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Common use of JOB SECURITY Clause in Contracts

JOB SECURITY. 9.01 Seniority shall be defined as length of service with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for the Employer and will accumulate thereafter. Seniority for part-time nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of full-time service. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (f) is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Employer unless such notice was not reasonably possible; (g) fails to return to work (subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the parties. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

JOB SECURITY. 9.01 Seniority a) Both parties recognize that job security shall increase in proportion to length of service. In the event of a layoff, the Board shall notify incumbent employees and the Union when their position shall be defined as length subject to layoff. Employees so notified can then exercise their seniority rights to bump other employees with less seniority. An employee about to be laid off may bump any employee with less seniority, provided the employee exercising the right is qualified, in accordance with Article 21, Section 6 (Seniority), to perform the duties of service the position held by the less 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, Section 6 (Seniority). Accordingly, at the Employer since date time of last hire layoff, an employee shall indicate in writing those areas in which the employee is qualified and will accrue when a nurse has completed her probationary periodwishes to be considered for casual/substitute work. Such seniority will date from the first day that a nurse actually started An employee may change those areas in which they wish to be considered for casual/substitute work in the current continuous service for event that they are qualified. b) It is not the Employer intent of these layoff and will accumulate thereafter. Seniority for part-time nurses recall procedures that regular 10 month employees are allowed to bump other employees during normal school closures. c) The bumping procedure shall be based on paid hours accumulated since date of last hire. undertaken in such a way that an orderly process is ensured. d) It is recognized mutually agreed that 1500 paid hours equals one (1) year the movement of full-time serviceemployees 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 job creation shall be posted. 9.02 The e) If, as the result of a layoff, an employee wishes to exercise seniority to move to a position which the employee has not previously held and served the required probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after or trial period, the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing furnish proof of qualifications acceptable to the appraisal which shall become part Board as provided under Section 7 a) of her record not to be used in contravention of this Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed required to have terminated if she: (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless serve a satisfactory reason is given to the Employer; (f) is absent from scheduled work for a period of three (3) or more consecutive working days without notifying month trial period as provided under Section 12 a) of this Article. f) Grievances concerning layoffs and recall shall be initiated at Step 2 of the Employer unless such notice was Grievance Procedure. g) Volunteers will not reasonably possiblebe scheduled to perform work normally carried out by regular union staff. Other employee groups will not perform work normally carried out by regular union staff. The use of volunteers shall not result in: i) layoff of employees as defined in Article 21, Section 1 d); (gii) fails failure to return recall laid-off employees who retain recall rights; iii) failure to work (subject to the provisions of 9.04 (f)) upon termination of call a substitute or casual employee for an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partiesassignment. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

JOB SECURITY. 9.01 Seniority (a) 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 be defined as length given to the Union and the employees affected. At the request of service with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for 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 accumulate thereafterrequest voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with this agreement. Seniority for 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 three (3) weeks of notice, to bump employees with less seniority. Full-time employees may bump other full-time employees or part-time nurses 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 less seniority in the same classification or those with less seniority in a classification in which they are, in the opinion of the Employer, competent to perform the work. Employees shall be based on paid hours accumulated since date permitted a trial period of last hirethirty (30) days to demonstrate their competence to perform the job they claim. It 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 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 recognized that 1500 paid hours equals 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 full-service to a maximum of eighteen (18) months, at which time service. 9.02 The probationary period for all newly hired nurses they shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing revert to the appraisal which shall become part highest rate of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisaltheir new classification. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses 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 continue that list. A laid-off employee may refuse to accept temporary work without his or return her recall rights being affected, and a laid-off full-time employee may refuse to accept part-time work during an emergency which seriously affects 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 Employer’s ability to provide adequate patient care, unless a satisfactory reason recall list when their seniority is given to the Employer;lost as outlined in Article 18(b). (f) During a layoff, seniority will be frozen. If the employee is absent from scheduled work 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 a the period of three (3) he or more consecutive working days without notifying she is on the Employer unless such notice was not reasonably possible;list. (g) fails to return to work (subject Notice of recall shall be sent to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying employee by registered mail, with a copy to the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which Union office at the leave was granted;same time by registered mail. (h) fails upon being notified Except in the case of a recall to signify her intention to return within ten (10) calendar days after she has received change in classification, there shall be no pay cuts for any employee during the notice term of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partiesthis collective agreement. (i) when in receipt of WSIB as the result of injury For employees who have completed their probationary period, there shall be no discipline, suspension or illness incurred while in the employment of the Employer dismissal except for the period in excess of thirty-six (36) months, just and there is no reasonable likelihood the employee will return to work within the foreseeable future;sufficient cause. (j) when 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 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 illness absence not paid by the employer 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 a period in excess of thirty-six (36) months, and there is job vacancies within the bargaining unit. Where no reasonable likelihood 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 no change in an employee's job status (full-time/part-time) without the employee's consent. The Employer shall make a reasonable effort not to transfer an employee against his or her wishes to another classification. (m) No employee will return to work within be laid off as a direct result of the foreseeable future;increased use of freelancers.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

JOB SECURITY. 9.01 Seniority shall be defined as length of service with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for the Employer and will accumulate thereafter. Seniority for part-time nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of full-time service. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 14.01 The Employer will keep up shall retain the responsibility and the right to date seniority lists for full-time and part-time nurses, and post determine the same in a conspicuous place, and supply copies of the current list to the Association twice a yearmethods through which municipal services are provided. However, in the months event that an employee is displaced from his/her job by technological change and/or the contracting out of January and Julywork and/or is given notice of lay-off, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed exercising the right to have terminated if shebump in accordance with Article 15.03, the Corporation will first attempt to: (a) resigns voluntarily;Reassign the employee in another job in his/her area of competency if such is available within the Corporation. (b) retires or is retired; If (ca) is discharged and not possible, but a position is available for which the discharge is not reversed through employee could be retrained, assume responsibility for the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects retraining of the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (f) is absent from scheduled work employee for a period of three (3) months. (c) Notwithstanding the foregoing, the Employer will, upon consultation with the Union, offer an employee a separation package in lieu of reassignment or more consecutive layoff in which case such employee shall be provided with up to eight (8) weeks advance notice, or pay in lieu thereof, at the discretion of the employer, and an additional three (3) weeks’ salary per year of service, to a cumulative maximum of thirty-five (35) weeks including both severance and notice period. (d) In the event the Employer “sells” a business or ceases to provide a service, the Employer will make every effort to deploy the affected employees with the new service provider, should one exist. (e) In the event the right to displace (bump) in accordance with Article 15.03 provides the employee with an opportunity of a wage rate that is greater than the options under (a) and (b) above, the employee shall retain that right at his/her options, to be decided upon within two (2) working days without notifying of receipt of option. 14.02 Notwithstanding the foregoing, no employee hired prior to January 1st, 2008 shall be laid- off. 14.03 Should there be an introduction of new equipment or technology and advance training is necessary to meet the technological changes, the Employer unless will provide such notice was not reasonably possible; (g) training for affected employees. In the event an employee fails to return meet the required standards within a period of three (3) months, the employee shall be given layoff notice and may exercise his/her rights in accordance with Article 15. 14.04 The Employer reserves the right to work (subject transfer employees to other duties and agrees that an employee moved from one position to another shall have the provisions of 9.04 (f)) upon termination of first preference to go back to their former position before any new employee is hired or moved into that same position. Relocation to a different job site is not considered a transfer. Should an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence employee be transferred to another position for purposes other more than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received days, the notice of recall mailed by registered mail Union shall be notified. In those cases where an employee is to the last known address according be transferred to the records of the Employer to report to work within twenty other duties for greater than four (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the parties. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (364) months, and there is no reasonable likelihood the employee will return transfer(s) shall be offered in order of seniority to work within the foreseeable future; (jaffected group of employees. In the event the required numbers are not achieved, the employee(s) when on illness absence not paid by shall be transferred in reverse order of seniority. In the employer for a period event the assignment ends prior to its anticipated date, the employee(s) shall be returned in excess order of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;seniority.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

JOB SECURITY. 9.01 Seniority (a) Termination notice shall be defined as length one week for each year of service with the Employer since date up to a maximum of last hire eight (8) and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for the Employer and will accumulate thereafter. Seniority for part-time nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of full-time service. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which Employee with a copy to the union, and shall become part give the reason for termination. If the Employer terminates an employee without notice, the Employer will provide pay in lieu of her record not notice based upon one week of pay, (including weekly commission averaged over the previous twelve (12) months) for each year of service, to be used in contravention a maximum of Article 10.01eight (8). The employer will develop When it is determined by the Employer that a learning plan with the employee to assist the employee in correcting and developing the skill needs identified reduction in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nursesworkforce is necessary, and post the same in a conspicuous place, and supply copies of the current list not less than three weeks notice shall be given to the Association twice a year, in union and the months of January and July, and prior to any layoffemployees affected. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily; (b) retires or is retired;At the request of either party the Employer and the Union shall meet during the notice period to discuss possible alternative s to the layoff. (c) Whenever the Employer decides that it is discharged 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 discharge is not reversed through work required and that the grievance or arbitration procedure;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) has Employees will be recalled to work in the reverse order from that in which they have been laid off off, provided they are qualified for twenty-four (24) calendar months;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 to advise the employee of such recall in writing with a copy of the notice to the union. (e) refuses The Employer will accept voluntary layoffs from other employees in the classification(s) involved in lieu of those identified to continue be laid off provided those remaining are qualified and able to perform the work or return to work during an emergency which seriously affects required. The Employer will have the Employer’s sole ability to provide adequate patient care, unless a satisfactory reason either accept or reject the request for voluntary resignations. It is given to understood that those who voluntarily resign will thereby wave their recall rights. The number of layoffs will be reduced by the Employer;number of voluntary resignations from the classification. (f) is absent Any employee who refuses a position in the classification from scheduled which laid off automatically terminates any claim to further employment by the employer except that a full-time employee may refuse work for of a period of three temporary nature. (3) Two months or more consecutive working days without notifying the Employer unless such notice was not reasonably possible;less). Without affecting their recall rights. (g) fails During a layoff, seniority will be frozen. If the employee is recalled to return to work (subject regular employment, seniority will be restored to the provisions frozen level. An employee on the recall list shall have the option of 9.04 (f)) upon termination of an authorized leave of absence without notifying buying his/her medical benefits for the Employer unless such notice was not reasonably possible period he or utilizes a leave of absence for purposes other than that for which she is on the leave was granted;list. (h) fails upon being Notice of recall may be done by telephone; if the employee is not available by telephone, notice will be sent by registered mail. The union will be notified of a the recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partiesmail. (i) when in receipt of WSIB as the result of injury or illness incurred while Except in the employment case of a change in classification, there shall be no pay cuts for any employee during the Employer for the period in excess term of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;this collective agreement. (j) when on illness absence not paid by the employer For employees who have completed their probationary period, there shall be no discipline, suspension or dismissal except for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;just cause.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

