of its intention and shall provide details of the employees affected by work to be performed. Should the transfer Union so request within three working days of servicesreceiving notice, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, discussions with the Employer will meet be held to review alternative suggestions from the Union. During the life of this Agreement, no permanent employee within the scope of this Agreement shall, as a direct result of leasing equipment or contracting a service, lose his employment with the Labour Management Committee to discuss planned changes to its structureEmployer, operations and/or services which may substantially impact and the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position employee's wage shall be replaced either temporarily red-circled until such time as he is placed in a position with an equivalent pay range or permanently with a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteers. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employerhigher. The Employer shall invite the Union make every reasonable effort to participate place employees affected by leasing or contracting out in meetings dealing permanent positions with personnel related issues affecting bargaining unit employeesan equal rate of pay to that received prior to such leasing or contracting out. 20.03 Supervisors, placement students, grant workers and volunteers 31.02 The Employer shall not perform work normally performed by lease equipment from others when such leasing would adversely affect the full-time employment of employees, unless and until all operative Employer-owned equipment suitable for the job involved is in full-time use. 31.03 The Employer recognizes that it is not the function of employees who are not in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only to perform work normally which is currently being performed by employees an employee in the bargaining unit, except in emergency conditions and for the training and instructing of an employee and in no case shall an employee in the bargaining unit upon the mutual agreement lose income by reason of the Labour/Management Committeeperformance of such work by such other person. 31.04 Notwithstanding section 31.03 it is recognized that the nature of the work in some departments is such that it is often impossible to distinguish between the work performed by a Department Manager and the bargaining unit employees. However, it is agreed that the Employer shall not reorganize a department in such a way that a Department Manager assumes a significant amount of work previously done by a bargaining unit employee and thereby eliminate that job. This does not preclude the Employer's right to reduce the number of jobs in a department where the workload in that department is reduced. 31.05 Notwithstanding any other provision in this article, no employee shall be laid-off or have their hours of work reduced due to contracting-out.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer With respect to the development of any operating or re-structuring plan which may affect the bargaining unit, the Union shall not contract out be involved in the planning process as soon as practicable and, in any work normally performed event, in advance of such plans or proposals being finalized and notices of layoff being issued or other actions taken that would adversely affect the bargaining unit and through to the final phases of the process. In addition to that, and to any other planning committee in the Hospital of a more broadly representational make-up, there shall be immediately established a Staff Planning Committee for the bargaining unit, which shall meet during the term of this agreement every three months, unless otherwise mutually agreed by the parties. It shall be the function of the Staff Planning Committee to consider possible ways and means of avoiding or minimizing potential adverse effects upon employees in the bargaining unit, including: identifying and proposing possible alternatives to any action that the hospital may propose taking; identifying and seeking ways to address the retraining needs of employees; identifying vacant positions within the Hospital for which surplus members of the bargaining unitunit might qualify, ifor such positions which are currently filled but which are expected to become vacant within a twelve (12) month period. The Committee shall be comprised of equal number of representatives of the hospital and from the Union. The number of representatives is to be determined locally, and shall consist of at least two representatives from each party. Meetings of the Committee shall be held during normal working hours. Representatives attending such meetings shall be deemed to be work time for which the shall be paid by the Hospital at his or her regular or premium rate as direct result may be applicable. The Hospital shall make typing and other such clerical assistance available as required. Each party shall appoint a co-chair for the Committee. Co-chairs shall chair alternate meetings of the committee and will be jointly responsible for establishing the agenda of the Committee meetings, preparing minutes and writing such contracting outcorrespondence as the Committee may direct. To allow the Staff Planning Committee to carry out its mandated role under this Article, the will provide the Committee with pertinent financial and staffing information and with a layoff copy of any employees covered by this Collective Agreement occursreorganization plans which impact on the bargaining unit. Contracting out The Committee shall submit its written recommendations to an employer who is organized and who will employ the affected employees Chief Executive Officer of the bargaining unit who would otherwise Hospital and the Board of Trustees. Where there is no consensus within the Committee, the individual members of the committee shall be laid off is not a breach entitled to submit their own recommendations. Any agreement between the Hospital and the Union resulting from the above review concerning the method of implementation will take precedence over the other provisions of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreementagreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment It is understood that all of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position above shall be replaced either temporarily or permanently with completed in a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteerstimely manner. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer shall not contract out any work normally performed by members This clause applies where an employer ("the current contractor")terminates the employment of the bargaining unit, if, as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees award because of the bargaining unit who would otherwise be laid off is not loss of a breach of this Agreementdomestic contract. (b) The transfer Within 21 days of a Program within Community Living Windsor SITA notifying the TWU of its intention to another agencyterminate employees, as directed by the Provincial Ministry, SITA shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option request of the employee within Community Living Windsor affected, provide a statement including the following (as at the date of termination); Current rate of pay Current grade / classification Long service accrual Annual leave accrual Sick leave accrual RDO's, and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees.Commencement date (c) If SITA is successful in obtaining a waste contract previously performed by another contractor, SiTA will offer existing employees of that contractor the opportunity to work with SITA. The Employer agrees ongoing employment of these employees will be subject to an evaluation period of up to three (3) months after which they will be offered permanent employment. Medical fitness relevant to the position will also be a criteria for employment. (d) If successful in securing a new domestic Contract, SITA will use pay rates in this HOA as a minimum. Where this is impractical, the parties shall negotiate a mutually agreed rate. (e) If, in the implementation of a contract being won by SITA, fewer personnel are required to service that no bargaining unit position contract, then any consideration for new employees will be on a "last on, first off" basis, based on employment with the previous contractor. (f) When an offer of employment is made with the new contractor and it is accepted by an employee, that employee shall commence employment with the new contractor from the date the new contractor takes over the contract and, where agreement has been reached between new contractor and the current contractor, all their accrued leave entitlement and prior service will be replaced either temporarily or permanently with a volunteer worker(s) nor transferred to, and recognised by the new contractor. The current contractor shall not be liable for redundancy payments where an employee be laid off as a result of commences employment with the Employer utilizing the services of volunteersnew contractor. 20.02 In (g) Employees not commencing with the event that new contractor will be entitled to be paid any outstanding entitlements on termination, including annual leave and long service leave. A redundancy situation does not arise, and the Employer should merge, amalgamate employee will not be entitled to be paid any notice or combine any redundancy payment from the current contractor other than accrued annual and long service leave entitlements. (h) Subclauses (e) and (f) do not affect an employee's entitlement for redundancy payments in situations where a positive managerial decision has been made to terminate employment in situations other than the ordinary and customary turnover of its operations or functions with any other agencylabour. (i) Where a contract is due to change, the Employer will use its best efforts parties to ensure retention of all seniority and benefits currently enjoyed by its employees with this agreement agree to follow the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employeesdispute resolution procedure. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Enterprise Agreement

JOB SECURITY. (a) The Employer respect to the development of any operating or re-structuring plan which may affect the bargaining unit, the Union shall not contract out be involved in the planning process as soon as practicable and, in any work normally performed event, in advance of such plans or proposals being finalized and notices of layoff being issued or other actions taken that would adversely affect the bargaining unit and through to the final phases of the process. In addition to that, and to any other planning committee in the Hospital of a more broadly representational make-up, there shall be immediately established a Staff Planning Committee for the bargaining unit, which meet during the of this agreement every three months, unless otherwise mutually agreed by the parties. It shall be the function of the Staff Planning Committee to consider possible ways and means of avoiding or minimizing potential adverse effects upon employees in the bargaining unit, including: identifying and proposing possible alternatives to any action that the hospital may propose taking: identifying and seeking ways to address the retraining needs of employees; identifying vacant positions within the Hospital for which surplus members of the bargaining unitunit might qualify, if, as direct result or such positions which are currently filled but which are expected to become vacant within a