JOB SECURITY. 9.01 Seniority shall A. Bargaining Unit Member Performance and Non-Renewal 1. In the event that the Superintendent of Schools decides that the subject bargaining unit member either may not or will not be defined as length of service recommended for a new contract, such 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 Superintendent will schedule a private conference with the Employer since date bargaining unit member and his/her representative to give notice of last hire and will accrue when a nurse has completed his/her probationary periodintentions. Such seniority will date from In the first day course of that a nurse actually started work in conference, the current continuous service for bargaining unit member may be accompanied by any staff member or association representative of his or her choice, may review with the Employer and will accumulate thereafter. Seniority for part-time nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of full-time serviceSuperintendent the entire matter. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours)2. A 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 appraisal notice with specific reasons describing the circumstances that led to the Notice of employee progress Intent Not To Renew will be conducted after the twentieth (20) issued and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing delivered to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies member on or before June 1 of the current list to the Association twice a school year, in the months . This notice shall be by certified mail. Said written notice of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and non-renewal shall be deemed to have terminated been sent in a timely manner if she:posted as certified mail to the member’s last known address by the June 1 deadline. (a) resigns voluntarily; (b) retires or is retired; (c) is discharged 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 discharge is not reversed through 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 or arbitration procedure;. (d) has been laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (f) is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Employer unless such notice was not reasonably possible; (g) fails to return to work (subject to 4. The parties hereby agree that the provisions of 9.04 (f)) upon termination this section supersede all applicable sections of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall Ohio law relating to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partiescontract non-renewals. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

JOB SECURITY. 9.01 Seniority a) Both parties recognize that job security shall increase in proportion to length of service. In the event of a layoff, the Board shall notify incumbent employees and the Union when their position shall be defined as length subject to layoff. Employees so notified can then exercise their seniority rights to bump other employees with less seniority. An employee about to be laid off may bump any employee with less seniority, provided the employee exercising the right is qualified, in accordance with Article 21, Section 6 (Seniority), to perform the duties of service the position held by the less 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, Section 6 (Seniority). Accordingly, at the Employer since date time of last hire layoff, an employee shall indicate in writing those areas in which the employee is qualified and will accrue when a nurse has completed her probationary periodwishes to be considered for casual/substitute work. Such seniority will date from the first day that a nurse actually started An employee may change those areas in which they wish to be considered for casual/substitute work in the current continuous service for event that they are qualified. b) It is not the Employer intent of these layoff and will accumulate thereafter. Seniority for part-time nurses recall procedures that regular 10 month employees are allowed to bump other employees during normal school closures. c) The bumping procedure shall be based on paid hours accumulated since date of last hire. undertaken in such a way that an orderly process is ensured. d) It is recognized mutually agreed that 1500 paid hours equals one (1) year the movement of full-time serviceemployees 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 job creation shall be posted. 9.02 The e) If, as the result of a layoff, an employee wishes to exercise seniority to move to a position which the employee has not previously held and served the required probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after or trial period, the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing furnish proof of qualifications acceptable to the appraisal which shall become part Board as provided under Section 7 a) of her record not to be used in contravention of this Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed required to have terminated if she: (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless serve a satisfactory reason is given to the Employer; (f) is absent from scheduled work for a period of three (3) or more consecutive working days without notifying month trial period as provided under Section 12 a) of this Article. f) Grievances concerning layoffs and recall shall be initiated at Step 2 of the Employer unless such notice was Grievance Procedure. g) Volunteers will not reasonably possiblebe scheduled to perform work normally carried out by regular union staff. Other employee groups will not perform work normally carried out by regular union staff. The use of volunteers shall not result in: i) layoff of employees as defined in Article 21, Section 1 d); (gii) fails failure to return recall laid-off employees who retain recall rights; iii) failure to work (subject to the provisions of 9.04 (f)) upon termination of call a substitute or casual employee for an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partiesassignment. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

JOB SECURITY. 9.01 Seniority shall 11.01 No Employee will be defined laid off or have a reduction in assignment as length a direct result of service the use of volunteers, apprenticeships, co-op students, tutoring programs, practicum students, workfare, or partnerships with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for the Employer and will accumulate thereafter. Seniority for part-time nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of full-time servicecommunity agencies. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress 11.02 No persons including students or government project Employees will be conducted after hired until Employees on lay-off have been given an opportunity to work through recall procedure, provided each has the twentieth (20) necessary skill, ability and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands qualifications to do the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisalwork available. 9.03 The Employer 11.03 No new Employees will keep up to date seniority lists for fullbe hired as long as there are qualified Bargaining Unit members on lay-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoffoff. 9.04 A nurse 11.04 In the event that the Thames Valley District School Board shall lose all service and seniority and shall be deemed merge, amalgamate or combine any of its operations or functions with another Board of Education, the Board will use its best efforts to have terminated if sheensure that: (a) resigns voluntarily;Bargaining Unit Employees shall be credited with all seniority rights with the new Employer. (b) retires or is retiredAll service credits relating to vacation with pay, sick leave credits, pensionable service and other benefits shall be recognized by the new Employer; (c) is discharged Conditions of employment and wage rates with the discharge is not reversed through the grievance or arbitration procedurenew Employer shall be at least equal to those contained in this Collective Agreement; (d) has been laid off for twenty-four (24No Employee(s) calendar monthsshall suffer a loss of employment as a result of the merger; (e) refuses to continue to work or return to work during an emergency which seriously affects Preference in location in the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to merged Board shall be on the Employer;basis of seniority; and (f) is absent It will solicit input from scheduled 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. 11.05 Employees whose jobs are not in the Bargaining Unit shall not perform any Bargaining Unit work for a period of three (3) or more consecutive working days without notifying while Employees qualified to perform the Employer unless available work are on lay off, nor shall such notice was not reasonably possible; (g) fails to return to work (subject Employees be utilized to the provisions extent that it causes the lay- off or reduction in hours of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partiesBargaining Unit members. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

JOB SECURITY. 9.01 Seniority 10.01 There shall be defined no contracting out of bargaining unit work. 10.02 In the event the Employer determines that layoff(s) are required, the following will apply. The Employer will advise the Union in writing and the parties shall meet as length soon as is possible for the sole purpose of service exploring process and/or options to reduce or avoid layoffs a) In the event of layoff, permanent employees shall be laid off in reverse order of their seniority within their job classification provided that the remaining jobs continue to be filled with qualified employees. b) Lay-offs may be based on criteria other than seniority where the Union consents to the particular lay-off. c) An employee who is subject to a lay-off will have five (5) days to decide whether they may displace any employee who is lower on the seniority list or any list which may be established in accordance with b) above and to inform the Employer of their decision. d) Employees must be recalled in reverse order of their layoff, provided they meet the qualifications for the job, or can do so within a reasonable familiarization period, unless the Union otherwise consents. No new employees may be hired until those laid off have been given a reasonable opportunity of recall in accordance with Clause d) above as the case may be. If the employee turns down the opportunity to be recalled within fourteen (14) days of receiving a written recall notice, the employee is deemed to be terminated, unless the employee asks to continue on lay-off status and has reasonable cause for rejecting the opportunity of recall. Regular employees will be given notice of layoff or pay in lieu of notice as follows: 10.03 Persons whose jobs are not in the bargaining unit shall not work on any jobs included in the bargaining unit unless other staff is unavailable, or there is an emergency. 10.04 No employee shall be required or permitted to make a written or verbal agreement with the Employer since date which may conflict with the terms of last hire this Agreement. 10.05 All rights, benefits, privileges and will accrue when a nurse has completed her probationary period. Such seniority will date from working conditions of the first day that a nurse actually started work in employees at the current continuous service for time of certification shall continue so long as they are not inconsistent with this Agreement, but may be changed by mutual consent of the Employer and will accumulate thereafter. Seniority for part-time nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of full-time servicethe Union. 9.02 10.06 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee Employer may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee use volunteers to assist the employee bargaining unit employees in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nursescarrying out their duties, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (f) is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Employer unless such notice was not reasonably possible; (g) fails to return to work (subject to the provisions of 9.04 (f)following conditions: a) upon termination of an authorized leave of absence without notifying the Employer unless such notice was volunteers shall not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was grantedbe used to replace bargaining unit employees; (hb) fails upon being notified volunteers can only offer and provide services which are not in the job descriptions of a recall to signify her intention to return within ten (10bargaining unit employees; and c) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records prior approval of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partiesUnion when volunteer activity is anticipated. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

JOB SECURITY. 9.01 Seniority 26.01 In the event of a layoff, employees other than probationary and temporary employees shall be defined receive notice or pay in lieu of such as length of service with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for the Employer and will accumulate thereafter. Seniority for part-time nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of full-time service. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if shefollows: (a) resigns voluntarily;Two (2) weeks’ notice for layoff of up to eight (8) weeks. (b) retires Four (4) weeks’notice for layoff of more than eight (8) weeks A layoff shall be any reduction in the work force, or any permanent reduction of an employee’s normal hours of work due to lack of work. 26.02 When a layoff becomes necessary, employees will be laid off in reverse order of seniority within their occupational classification, subject only to more senior employees being qualified, competent and willing to perform the required work. 26.03 In the event of the deletion of an occupied position, as much notice as possible shall be given to the incumbent. 26.04 An employee whose position is retired;being deleted in accordance with Article 26.03, or who is being laid off in accordance with Article 26.02 will be entitled to exercise seniority rights, subject to her being qualified, competent and willing to perform the required work, to displace a less senior employee in an equal or lower occupational classification. Any employee thus displaced shall be entitled to a like exercise of seniority rights, with the employee or employees who are finally displaced by the exercise of this subsection being considered laid off, and subject to recall as outlined below. 26.05 An employee who is demoted due to a reason other than unsatisfactory performance shall continue to be paid her current basic salary until the rate for the classification to which she was demoted exceeds her current rate. The application of this provision as it relates to the layoff/recall procedure shall be limited to a three (c3) is discharged year period from the date the employee assumes a position in a lower paid classification or until the salary scale of the lower position reaches her level of salary whichever occurs first. 26.06 An employee who exercises her seniority rights shall be entitled to a four (4) week familiarization period. In the event that the employee cannot function effectively in the position at the conclusion of the familiarization period, she shall be placed directly onto layoff status and the discharge person originally displaced from the position shall, if not yet recalled, be returned to the position. 26.07 To qualify for recall, it shall be the responsibility of the employee to keep the Employer informed in writing of her current address and phone number. 26.08 Employees on layoff are to be recalled in order of seniority to available positions in equal or lower paid occupational classifications, to a maximum of their E.F.T. at the time of layoff, subject to their being qualified and competent to perform the work. Such right to recall shall be exercised before an employee is not reversed through hired or any other less senior employee is hired into such position. 26.09 Such recall shall be made by registered mail, and shall provide for two (2) weeks notice to report back to work. The employee is required to contact the grievance or arbitration procedure; Employer within one (d1) has been laid off for twenty-four (24) calendar months; (e) refuses week of such notice, confirming her intention to continue to work or return to work during an emergency as scheduled. An employee who declines to return to a position comparable to that held prior to layoff, without reasonable cause shall be considered terminated. 26.10 An employee recalled to work in a different department, or different classification from which seriously affects she was laid off shall have the Employer’s ability right to provide adequate patient care, unless a satisfactory reason is given return to the Employer;position she held prior to the layoff should it become vacant within one(1) year of being called back and such vacancy shall not be subject to the job posting procedure. 26.11 Technological change shall mean the introduction by the Employer into his work, undertaking or business of equipment or material of a different nature or kind than that previously used by him in the operation of the work undertaking or business, and a change in the manner in which the Employer carries on the work, undertaking or business that is directly related to the introduction of that equipment or material. In the event of a technological change which will displace or affect the classification of employees in the bargaining unit: a) The Employer shall notify the Union at least one hundred and twenty (f120) calendar days before the introduction of any technological change, with a detailed description of the project it intends to carry out, disclosing all foreseeable effects and repercussion on employees. b) The negotiations of the effects of technological change will take place not later than ninety (90) days prior to the intended date of implementation. c) If the Union and the Employer fail to agree upon measures to protect the employees from and adverse effects, the matter may be referred by either party to arbitration as provided for under the terms of this Agreement. 26.12 An employee who is absent displaced from scheduled work his or her job as a result of technological change shall be given an opportunity to fill any vacancy for which he or she has seniority and for which she has competency and the qualifications to perform. If there is no vacancy, she shall have the right to displace employees with less seniority, in accordance with the layoff procedures specified in this Agreement. 26.13 Where new or greater skills are required than are already possessed by affected employees under the present method of operations, such employees shall, at the expense of the Employer be given a training period during which they may acquire the skills necessitated by the new method of operation. There shall be no reduction in wage or salary rates during the training period of any such employee. 26.14 a) If the Employer sub-contracts work or introduces technological change which results in the displacement of a number of employees, the Employer shall guarantee alternate employment to all employees with three (3) or more consecutive working days without notifying years of continuous service with the Employer unless such notice was not reasonably possible; (g) fails to return to work (subject to Employer. Where the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified alternative employment is of a recall lower paying classification, the employee shall continue to signify her intention to return within ten (10) calendar days after she has received receive the notice of recall mailed by registered mail to the last known address according to the records salary of the Employer to report to work within twenty (20) calendar days after she has received higher paid classification until the notice of recall or such further period of time as may be agreed upon by the parties. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment salary of the Employer for lower paid classification passes that of the higher classification. The application of this provision shall be limited to a three (3) year period in excess of thirty-six (36) months, and there is no reasonable likelihood from the date the employee will return to work within assumes a position in a lower paid classification or until the foreseeable future; (j) when on illness absence not paid by salary scale of the employer for a period in excess lower position reaches her level of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;salary whichever occurs first.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority 15.01 It is understood that an employee shall not be defined as length of service with transferred by the Employer since date of last hire and will accrue when to a nurse has completed position outside the bargaining unit without his/her probationary period. Such seniority will date from the first day that a nurse actually started work consent except in the current continuous service for the Employer and will accumulate thereafter. Seniority for part-time nurses shall be based on paid hours accumulated since date case of last hire. It is recognized that 1500 paid hours equals one a temporary assignment not exceeding six (16) year of full-time servicemonths. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily;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) retires 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 retired;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 discharged and temporarily transferred out of the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (f) is absent from scheduled work bargaining unit for a period of three (3) specific term or more consecutive working days without notifying the Employer unless such notice was not reasonably possible; (g) fails to return to work (subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other task greater than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the parties. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (366) months but not more than eighteen (18) months, and there is no reasonable likelihood he/she shall retain, but not accumulate his/her seniority held at the time of transfer. In the event the employee will 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 work within the foreseeable future;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. (j) when on illness absence 15.02 Employees not paid covered by the employer 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 usually performed by Members of this bargaining unit if as a period in excess result of thirty-six (36) monthssuch contracting out, and a layoff of any employees follows. The Employer will not utilize agency staff where there is no reasonable likelihood the employee will return are qualified employees available to work within the foreseeable future;work.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority (i) When it is determined by the Employer that a reduction in the work force is necessary, not less than six (6) calendar weeks notice shall be defined as length given to the Union and the employees affected. The notice to the Union shall specify the job classification(s) and the number of service with employees involved. At the Employer since date request of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for either party, the Employer and the Union shall meet during the notice period to discuss possible alternatives to the layoff and the employer shall consider any reasonable alternative put forth by the union before reducing the workforce. Employees shall be laid off in reverse order of seniority in each classification provided those remaining are qualified to perform the work required. It is agreed that any layoffs in the Multi Media Journalist classification shall be done strictly by seniority. (ii) During the notice period specified in Article 16(a)(i) above, the Employer shall consider voluntary resignations or job sharing requests from employees in the classifications involved. If a voluntary resignation is accepted, such employees shall receive severance pay outlined in Article 17. The number of employees to be laid off shall be reduced accordingly. It is understood that employees voluntarily resigning will accumulate thereafterthereby waive their rights to recall. b) If there is a layoff, the employee(s) affected may choose, in order of seniority, within two (2) weeks of notice, to bump employees with less seniority. Seniority for Full-time employees may bump other full-time employees or part- time employees; and part- time employees may bump other part-time nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of employees or full-time serviceemployees 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 where they have demonstrated their ability to competently perform the work required. An employee who chooses not to bump shall receive severance pay in accordance with this agreement. 9.02 The probationary period for all newly hired nurses c) An employee displaced under clause (b) above may elect under the same criteria, within two weeks, to bump into another classification in which he/she is competent to perform the work. d) Notwithstanding any other clause in this article, an employee who bumps into a lower classification shall be fortypaid 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-five (45) worked tours (480 hours)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 written appraisal of employee progress will be conducted after the twentieth (20) and thirtylaid-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The off employee may respond in writing refuse to the appraisal which shall become part of accept temporary work without his or her record not to be used in contravention of Article 10.01. The employer will develop recall rights being affected, and a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for laid-off full-time and employee may refuse to accept part- time work without his or her recall rights being affected. A laid off part-time nursesemployee 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, and post seniority will be frozen. If the same in a conspicuous placeemployee is recalled to regular employment, and supply copies of the current list seniority will be restored to the Association twice a year, in frozen level. An employee on the months recall list shall have the option of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: buying group life insurance (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (f) is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Employer unless such notice was not reasonably possible; (gmonths only) fails to return to work (subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the parties. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer and medical and dental benefits for the period in excess he/she is on the list. g) Notice of thirty-six (36) months, and there is no reasonable likelihood recall shall be sent to the employee will return by registered mail, with a copy to work 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 rate reductions 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 to use new technology and methods in their work. k) The Employer shall notify the Union at least six weeks 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 foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is bargaining unit. Where no reasonable likelihood job vacancies exist or where the employee will return cannot be retrained within a reasonable period of time, the Employer may lay off staff in accordance with this article. l) In the event that the Employer creates a new bargaining unit job classification, the Union and the Employer agree to work within negotiate the foreseeable future;wage rate for the new job classification. Where agreement cannot be reached the issue of the wage rate shall be referred to the grievance and arbitration procedure.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority a) 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 be defined as length given to the Union and the employees affected. At the request of service with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for 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 accumulate thereafterrequest voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with this agreement. Seniority for 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 nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of employees and part-time employees may bump other part-time employees or full-time serviceemployees 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. 9.02 The probationary period for all newly hired nurses shall be forty-five c) An employee displaced under clause (45b) worked tours above may similarly elect within seven (480 hours). A written appraisal 7) working days to bump the employee with the lowest seniority in another classification in which the employee is, in the opinion of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked toursEmployer, competent to perform the work. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part also be permitted a trial period of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (f) is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Employer unless such notice was not reasonably possible; (g) fails to return to work (subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the parties. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority shall be defined as length of service with (a) Subject to the Employer since date of last hire provisions below, the Company will not contract work normally performed at the Plant by employees covered by this Agreement if the necessary equipment and will accrue when a nurse has completed her probationary period. Such seniority will date from qualified employees are available within the first day that a nurse actually started Plant to properly perform such work in the current continuous service 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 Employer 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 accumulate thereafter. Seniority for part-time nurses 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 based on paid hours accumulated since date of last hireone less than the bargaining unit maintenance complement. It is recognized further understood that 1500 paid hours equals one short term increases in the contract maintenance complement for specific projects are covered under 15.01 (1) year of full-time servicea)(ii). 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress 15.02 SUPERVISORS DOING WORK - Supervisors will be conducted after not do work assigned to employees covered by the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified classifications in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if sheCollective Bargaining Agreement except: (a) resigns voluntarilyin emergencies; (b) retires or is retiredin the instruction of employees; (c) in the experimental work and performance tests which require special techniques and knowledge. (a) The Company shall notify the Union six months in advance of intent to: (i) institute changes in working methods or facilities, (ii) close or partially close the plant, or (iii) permanently reduce the workforce if such action will result in the layoff or termination of any employee covered by this Collective Agreement. Such notice shall be in writing and state: (i) the nature of the technological change (ii) the effective date of the change (iii) the approximate number of employees to be affected by the change (iv) the effect the change is discharged likely to have on the terms and conditions or security of employment of the discharge 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 Article by the parties may be referred for resolution under the relevant section of the Canada Labour Code. (b) The Company agrees to participate in training and retraining any employee laid off. (c) Any employee covered by this collective agreement who is laid off, or terminated, under the terms of this Article shall be 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 reversed through 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 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 grievance or arbitration procedure;employee with the greatest flexibility in the payment of severance pay. (d) has been laid off In the event an employee is downgraded due to a change in the working methods or facilities, 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 twenty-four the classification in which they are placed equals the protected rate; (24ii) calendar months;Employees who are placed outside their line of progression will have their existing rate protected . (e) refuses To qualify for rate protection, employees must: (i) Successfully complete any training/retraining program to continue which they are assigned; (ii) Perform work to work or which they are assigned and qualified to perform; (iii) Use normal bidding procedures, wherever available, to return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer;equal or better than their former classification. (f) Employees transferring to another Westcoast Energy Inc. plant (which is absent from scheduled work certified by the Communications, Energy and Paperworkers' Union) due to a plant closure, partial plant closure or change of methods or facilities, will be entitled to rate protection in accordance with the above sections (d) and (e). It is further understood the protected rate for a period their classification will be no greater than the corresponding classification of three the new location. 15.04 Any employee covered by this Agreement who is terminated due to Plant Closure, partial Plant closure or workforce reduction shall be given six (36) or more consecutive working days without notifying the Employer unless such notice was not reasonably possible; (g) fails to return to work (subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the months' notice of recall mailed by registered mail such termination. It is agreed that this notice period will apply to the last known address according all affected employees collectively. Such notice will be provided to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partieseach affected employee individually. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;