twelve (12) month period. The Committee shall be comprised of such contracting out, a layoff equal numbers of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees representatives of the bargaining unit who would otherwise hospital and from the Union. The number of representatives is to be laid off is not a breach determined locally, and shall consist of this Agreement. (b) The transfer at least two representatives from each party. Meetings of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, Committee shall be held during normal working hours. Representatives attending such meetings during their regularly-scheduled hours of work shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off lose regular earnings as a result of such attendance. The Hospital shall make typing and other such clerical assistance available as required. Each party shall appoint a co-chair for the Employer utilizing Committee. Co-chairs shall chair alternate meetings of the services Committee and will be jointly responsible for establishing the agenda of volunteers. 20.02 In the event that Committee meetings, preparing minutes and writing such correspondence as the Employer should merge, amalgamate or combine any of Committee may direct. To allow the Staff Planning Committee to carry out its operations or functions with any other agencymandated role under this Article, the Employer Hospital will use its best efforts to ensure retention provide the Committee with pertinent financial and staffing information and with a copy of all seniority and benefits currently enjoyed by its employees with any reorganization plans which impact on the successor employerbargaining unit. The Employer Committee shall invite submit its written recommendations to the Chief Executive Officer of the Hospital and the Board of Trustees. Where there is no consensus within the Committee, the individual members of the Committee shall be entitled to submit their own recommendations. Any agreement between the Hospital and the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employeesresulting from the above review concerning the method of implementation will take precedence over the other provisions of this agreement. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The Employer With respect to the development of any operating or plan which may affect the bargaining unit, the Union shall not contract out be involved in the planning process as soon as practicable and, in any work normally performed event, in advance of such plans or proposals being finalized and notices of being issued or other actions taken that would adversely affect the bargaining unit and through to final phases of the process: In addition to that, and to any other planning committee in the Hospital of a more broadly representational make-up, there shall be immediately established a Planning Committee for the bargaining shall meet during the term of this agreement every three (3) months, unless otherwise mutually agreed by the parties. shall be the function of the StaffPlanning Committee to consider possible ways and means of avoiding or minimizing potential adverse effects upon employees in the bargaining unit, including: identifying and proposing possible alternatives to any action that seeking ways to address the retraining needs of identifying vacant positions within the Hospitalfor which surplus members of the bargaining unitunit might qualify, if, as direct result or such positions which are currently filled but which are expected to become vacant within a twelve (12) month period. The Committee shall be comprised of such contracting out, a layoff equal number of any employees covered by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees representatives of the hospital and from the Union. The number of representatives is to be determined locally, and shall consist of at least two (2) representatives from each party. Meetings of the Committee shall be held during normal working hours. Representativesattending such meetings shall be deemed to be work time the shall be paid by the Hospitalat his or her regular or premium rate as may be applicable. The shall make typing and other such assistance available as required. Each party shall appoint a co-chairfor the Committee. Co-chairs shall chair alternate meetings of the committee and will be jointly responsible for establishing the agenda of the Cornmittee meetings, preparing minutes and writing such correspondenceas the Committee may direct. To allow the Staff Planning Committee to carry out its mandated role under this the Hospital will the Committee with pertinent financial and and with a copy any reorganization plans which impact on the bargaining unit who would otherwise unit. shall submit its written recommendationsto the Chief Executive Officerof the Hospital and the Board of Where there is no consensus within the Committee, the individual members of the committee be laid off is not a breach entitled to submit their own recommendations. Any agreement the Hospital and the Union resulting from the above review concerning the method of implementation will take precedence over the other provisions of this Agreement. (b) The transfer of a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreementagreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall), the Employer shall endeavor to ensure the employment It is understood that all of the employees affected by the transfer of services, firstly, at the option of the employee within Community Living Windsor and then within the employ of the agency to which the service is being transferred. As far in advance as possible, the Employer will meet with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employees. (c) The Employer agrees that no bargaining unit position above shall be replaced either temporarily or permanently with completed in a volunteer worker(s) nor shall an employee be laid off as a result of the Employer utilizing the services of volunteerstimely manner. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The When it is determined by the Employer that a reduction in the work force is necessary, not less than four (4) calendar weeks notice shall not contract out any work normally performed by members be given to the Union and the employees affected. At the request of either party, the bargaining unit, if, as direct result of such contracting out, a layoff of any employees covered by this Collective Agreement occursEmployer and the Union shall meet during the notice period to discuss possible alternatives to the layoff. Contracting out to an employer who is organized and who will employ the affected employees of the bargaining unit who would otherwise Employees shall be laid off in reverse order of seniority in each classification provided those remaining are qualified to perform the work required. During the notice period, the Employer will request voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with this agreement. The number of employees to be laid off shall be reduced accordingly. It is not a breach of this Agreementunderstood that employees voluntarily resigning will thereby waive their rights to recall. (b) The transfer of If there is a Program within Community Living Windsor to another agency, as directed by the Provincial Ministry, shall not constitute a breach of this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall)layoff, the Employer shall endeavor employee(s) affected may choose, in order of seniority, within three weeks of notice, to ensure bump employees with less seniority. Full-time employees may bump other full-time employees or part-time employees and part-time employees may bump other part-time employees or full-time employees provided they have more seniority than the employment employee they choose to bump. Employees who choose to bump may bump either those with less seniority in the same classification or those with less seniority in a classification in which they are, in the opinion of the employees affected by Employer, competent to perform the transfer work. Employees shall be permitted a trial period of services, firstly, at thirty (30) days to demonstrate their competence to perform the option of the job they claim. An employee within Community Living Windsor and then within the employ of the agency who chooses not to which the service is being transferred. As far bump shall receive severance pay in advance as possible, the Employer will meet accordance with the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact the work and/or job security of bargaining unit employeesthis agreement. (c) An employee displaced under clause (b) above may similarly elect within two weeks to bump into another classification in which the employee is, in the opinion of the Employer, competent to perform. The employee shall also be permitted a trial period of thirty (30) days to demonstrate his or her competence to perform the job claimed. An employee that has transferred into a lower rated classification in accordance with Article 18 above shall retain first re-call rights to the employee’s previous classification when a vacancy occurs therein. (d) An employee who has reverted to a lower salary group, and whose salary is higher than the maximum of this group, shall be red-circled and continue to receive the higher salary at the rate of one (1) month per year of service to a maximum of eighteen (18) months, at which time they shall revert to the highest rate of their new classification. (e) Laid-off employees, or those who bumped into lower classifications, shall be placed on a recall list in order of seniority and the Employer shall fill vacancies according to that list. A laid-off employee may refuse to accept temporary work without his or her recall rights being affected, and a laid-off full-time employee may refuse to accept part-time work without his or her recall rights being affected. A laid-off part-time employee may refuse full-time work without his or her recall rights being affected. Laid-off employees shall be removed from the recall list when their seniority is lost as outlined in Article 18(b). (f) During a layoff, seniority will be frozen. If the employee is recalled to regular employment, seniority will be restored to the frozen level. An employee on the recall list shall have the option of buying his/her benefits package for the period he or she is on the list. (g) Notice of recall shall be sent to the employee by registered mail, with a copy to the Union office at the same time by registered mail. (h) Except in the case of a change in classification, there shall be no pay cuts for any employee during the term of this collective agreement. (i) For employees who have completed their probationary period, there shall be no discipline, suspension or dismissal except for just and sufficient cause. (j) Employees shall be trained at the Employer's expense during working hours to use new technology and methods in their work. (k) The Employer agrees that no bargaining unit position shall be replaced either temporarily or permanently with a volunteer worker(s) nor shall an employee be laid off as a result notify the Union at least three months in advance of the Employer utilizing introduction of major changes in equipment or technology used by it in its operations. During this period, on the services request of volunteers. 