Appears in 1 contract

Samples: Collective Bargaining Agreement

JOB SECURITY. 9.01 Seniority a) 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 be defined as length given to the Union and the employees affected. At the request of service with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for 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 accumulate thereafterrequest voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with this agreement. Seniority for 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 nurses 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 based on paid hours accumulated since date permitted a trial period of last hireup to thirty (30) days to demonstrate their competence to perform the job they claim. It 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 recognized that 1500 paid hours equals 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 service. 9.02 The probationary period for all newly hired nurses shall be fortyemployee may refuse to accept part-five (45) worked tours (480 hours)time work without his or her recall rights being affected. A written appraisal of employee progress will be conducted after the twentieth (20) and thirtylaid-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The off part-time employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for refuse full-time and partwork without his or her recall rights being affected. Laid-time nursesoff employees shall be removed from the recall list when their seniority is lost as outlined in Article 18(b). f) During a layoff, and post 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 in a conspicuous place, and supply copies of the current list to the Association twice a year, time by registered mail. h) Except in the months case of January and Julya change in classification, and prior to there shall be no pay cuts for any layoffemployee during the term of this collective agreement. 9.04 A nurse shall lose all service and seniority and i) For employees who have completed their probationary period, there shall be deemed to have terminated if she:no discipline, suspension or dismissal except for just and sufficient cause. (aj) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects Employees shall be trained at the Employer’s ability 's expense during working hours to provide adequate patient care, unless a satisfactory reason is given to use new technology and methods in their work. k) The Employer shall notify the Employer; (f) is absent from scheduled work for a period of Union at least three (3) months in advance of the introduction of major changes in equipment or more consecutive working days without notifying 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 unless such notice was shall offer, to affected employees, retraining for job vacancies within the bargaining unit. Where no job vacancies exist or where the employee cannot reasonably possible; (g) fails to return to work (subject to the provisions be retrained within a reasonable period of 9.04 (f)) upon termination of an authorized leave of absence without notifying time, the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partieslayoff staff in accordance with this article. l) There shall be no change in an employee's job status (ifull-time/part-time) when in receipt of WSIB as without the result of injury employee's consent. The Employer shall make a reasonable effort not to transfer an employee against his or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return her wishes to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;another classification.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority (a) There shall be defined as length no dismissal of service with employees who have successfully completed their probationary period except for just and sufficient cause. (b) When it is determined by the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work reduction in the current continuous service for work force is necessary, not less than three (3) calendar weeks’ notice shall be given to the Union and the employees affected. The notice to the Union shall specify the job classification(s) and the number of employees involved. At the request of either party, the Employer and will accumulate thereafterthe Union shall meet during the notice period to discuss possible alternatives to the layoff. Seniority for Employees shall be laid off in reverse order of seniority provided those remaining are qualified to perform the work required. (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 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 nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of full-time service. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time employees and part-time nurses, and post 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 conspicuous place, and supply copies of classification in which they are competent to perform the current list work. An employee who chooses not to the Association twice a year, bump shall receive severance pay in the months of January and July, and prior to any layoffaccordance with this agreement. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses An employee displaced under clause (d) above may elect under the same criteria to continue bump into another classification in which he/she is competent to work or return to work during an emergency which seriously affects perform the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer;work. The entire bumping process as outlined in these clauses (d) and (e) will not exceed four (4) weeks. (f) is absent from scheduled work Laid-off employees, those who bumped into lower classifications, or full- time employees who bumped to part-time status, shall be placed on a recall list for a period twelve (12) months [eighteen (18) months for employees with more than five years of three (3) or more consecutive working days without notifying continuous service] in order of seniority and the Employer unless such notice was not reasonably possible;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) fails Employees shall be trained at the Employer’s expense during working hours to return to work (subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted;use new technology and methods required in their work. (h) fails upon being notified of a recall to signify her intention to return within ten The Employer shall notify the Union at least eight (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records 8) weeks in advance of the Employer 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 report to work within twenty discuss the impact of such changes. In the event that such changes require fewer staff, affected employees will be given at least eight (20) calendar days after she has received the 8) weeks notice or eight (8) weeks pay in lieu of recall or such further period of time as may be agreed upon by the partiesnotice. (i) when Notwithstanding any other clause in receipt of WSIB as this Article, an employee who bumps into a lower classification shall be paid the top minimum for that classification. However, where this would result of injury or illness incurred while in a raise in pay, the employment of employee’s salary shall stay the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;same. (j) when on illness absence not paid by the employer for During a period in excess of thirty-six (36) monthslayoff, and there is no reasonable likelihood seniority will be frozen. If the employee is recalled to regular employment, seniority will return be restored to work within the foreseeable future;frozen level. (k) 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. (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 sufficient cause. (n) Employees shall have the right to have a xxxxxxx present at any disciplinary meeting which may result in a suspension or discharge. The Employer shall advise the employee of this right prior to the meeting. Where practical, without unreasonably delaying the meeting, employees may have a xxxxxxx present at any disciplinary meeting which would result in a lesser form of discipline.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority shall be defined as length 69.1 The Employer may lay-off any employee by reason of service with the Employer since date shortage of last hire and will accrue when work or funds, abolition of a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work position or other material change in the current continuous service for organization. Where a lay-off occurs, the Employer identification of a surplus employee and will accumulate thereafter. Seniority for partthe subsequent assignment or lay-time nurses off shall be based on paid hours accumulated since date 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 last hirelayoff 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. It is recognized that 1500 paid hours equals one (1) year 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 service. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and work hours or part-time nurseswork 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 post 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) if no employee in the same in a conspicuous place, and supply copies position has less seniority than the surplus employee the employer will review the position below the class of the current list to the Association twice a yearsurplus employee, in the months 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, such employee will be displaced by the surplus employee provided that the surplus employee is qualified to perform the work of January and Julysuch employee; b) failing displacement under a) the Employer will identify positions in other class series in the Bargaining Unit, in descending order until a positions is found in which an employee with the least seniority in the position, has less seniority than the surplus employee, and prior provided that the surplus employee is qualified to any layoffperform the work of such employee, the surplus employee shall displace that employee. 9.04 A nurse shall lose all service 69.4 Notwithstanding these provisions, alternative arrangements concerning job security which may include re-training may be negotiated between the Employer and seniority the Union and implemented by mutual consent. 69.5 Where a part-time, regular employee chooses to exercise the displacement option s/he must notify the Employer in writing as far in advance as possible 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 employee shall be deemed to have terminated if she:opted to be laid off and thus be laid off. (a) resigns voluntarily; (b) retires or 69.6 A part-time, regular employee who is retired; (c) is discharged laid off and the discharge is not reversed through the grievance or arbitration procedure; (d) who has been laid off employed for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (f) is absent from scheduled work for a period of three (3) months or more consecutive working days without notifying the Employer unless such shall receive notice was not reasonably possible; (g) fails to return to work (subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible in writing or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time pay in lieu thereof as may be agreed upon by the parties. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;follows:

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority (a) 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 be defined as length given to the Union and the employees affected. At the request of service with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for 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 accumulate thereafterrequest voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with this agreement. Seniority for 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 three (3) weeks of notice, to bump employees with less seniority. Full-time employees may bump other full-time employees or part-time nurses 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 less seniority in the same classification or those with less seniority in a classification in which they are, in the opinion of the Employer, competent to perform the work. Employees shall be based on paid hours accumulated since date permitted a trial period of last hirethirty (30) days to demonstrate their competence to perform the job they claim. It 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 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 recognized that 1500 paid hours equals 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 full-service to a maximum of eighteen (18) months, at which time service. 9.02 The probationary period for all newly hired nurses they shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing revert to the appraisal which shall become part highest rate of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisaltheir new classification. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses 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 continue that list. A laid-off employee may refuse to accept temporary work without his or return her recall rights being affected, and a laid-off full-time employee may refuse to accept part-time work during an emergency which seriously affects 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 Employer’s ability to provide adequate patient care, unless a satisfactory reason recall list when their seniority is given to the Employer;lost as outlined in Article 18(b). (f) During a layoff, seniority will be frozen. If the employee is absent from scheduled work 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 a the period of three (3) he or more consecutive working days without notifying she is on the Employer unless such notice was not reasonably possible;list. (g) fails to return to work (subject Notice of recall shall be sent to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying employee by registered mail, with a copy to the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which Union office at the leave was granted;same time by registered mail. (h) fails upon being notified Except in the case of a recall to signify her intention to return within ten (10) calendar days after she has received change in classification, there shall be no pay cuts for any employee during the notice term of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partiesthis collective agreement. (i) when in receipt of WSIB as the result of injury For employees who have completed their probationary period, there shall be no discipline, suspension or illness incurred while in the employment of the Employer dismissal except for the period in excess of thirty-six (36) months, just and there is no reasonable likelihood the employee will return to work within the foreseeable future;sufficient cause. (j) when 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 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 illness absence not paid by the employer 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 a period in excess of thirty-six (36) months, and there is job vacancies within the bargaining unit. Where no reasonable likelihood job vacancies exist or where the employee will return cannot be retrained within a reasonable period of 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 employee's consent. The Employer shall make a reasonable effort not to work within the foreseeable future;transfer an employee against his or her wishes to another classification.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority Where a lay-off may occur by reason of shortage of work or funds or the abolition of a position or other material change in organization, the identification of a surplus employee in the Centre and the subsequent assignment, displacement or lay-off shall be defined as length in accordance with seniority subject to the conditions set out in this Article. Where an employee is identifiedas surplus they shall be assigned on the basis of service with the Employer since date of last hire and will accrue when their seniority to a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work vacancy in the Centre within a forty (40) kilometre radius of their headquartersprovided they are qualifiedto perform the work and the salary maximum of the vacancy is not greater than five percent (5%) above nor twenty percent (20%) below the maximum salary of their position, as follows: a vacancy which is in the same grade or position as the employee's grade or position; vacancy in a position in which the employee has served during their current term of continuous service for the Employer and will accumulate thereafter. Seniority for part-time nurses shall be based on paid hours accumulated since date of last hireservice; or another vacancy. It is recognized understood that 1500 paid hours equals one (1) year for the purpose of full-time service. 9.02 The probationary period for all newly hired nurses Notice,Tuition Reimbursement and Separation Payments, layoff shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked toursmean a permanent layoff. The employee Employer agrees to notify the Local Union President, as far in advance as possible, but no less than six (6) weeks in advance of the expected date of implementation of a lay-off. Where the employerelects to provide pay in lieu of notice, the employer shall sign give the appraisal indicating that she has read and understands union as much notice as possible. In such circumstances, the contents. The employee may respond in writing to the appraisal which Employer shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan meet with the employee Union through the Relations Committee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if shereview: (a) resigns voluntarily; (b) retires potential alternatives which may include the utilization of other means in order to prevent or is retired; (c) is discharged minimize the effects of the contemplated action; the method of implementation, i.e. bumping rights, and the discharge is not reversed through the grievance or arbitration procedure; (d) has been ways in which laid off for twenty-employees can be assisted to find alternate employment. Employees with fewer than four (244) calendar months; years of service shall be entitled to six (e6) refuses weeks notice or pay in lieu thereof. Employees with four (4) years of service or more shall receive two (2) weeks notice of layoff or pay in lieu thereof per year of service to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given maximum of eighteen (18) weeks. Copies of such notice shall be provided to the Employer; (f) is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Employer unless such notice was not reasonably possible; (g) fails to return to work (Local Union President. Employees subject to the provisions such layoff shall be reimbursed, upon presentation of 9.04 (f)) upon termination appropriate receipts for tuition fees to a maximum of from an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partiesapproved education programme. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority shall be defined as length of service with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for the Employer and will accumulate thereafter. Seniority for part-time nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of full-time service. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily;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 or reduction in regularly scheduled hours (based on their permanent position) occurs. As per Article 17.14 (8) this article does not apply to IF roles. (b) retires or 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 retired;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) is discharged 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 discharge is not reversed through position at the grievance or arbitration procedure; (d) has been time, nor shall an employee be laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless as a satisfactory reason is given to the Employer; (f) is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Employer unless such notice was not reasonably possible; (g) fails to return to work (subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records result of the Employer utilizing the services of volunteers or external personnel. As per Article 17.14(8), this article does not apply to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partiesIF roles. (i) when 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 attained by its employees with the successor employer. The Employer shall invite the Union to participate in receipt of WSIB as the result of injury or illness incurred while 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 employment bargaining unit, unless there are no qualified bargaining unit employees 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 Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;Labour/Management Committee.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority (a) There shall be defined as length no dismissal of service with employees who have successfully completed their probationary period except for just and sufficient cause. (b) When it is determined by the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work reduction in the current continuous service for work force is necessary, not less than three (3) calendar weeks’ notice shall be given to the Union and the employees affected. The notice to the Union shall specify the job classification(s) and the number of employees involved. At the request of either party, the Employer and will accumulate thereafterthe Union shall meet during the notice period to discuss possible alternatives to the layoff. Seniority for Employees shall be laid off in reverse order of seniority provided those remaining are qualified to perform the work required. (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 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 nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of full-time service. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time employees and part-time nurses, and post 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 conspicuous place, and supply copies of classification in which they are competent to perform the current list work. An employee who chooses not to the Association twice a year, bump shall receive severance pay in the months of January and July, and prior to any layoffaccordance with this agreement. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses An employee displaced under clause (d) above may elect under the same criteria to continue bump into another classification in which he/she is competent to work or return to work during an emergency which seriously affects perform the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer;work. The entire bumping process as outlined in these clauses (d) and (e) will not exceed four (4) weeks. (f) is absent from scheduled work Laid-off employees, those who bumped into lower classifications, or full-time employees who bumped to part-time status, shall be placed on a recall list for a period twelve (12) months [eighteen (18) months for employees with more than five years of three (3) or more consecutive working days without notifying continuous service] in order of seniority and the Employer unless such notice was not reasonably possible;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) fails Employees shall be trained at the Employer’s expense during working hours to return to work (subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted;use new technology and methods required in their work. (h) fails upon being notified of a recall to signify her intention to return within ten The Employer shall notify the Union at least eight (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records 8) weeks in advance of the Employer 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 report to work within twenty discuss the impact of such changes. In the event that such changes require fewer staff, affected employees will be given at least eight (20) calendar days after she has received the 8) weeks notice or eight (8) weeks pay in lieu of recall or such further period of time as may be agreed upon by the partiesnotice. (i) when Notwithstanding any other clause in receipt of WSIB as this Article, an employee who bumps into a lower classification shall be paid the top minimum for that classification. However, where this would result of injury or illness incurred while in a raise in pay, the employment of employee’s salary shall stay the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;same. (j) when on illness absence not paid by the employer for During a period in excess of thirty-six (36) monthslayoff, and there is no reasonable likelihood seniority will be frozen. If the employee is recalled to regular employment, seniority will return be restored to work within the foreseeable future;frozen level. (k) 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. (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 sufficient cause. (n) Employees shall have the right to have a xxxxxxx present at any disciplinary meeting which may result in a suspension or discharge. The Employer shall advise the employee of this right prior to the meeting. Where practical, without unreasonably delaying the meeting, employees may have a xxxxxxx present at any disciplinary meeting which would result in a lesser form of discipline.

Appears in 1 contract

Samples: Collective Bargaining Agreement

JOB SECURITY. 9.01 Seniority shall be defined as A. Non-renewal of Limited Teaching Contract (Fair Dismissal) 1. Procedures applicable to all limited regular contract bargaining unit members, regardless of the length of service with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service Bexley City Schools: a. If the Superintendent/designee intends to recommend the non- renewal of a limited teaching contract, the bargaining unit member in question shall be given the reason(s) (see paragraph (2) below) for such a recommendation in writing. The bargaining unit member may be accompanied by a representative of his/her choice at the time the Superintendent/designee submits the reason(s) to the bargaining unit member. b. Bargaining unit members whose limited contracts have been recommended by the Superintendent/designee for non-renewal shall be notified prior to official Board action, of the date when the Board intends to act on the Superintendent/ designee's recommendation. c. If the Board acts not to renew a limited teaching contract which has been recommended for renewal by the Superintendent/designee, the Board shall give the bargaining unit member the written reasons for such action in executive session and the bargaining unit member may be accompanied by a representative of his/her choice in such session. d. If the bargaining unit member referred to in paragraph (c.) is not present at the Board meeting when official action is taken to non- renew the limited teaching contract, the bargaining unit member will, upon request, be given the reason(s) for the Employer and will accumulate thereafterBoard's action in executive session no later than the next regular Board meeting. Seniority for part-time nurses If the bargaining unit member does not attend that meeting, there shall be based no further requirement of the Board to state its reason(s). e. This Article shall not apply to supplemental, extended service or summer school contracts. A bargaining unit member who is hired to replace a bargaining unit member on paid hours accumulated since date a leave of last hire. It is recognized that 1500 paid hours equals one absence of one (1) year of full-time service. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and or less shall be deemed employed only for the length of time stated in the original appointment action of the Board without further Board action or notice, and this Article shall not apply to have such a replacement bargaining unit member. A replacement bargaining unit member may be terminated if she:during the term of the appointment pursuant to ORC 3319. f. A bargaining unit member who is hired to replace a bargaining unit member who resigns or whose position is otherwise vacated on or after July 10 shall be deemed employed only for the length of time stated in the original appointment action of the Board without further Board action or notice, and this Article shall not apply to such a replacement teacher. A replacement teacher may be terminated during the term of the appointment pursuant to ORC 3319.16. g. Paragraph (aA)(1)(f) resigns voluntarily; (b) retires or is retired; (c) is discharged and does not prohibit the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses Board of Education from issuing a limited regular contract to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (f) is absent from scheduled work bargaining unit members hired for a period of three (3) position which becomes available on or more consecutive working days without notifying the Employer unless such notice was not reasonably possible; (g) fails to return to work (subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (after July 10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the parties. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return paragraph (A)(1)(f) shall not apply to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;such bargaining unit members.