20.02 In either party, the event that parties shall meet to discuss the Employer should merge, amalgamate impact of such changes. Where such a change in equipment or combine any technology causes the elimination of its operations or functions with any other agencypositions, the Employer will use its best efforts shall offer, to ensure retention affected employees, retraining for job vacancies within the bargaining unit. Where no job vacancies exist or where the employee cannot be retrained within a reasonable period of all seniority and benefits currently enjoyed by its employees time, the Employer may lay off staff in accordance with this article. (l) There shall be no change in an employee's job status (full-time/part-time) without the successor employeremployee's consent. The Employer shall invite the Union make a reasonable effort not to participate in meetings dealing with personnel related issues affecting bargaining unit employeestransfer an employee against his or her wishes to another classification. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid off. Grant employees, whose contracts require Union approval, and Workfare participants may only perform work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. (a) The 0.01 Employees not covered by the terms of this Agreement will not perform duties normally assigned to those mployees who are covered by this Agreement, except for the purposes of instruction, experimentation or in mergencies where regular employees are not available. he Employer shall not contract out any work normally usually performed by members of the bargaining unit, if, if as direct a result of f such contracting out, a layoff of any employees covered other than casual part?time employees results from such ontracting out. otwithstanding the foregoing, the Employer may contract out work usually performed by this Collective Agreement occurs. Contracting out to an employer who is organized and who will employ the affected employees members of the bargaining argaining unit who would otherwise be laid off is not without such contracting-out constituting a breach of this Agreement.provision if the Employer provides in its ommercial arrangement contracting out the work that the contractor to whom the work is being contracted, and ny subsequent such contractor, agrees: (b1) The transfer to employ the employees thus displaced from the Employer; and 2) in doing so to stand, with respect to that work, in the place of a Program within Community Living Windsor the Employer for the purposes of the Employer's ollective agreement with the Union, and to another agency, as directed by execute into an agreement with the Provincial Ministry, shall not constitute a breach of Union to that effect. n order to ensure compliance with this Agreement. Upon such transfer of services, subject to sub-article 15.05 (Layoff and Recall)provision, the Employer shall endeavor agrees that it will withdraw the work from any ontractor who has failed to ensure meet the employment aforesaid terms of the employees affected contracting-out arrangement. On request by the transfer of Union the Employer will undertake to review contracted services, firstly, at which fall within the option work of he bargaining unit. The purpose of the employee within Community Living Windsor and then within review will be to determine the employ practicality of increasing the agency degree to which bargaining unit employees may be utilized to deliver such services in the service is being transferredfuture. As far The Employer further grees that the results of their review will be submitted to the Labour Adjustment Committee for its consideration 0.02 Technological Change he Employer agrees to notify the Union, in advance as possiblefar as practicable, of its intention to introduce technologica hanges which the Employer has decided to introduce which will meet with significantly change the Labour Management Committee to discuss planned changes to its structure, operations and/or services which may substantially impact status of employees within the work and/or job security of bargaining unit employees. (c) unit. The Employer agrees to discuss with the Union the effect of such technological changes n the employment status of employees and to consider practical ways and means of minimizing the adverse ffects, if any, upon present employees. echnological Change means the automation of equipment, or the mechanization or automation of operations, or he replacement of existing equipment or machinery with new equipment or machinery that no bargaining unit position results in the isplacement of an employee from their regular job. Where new or greater skills are required than are already possessed by affected employees under the present methods of operation, such employees shall be replaced either temporarily given a period of training during which they may perfect or permanently with a volunteer worker(s) nor acquire he skills necessitated by the new method of operation. There shall an employee be laid off as a result no reduction in wage or salary rates during he training period of the Employer utilizing the services of volunteers. 20.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with any other agency, the Employer will use its best efforts to ensure retention of all seniority and benefits currently enjoyed by its employees with the successor employer. The Employer shall invite the Union to participate in meetings dealing with personnel related issues affecting bargaining unit employees. 20.03 Supervisors, placement students, grant workers and volunteers shall not perform work normally performed by employees in the bargaining unit if as a result any such employee is laid offemployee. Grant employees, whose contracts require Union approval, and Workfare participants may only perform Training shall be given during the hours of work normally performed by employees in the bargaining unit upon the mutual agreement of the Labour/Management Committeewhenever possible.

Appears in 1 contract

Samples: Collective Agreement

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