Appears in 1 contract

Samples: Master Agreement

JOB SECURITY. 9.01 Seniority shall be defined as A. Non-renewal of Limited Teaching Contract (Fair Dismissal)‌ 1. Procedures applicable to all limited regular contract bargaining unit members, regardless of the length of service with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service Bexley City Schools: a. If the Superintendent/designee intends to recommend the non- renewal of a limited teaching contract, the bargaining unit member in question shall be given the reason(s) (see paragraph (2) below) for such a recommendation in writing. The bargaining unit member may be accompanied by a representative of their choice at the time the Superintendent/designee submits the reason(s) to the bargaining unit member. b. Bargaining unit members whose limited contracts have been recommended by the Superintendent/designee for non-renewal shall be notified prior to official Board action, of the date when the Board intends to act on the Superintendent/ designee's recommendation. c. If the Board acts not to renew a limited teaching contract which has been recommended for renewal by the Superintendent/designee, the Board shall give the bargaining unit member the written reasons for such action in executive session and the bargaining unit member may be accompanied by a representative of their choice in such session. d. If the bargaining unit member referred to in paragraph (c.) is not present at the Board meeting when official action is taken to non- renew the limited teaching contract, the bargaining unit member will, upon request, be given the reason(s) for the Employer and will accumulate thereafterBoard's action in executive session no later than the next regular Board meeting. Seniority for part-time nurses If the bargaining unit member does not attend that meeting, there shall be based no further requirement of the Board to state its reason(s). e. This Article shall not apply to supplemental, extended service or summer school contracts. A bargaining unit member who is hired to replace a bargaining unit member on paid hours accumulated since date a leave of last hire. It is recognized that 1500 paid hours equals one absence of one (1) year of full-time service. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and or less shall be deemed employed only for the length of time stated in the original appointment action of the Board without further Board action or notice, and this Article shall not apply to have such a replacement bargaining unit member. A replacement bargaining unit member may be terminated if she:during the term of the appointment pursuant to ORC 3319. (a) f. A bargaining unit member who is hired to replace a bargaining unit member who resigns voluntarily;or whose position is otherwise vacated on or after July 10 shall be deemed employed only for the length of time stated in the original appointment action of the Board without further Board action or notice, and this Article shall not apply to such a replacement teacher. A replacement teacher may be terminated during the term of the appointment pursuant to ORC 3319.16. (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; g. Contracts identified in subparagraphs (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; and (f) above are considered replacement contracts. If the bargaining unit member actually works one hundred and twenty (120) days or more (this is absent not inclusive of any paid or unpaid leave identified in Article V) while on a replacement contract and is reemployed for another year, then the member will move to the second contract in the sequence of contracts identified in Section D of this Article. In all other cases in which the bargaining unit member is reemployed for another year, the member will move to the first contract in the sequence of contracts identified in Section D of the Article. h. Paragraph (A)(1)(f) does not prohibit the Board of Education from scheduled work issuing a limited regular contract to bargaining unit members hired for a period of three (3) position which becomes available on or more consecutive working days without notifying the Employer unless such notice was not reasonably possible; (g) fails to return to work (subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (after July 10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the parties. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return paragraph (A)(1)(f) shall not apply to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;such bargaining unit members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

JOB SECURITY. 9.01 Seniority shall be defined as A. Non-renewal of Limited Teaching Contract (Fair Dismissal) 1. Procedures applicable to all limited regular contract bargaining unit members, regardless of the length of service with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service Bexley City Schools: a. If the Superintendent/designee intends to recommend the non- renewal of a limited teaching contract, the bargaining unit member in question shall be given the reason(s) (see paragraph (2) below) for such a recommendation in writing. The bargaining unit member may be accompanied by a representative of his/her choice at the time the Superintendent/designee submits the reason(s) to the bargaining unit member. b. Bargaining unit members whose limited contracts have been recommended by the Superintendent/designee for non-renewal shall be notified prior to official Board action, of the date when the Board intends to act on the Superintendent/ designee's recommendation. c. If the Board acts not to renew a limited teaching contract which has been recommended for renewal by the Superintendent/designee, the Board shall give the bargaining unit member the written reasons for such action in executive session and the bargaining unit member may be accompanied by a representative of his/her choice in such session. d. If the bargaining unit member referred to in paragraph (c.) is not present at the Board meeting when official action is taken to non- renew the limited teaching contract, the bargaining unit member will, upon request, be given the reason(s) for the Employer and will accumulate thereafterBoard's action in executive session no later than the next regular Board meeting. Seniority for part-time nurses If the bargaining unit member does not attend that meeting, there shall be based no further requirement of the Board to state its reason(s). e. This Article shall not apply to supplemental, extended service or summer school contracts. A bargaining unit member who is hired to replace a bargaining unit member on paid hours accumulated since date a leave of last hire. It is recognized that 1500 paid hours equals one absence of one (1) year of full-time service. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and or less shall be deemed employed only for the length of time stated in the original appointment action of the Board without further Board action or notice, and this Article shall not apply to f. A bargaining unit member who is hired to have replace a bargaining unit member who resigns or whose position is otherwise vacated on or after July 10 shall be deemed employed only for the length of time stated in the original appointment action of the Board without further Board action or notice, and this Article shall not apply to such a replacement teacher. A replacement teacher may be terminated if she:during the term of the appointment pursuant to ORC 3319.16. g. Paragraph (aA)(1)(f) resigns voluntarily; (b) retires or is retired; (c) is discharged and does not prohibit the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses Board of Education from issuing a limited regular contract to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (f) is absent from scheduled work bargaining unit members hired for a period of three (3) position which becomes available on or more consecutive working days without notifying the Employer unless such notice was not reasonably possible; (g) fails to return to work (subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (after July 10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the parties. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return paragraph (A)(1)(f) shall not apply to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;such bargaining unit members.

Appears in 1 contract

Samples: Master Agreement

JOB SECURITY. 9.01 Seniority (i) 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 be defined as length given to the Union and the employees affected. The notice to the Union shall specify the job classification(s) and the number of service with employees involved. At the Employer since date request of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for either party, the Employer and will accumulate thereafterthe Union shall meet during the notice period to discuss possible alternatives to the layoff. Seniority for part-time nurses Employees shall be based on paid hours accumulated since date laid off in reverse order of last hireseniority in each classification provided those remaining are qualified to perform the work required. It is recognized agreed that 1500 paid hours equals one (1) year of full-time serviceany layoffs in the Multi Media Journalist classification shall be done strictly by seniority. 9.02 (ii) During the notice period specified in Article 16(a)(i) above, the Employer shall consider voluntary resignations or job sharing requests from employees in the classifications involved. If a voluntary resignation is accepted, such employees shall receive severance pay outlined in Article 17. The probationary period for all newly hired nurses number of employees to be laid off shall be forty-five (45) worked tours (480 hours)reduced accordingly. A written appraisal of employee progress It is understood that employees voluntarily resigning will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing thereby waive their rights to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisalrecall. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily; (b) retires If there is a layoff, the employee(s) affected may choose, in order of seniority, within two (2) weeks of notice, to bump employees with less seniority. Full-time employees may bump other full-time employees or is retired;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 less seniority in the same classification or those with less seniority in a classification where they have demonstrated their ability to competently perform the work required. 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 elect under the same criteria, within two weeks, to bump into another classification in which he/she is discharged and competent to perform the discharge is not reversed through the grievance or arbitration procedure;work. (d) has been laid off Notwithstanding any other clause in this article, an employee who bumps into a lower classification shall be paid the top minimum for twenty-four (24) calendar months;that classification. However, where this would result in a raise in pay, the employee’s salary shall stay the same. (e) refuses 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 continue that list. A laid-off employee may refuse to accept temporary work without his or return her recall rights being affected, and a laid-off full-time employee may refuse to accept part-time work during an emergency which seriously affects 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 Employer’s ability to provide adequate patient care, unless a satisfactory reason recall list when their seniority is given to the Employer;lost as outlined in Article 18(b). (f) During a layoff, seniority will be frozen. If the employee is absent from scheduled work recalled to regular employment, seniority will be restored to the frozen level. An employee on the recall list shall have the option of buying group life insurance (for a period of three (3) or more consecutive working days without notifying months only) and medical and dental benefits for the Employer unless such notice was not reasonably possible;period he/she is on the list. (g) fails to return to work (subject Notice of recall shall be sent to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying employee by registered mail, with a copy to the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which union office at the leave was granted;same time by registered mail. (h) fails upon being notified Except in the case of a recall to signify her intention to return within ten (10) calendar days after she has received change in classification, there shall be no pay rate reductions for any employee during the notice term of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partiesthis collective agreement. (i) when in receipt of WSIB as the result of injury For employees who have completed their probationary period, there shall be no discipline, suspension or illness incurred while in the employment of the Employer dismissal except for the period in excess of thirty-six (36) months, just and there is no reasonable likelihood the employee will return to work within the foreseeable future;sufficient cause. (j) when Employees shall be trained at the Employer’s expense to use new technology and methods in their work. (k) The Employer shall notify the Union at least six weeks in advance of the introduction of major changes in equipment or technology used by it in its operations. During this period, on illness absence not paid by the employer 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 a period in excess of thirty-six (36) months, and there is job vacancies within the bargaining unit. Where no reasonable likelihood job vacancies exist or where the employee will return cannot be retrained within a reasonable period of time, the Employer may lay off staff in accordance with this article. (l) In the event that the Employer creates a new bargaining unit job classification, the Union and the Employer agree to work within negotiate the foreseeable future;wage rate for the new job classification. Where agreement cannot be reached the issue of the wage rate shall be referred to the grievance and arbitration procedure.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority shall be defined as length The Board agrees that no employee in the bargaining unit will suffer loss of service employment with the Employer since date Board as a result of last hire and any contracting out of work during the lifetime of this Agreement. The Board will accrue when a nurse has completed her probationary periodendeavour to offer temporary employment to recall employees prior to contracting work out. Such seniority will date from In the first day that a nurse actually started event of the Board considering the contracting out of any work normally performed by employees in the current continuous service for bargaining unit, the Employer and matter will accumulate thereafterbe discussed with the Union Committee. Seniority for part-time nurses shall 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 based on paid hours accumulated since date of last hirediscussed 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 recognized understood that 1500 paid hours equals one (1) year 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 full-time service. 9.02 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 on probationary period for all newly hired nurses or permanent staff shall be fortylaid 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-five (45) worked tours (480 hours)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 bargaining unit member. A written appraisal The parties recognize the desirability of employee progress 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 conducted after the twentieth (20) only to further their education and thirty-fourth (34) worked toursnot replace any bargaining unit members. The employee Board shall sign advise the appraisal indicating that she has read and understands the contentsUnion of such placements. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies Any issues arising out of the current list to the Association twice a year, use of volunteers will be dealt with in the months of January and July, and prior to any layoffLabou anagement meetings. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (f) is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Employer unless such notice was not reasonably possible; (g) fails to return to work (subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the parties. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority 1. There shall be defined as no layoff except for good and sufficient cause. The size of the staff deemed necessary by the Publisher shall constitute a good and sufficient cause. The Publisher shall give the Guild and affected employees at least fourteen days’ written notice of a layoff or employees will receive up to fourteen days pay in lieu thereof. The notices shall contain the names of the employees scheduled to be reduced. The determination of what areas or departments and to what extent layoffs are to be carried out are the sole prerogatives of the Employer. 2. The Publisher may offer a voluntary buyout, pursuant to past practice, before layoffs are implemented. If the Publisher offers a buyout, such buyout offer shall constitute lay-off notice to employees in the specified classifications. 3. Employees who are dismissed through a layoff shall be those within each job classification by department with the least amount of bargaining unit seniority, which shall be determined by an employee’s total length of service bargaining unit seniority. Employees with special skill or ability related to listed position competencies may be retained out of seniority order, provided that: a. The Company may make only one out-of-seniority exception per classification for the Employer since date term of last hire this Agreement, except for the classifications of reporter and will accrue when copy editor, as to which the Company may make up to two out-of-seniority exceptions during the term of this Agreement. b. Prior to making an out-of-seniority reduction, the Company must first offer a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work voluntary separation in the current continuous service for the Employer and will accumulate thereafter. Seniority for part-time nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of full-time serviceclassification. 9.02 c. The probationary period for all newly hired nurses Company shall be fortynotify the Guild at least two weeks in advance of its intention to lay off out-five (45) worked tours (480 hours). A written appraisal of of-seniority order, naming the individual and the special skill or ability that justifies the exception. d. An employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing displaced due to the appraisal which above referenced exception shall become part receive 1 week severance pay with Company-provided health insurance for every 6 months of her record service, not to be used in contravention exceed a maximum of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses30 weeks, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed subject to have terminated if she: (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (f) is absent from scheduled work recall for a period of three (3) or more consecutive working days without notifying two years should the Employer unless such notice Company hire in the classification from which the employee was not reasonably possible;displaced. (g) fails to return to work (e. Any dispute arising out of the interpretation and/or implementation of the above layoff language is subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partiesgrievance and arbitration process. (i) when f. Union activity or salary level shall not be a factor in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;these determinations.

Appears in 1 contract

Samples: Collective Bargaining Agreement

JOB SECURITY. 9.01 Seniority shall be defined as length of service with 14.01 The Company will not contract out maintenance work normally performed at the Employer since date of last hire Plant by employees covered by this Agreement, if the necessary equipment and will accrue when a nurse has completed her probationary period. Such seniority will date from qualified employees are available within the first day that a nurse actually started Plant to properly perform the work in the current time required. (a) The Company shall notify the Union six (6) calendar months in advance of any intention to institute changes in working methods or facilities which would involve the termination or lay-off of any employee. (b) The Company, in cooperation with the Government, agrees to participate in training and/or retraining of employees. (c) Employees whose employment is terminated or who are laid off under the provisions of this Article shall be entitled to severance pay in accordance with Clause 14.04. (d) In the event employees are downgraded due to technological changes at the facility, rate protection will be as follows: (i) Employees who remain within their line of promotion/ progression will have their 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 promotion/progression will have their existing rate maintained until the rate for the classification in which they are placed equals the protected rate. To qualify for rate protection employees must: (a) Successfully complete any training/retraining program to which they are assigned. (b) Perform work to which they are assigned. (c) Use normal bidding procedures whenever available to return to equal or better than their former classification. 14.03 Employees covered by this Agreement who are terminated due to plant closure, partial plant closure, or work force reduction shall be given six (6) calendar months notice of such termination. (a) Employees entitled to severance pay as outlined in this Article XIV shall receive on termination the greater of: (i) The amount of severance pay required by law, or (ii) Severance pay equivalent to not less than two (2) weeks’ pay for each year of continuous service in the employ of the Company up to fifteen (15) years and one week’s pay for subsequent years of continuous service in the Employer and will accumulate thereafter. Seniority for part-time nurses shall be based on paid hours accumulated since date employ of last hire. It is recognized that 1500 paid hours equals one (1) year the company up to a maximum of full-time service. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisalweeks. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily; (b) retires or For the purpose of this Article, one week’s pay is retired; defined as the employees’ basic hourly wage rate times forty (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (f) is absent from scheduled work for a period of three (340) or more consecutive working days without notifying forty-two (42) hours, whichever is applicable. Employees terminated or who are laid-off and accept severance pay under the Employer unless such notice was not reasonably possible; (g) fails above terms will forfeit the right to return to work (subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible recall. The laid-off or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the parties. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the terminated employee will return remain eligible to work within the foreseeable future; (j) when on illness absence not paid by the employer be considered for re-employment as a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;new employee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

JOB SECURITY. 9.01 Seniority The Assured Number of Jobs in the East shall be defined as length two hundred and will not be reduced during the term of service 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 Labour Relations Act has elapsed, except in the event of the closure of, 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 replacing 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, the Assured Number of Jobs is reduced by lay-off by the number of employees 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 since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for would encounter difficulties replacing employees who leave, the Employer and the Union may mutually agree that the Employer will accumulate thereafternot be required to replace such employees and such agreement will not be unreasonably withheld. Seniority 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 nurses 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 be based on paid hours accumulated since date receive a relief premium of last hireone dollar and fifty cents per hour worked, in addition to their normal hourly rate. It is recognized understood that 1500 paid hours equals one (1) year 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 and covered by the terms of this Agreement. On an evening when a store is open for customer shopping convenience and the Store Manager, Assistant Store Manager and Grocery Manager are not on duty, full-time service. 9.02 The probationary period for all newly hired nurses employees will be assigned to be in charge of the store and shall receive a ten dollar bonus in addition to their night shopping premium. There shall be forty-five (45) worked tours (480 hours). A written appraisal no discrimination on account of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified race, colour, creed, national origin, sex, age or membership in the appraisalUnion. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (f) is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Employer unless such notice was not reasonably possible; (g) fails to return to work (subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the parties. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;

Appears in 1 contract

Samples: Collective Bargaining Agreement

JOB SECURITY. 9.01 Seniority (a) 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 be defined as length given to the Union and the employees affected. At the request of service with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for 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 accumulate thereafterrequest voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with this agreement. Seniority for 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 nurses 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 based on paid hours accumulated since date permitted a trial period of last hireup to thirty (30) days to demonstrate their competence to perform the job they claim. It 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 recognized that 1500 paid hours equals 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 full-service to a maximum of eighteen (18) months, at which time service. 9.02 The probationary period for all newly hired nurses they shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing revert to the appraisal which shall become part highest rate of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisaltheir new classification. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses 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 continue that list. A laid-off employee may refuse to accept temporary work without his or return her recall rights being affected, and a laid-off full-time employee may refuse to accept part-time work during an emergency which seriously affects 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 Employer’s ability to provide adequate patient care, unless a satisfactory reason recall list when their seniority is given to the Employer;lost as outlined in Article 18(b). (f) During a layoff, seniority will be frozen. If the employee is absent from scheduled work 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 a the period of three (3) he or more consecutive working days without notifying she is on the Employer unless such notice was not reasonably possible;list. (g) fails to return to work (subject Notice of recall shall be sent to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying employee by registered mail, with a copy to the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which Union office at the leave was granted;same time by registered mail. (h) fails upon being notified Except in the case of a recall to signify her intention to return within ten (10) calendar days after she has received change in classification, there shall be no pay cuts for any employee during the notice term of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partiesthis collective agreement. (i) when in receipt of WSIB as the result of injury For employees who have completed their probationary period, there shall be no discipline, suspension or illness incurred while in the employment of the Employer dismissal except for the period in excess of thirty-six (36) months, just and there is no reasonable likelihood the employee will return to work within the foreseeable future;sufficient cause. (j) when 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 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 illness absence not paid by the employer 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 a period in excess of thirty-six (36) months, and there is job vacancies within the bargaining unit. Where no reasonable likelihood 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 no change in an employee's job status (full-time/part-time) without the employee's consent. The Employer shall make a reasonable effort not to transfer an employee against his or her wishes to another classification. (m) No employee will return to work within be laid off as a direct result of the foreseeable future;increased use of freelancers.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority 26.01 In the event of a layoff, employees other than probationary and temporary employees shall be defined receive notice or pay in lieu of such as length of service with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for the Employer and will accumulate thereafter. Seniority for part-time nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of full-time service. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if shefollows: (a) resigns voluntarily;Two (2) weeks’ notice for layoff of up to eight (8) weeks. (b) retires Four (4) weeks’notice for layoff of more than eight (8) weeks A layoff shall be any reduction in the work force, or any permanent reduction of an employee’s normal hours of work due to lack of work. 26.02 When a layoff becomes necessary, employees will be laid off in reverse order of seniority within their occupational classification, subject only to more senior employees being qualified, competent and willing to perform the required work. 26.03 In the event of the deletion of an occupied position, as much notice as possible shall be given to the incumbent. 26.04 An employee whose position is retired;being deleted in accordance with Article 26.03, or who is being laid off in accordance with Article 26.02 will be entitled to exercise seniority rights, subject to her being qualified, competent and willing to perform the required work, to displace a less senior employee in an equal or lower occupational classification. Any employee thus displaced shall be entitled to a like exercise of seniority rights, with the employee or employees who are finally displaced by the exercise of this subsection being considered laid off, and subject to recall as outlined below. 26.05 An employee who is demoted due to a reason other than unsatisfactory performance shall continue to be paid her current basic salary until the rate for the classification to which she was demoted exceeds her current rate. The application of this provision as it relates to the layoff/recall procedure shall be limited to a three (c3) is discharged year period from the date the employee assumes a position in a lower paid classification or until the salary scale of the lower position reaches her level of salary whichever occurs first. 26.06 An employee who exercises her seniority rights shall be entitled to a four (4) week familiarization period. In the event that the employee cannot function effectively in the position at the conclusion of the familiarization period, she shall be placed directly onto layoff status and the discharge person originally displaced from the position shall, if not yet recalled, be returned to the position. 26.07 To qualify for recall, it shall be the responsibility of the employee to keep the Employer informed in writing of her current address and phone number. 26.08 Employees on layoff are to be recalled in order of seniority to available positions in equal or lower paid occupational classifications, to a maximum of their E.F.T. at the time of layoff, subject to their being qualified and competent to perform the work. Such right to recall shall be exercised before an employee is not reversed through hired or any other less senior employee is hired into such position. 26.09 Such recall shall be made by registered mail, and shall provide for two (2) weeks notice to report back to work. The employee is required to contact the grievance or arbitration procedure; Employer within one (d1) has been laid off for twenty-four (24) calendar months; (e) refuses week of such notice, confirming her intention to continue to work or return to work during an emergency as scheduled. An employee who declines to return to a position comparable to that held prior to layoff, without reasonable cause shall be considered terminated. 26.10 An employee recalled to work in a different department, or different classification from which seriously affects she was laid off shall have the Employer’s ability right to provide adequate patient care, unless a satisfactory reason is given return to the Employer;position she held prior to the layoff should it become vacant within one(1) year of being called back and such vacancy shall not be subject to the job posting procedure. 26.11 Technological change shall mean the introduction by the Employer into his work, undertaking or business of equipment or material of a different nature or kind than that previously used by him in the operation of the work undertaking or business, and a change in the manner in which the Employer carries on the work, undertaking or business that is directly related to the introduction of that equipment or material. In the event of a technological change which will displace or affect the classification of employees in the bargaining unit: a) The Employer shall notify the Union at least one hundred and twenty (f120) calendar days before the introduction of any technological change, with a detailed description of the project it intends to carry out, disclosing all foreseeable effects and repercussion on employees. b) The negotiations of the effects of technological change will take place not later than ninety (90) days prior to the intended date of implementation. c) If the Union and the Employer fail to agree upon measures to protect the employees from and adverse effects, the matter may be referred by either party to arbitration as provided for under the terms of this Agreement. 26.12 An employee who is absent displaced from scheduled work his or her job as a result of technological change shall be given an opportunity to fill any vacancy for which he or she has seniority and for which she has competency and the qualifications to perform. If there is no vacancy, she shall have the right to displace employees with less seniority, in accordance with the layoff procedures specified in this Agreement. 26.13 Where new or greater skills are required than are already possessed by affected employees under the present method of operations, such employees shall, at the expense of the Employer be given a training period during which they may acquire the skills necessitated by the new method of operation. There shall be no reduction in wage or salary rates during the training period of any such employee. a) If the Employer sub-contracts work or introduces technological change which results in the displacement of a number of employees, the Employer shall guarantee alternate employment to all employees with three (3) or more consecutive working days without notifying years of continuous service with the Employer unless such notice was not reasonably possible; (g) fails to return to work (subject to Employer. Where the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified alternative employment is of a recall lower paying classification, the employee shall continue to signify her intention to return within ten (10) calendar days after she has received receive the notice of recall mailed by registered mail to the last known address according to the records salary of the Employer higher paid classification until the salary of the lower paid classification passes that of the higher classification. The application of this provision shall be limited to report to work within twenty a three (203) calendar days after she has received year period from the notice date the employee assumes a position in a lower paid classification or until the salary scale of recall or such further period the lower position reaches her level of time as may be agreed upon by the partiessalary whichever occurs first. (ib) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the Any employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;with less than three

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority shall be defined as length of service with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for the Employer and will accumulate thereafter. Seniority for part-time nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of full-time service. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily;This clause applies where an employer ("the current contractor")terminates the employment of employees covered by this award because of the loss of a domestic contract. (b) retires or is retired;Within 21 days of SITA notifying the TWU of its intention to terminate employees, SITA shall at the request of the employee 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 Commencement date (c) If SITA is discharged and successful in obtaining a waste contract previously performed by another contractor, SiTA will offer existing employees of that contractor the discharge is not reversed through opportunity to work with SITA. The 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 grievance or arbitration procedure;position will also be a criteria for employment. (d) has been laid off for twenty-four (24) calendar months;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) refuses If, in the implementation of a contract being won by SITA, fewer personnel are required to continue to work or return to work during an emergency which seriously affects service that contract, then any consideration for new employees will be on a "last on, first off" basis, based on employment with the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer;previous contractor. (f) When an offer of employment is absent made with the new contractor and it is accepted by an employee, that employee shall commence employment with the new contractor from scheduled work 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 transferred to, and recognised by the new contractor. The current contractor shall not be liable for a period of three (3) or more consecutive working days without notifying redundancy payments where an employee commences employment with the Employer unless such notice was not reasonably possible;new contractor. (g) fails Employees not commencing with the new contractor will be entitled to return be paid any outstanding entitlements on termination, including annual leave and long service leave. A redundancy situation does not arise, and the employee will not be entitled to work (subject to be paid any notice or redundancy payment from the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes current contractor other than that for which the accrued annual and long service leave was granted;entitlements. (h) fails upon being notified 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 a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partieslabour. (i) when in receipt of WSIB as Where a contract is due to change, the result of injury or illness incurred while in parties to this agreement agree to follow the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;dispute resolution procedure.

Appears in 1 contract

Samples: Enterprise Agreement

JOB SECURITY. 9.01 Seniority (a) 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 be defined as length given to the Union and the employees affected. At the request of service with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for 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 accumulate thereafterrequest voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with this agreement. Seniority for 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 nurses 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 based on paid hours accumulated since date permitted a trial period of last hireup to thirty (30) days to demonstrate their competence to perform the job they claim. It 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 recognized that 1500 paid hours equals 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 full-service to a maximum of eighteen (18) months, at which time service. 9.02 The probationary period for all newly hired nurses they shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing revert to the appraisal which shall become part highest rate of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisaltheir new classification. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses 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 continue that list. A laid-off employee may refuse to accept temporary work without his or return her recall rights being affected, and a laid-off full-time employee may refuse to accept part-time work during an emergency which seriously affects 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 Employer’s ability to provide adequate patient care, unless a satisfactory reason recall list when their seniority is given to the Employer;lost as outlined in Article 18(b). (f) During a layoff, seniority will be frozen. If the employee is absent from scheduled work 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 a the period of three (3) he or more consecutive working days without notifying she is on the Employer unless such notice was not reasonably possible;list. (g) fails to return to work (subject Notice of recall shall be sent to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying employee by registered mail, with a copy to the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which Union office at the leave was granted;same time by registered mail. (h) fails upon being notified Except in the case of a recall to signify her intention to return within ten (10) calendar days after she has received change in classification, there shall be no pay cuts for any employee during the notice term of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partiesthis collective agreement. (i) when in receipt of WSIB as the result of injury For employees who have completed their probationary period, there shall be no discipline, suspension or illness incurred while in the employment of the Employer dismissal except for the period in excess of thirty-six (36) months, just and there is no reasonable likelihood the employee will return to work within the foreseeable future;sufficient cause. (j) when 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 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 illness absence not paid by the employer 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 a period in excess of thirty-six (36) months, and there is job vacancies within the bargaining unit. Where no reasonable likelihood job vacancies exist or where the employee will return cannot be retrained within a reasonable period of 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 employee's consent. The Employer shall make a reasonable effort not to work within the foreseeable future;transfer an employee against his or her wishes to another classification.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority (a) 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 be defined as length given to the Union and the employees affected. At the request of service with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for 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 accumulate thereafterrequest voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with this agreement. Seniority for 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 three weeks of notice, to bump employees with less seniority. Full-time employees may bump other full-time employees or part-time nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of employees and part-time employees may bump other part-time employees or full-time serviceemployees 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, in the opinion of the Employer, competent to perform the work. Employees shall be permitted a trial period of 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. 9.02 The probationary period for all newly hired nurses shall be forty-five (45c) worked tours An employee displaced under clause (480 hours). A written appraisal b) above may similarly elect within two weeks to bump into another classification in which the employee is, in the opinion of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked toursEmployer, competent to perform. The employee shall sign also be permitted a trial period of thirty (30) days to demonstrate his or her competence to perform the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisaljob claimed. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off Notwithstanding any other clause in this article, an employee who bumps into a lower classification shall be paid the top minimum for twenty-four (24) calendar months;that classification. However, where this would result in a raise in pay, the employee's salary shall stay the same. (e) refuses 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 continue that list. A laid-off employee may refuse to accept temporary work without his or return her recall rights being affected, and a laid-off full-time employee may refuse to accept part-time work during an emergency which seriously affects 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 Employer’s ability to provide adequate patient care, unless a satisfactory reason recall list when their seniority is given to the Employer;lost as outlined in Article 18(b). (f) During a layoff, seniority will be frozen. If the employee is absent from scheduled work 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 a the period of three (3) he or more consecutive working days without notifying she is on the Employer unless such notice was not reasonably possible;list. (g) fails to return to work (subject Notice of recall shall be sent to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying employee by registered mail, with a copy to the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which union office at the leave was granted;same time by registered mail. (h) fails upon being notified Except in the case of a recall to signify her intention to return within ten (10) calendar days after she has received change in classification, there shall be no pay cuts for any employee during the notice term of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partiesthis collective agreement. (i) when in receipt of WSIB as the result of injury For employees who have completed their probationary period, there shall be no discipline, suspension or illness incurred while in the employment of the Employer dismissal except for the period in excess of thirty-six (36) months, just and there is no reasonable likelihood the employee will return to work within the foreseeable future;sufficient cause. (j) when 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 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 illness absence not paid by the employer 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 a period in excess of thirty-six (36) months, and there is job vacancies within the bargaining unit. Where no reasonable likelihood 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 no change in an employee's job status (full-time/part-time) without the employee's consent. The Employer shall make a reasonable effort not to transfer an employee against his or her wishes to another classification. (m) No employee will return to work within be laid off as a direct result of the foreseeable future;increased use of freelancers.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority 1. The Company shall not discharge or suspend any Employee without just cause. The reasons for discharge or suspension must be given to the Employee in writing at the time of discipline, or within a reasonable time thereafter. The Guild shall be defined given prompt written notice to its New York office of any discharge or suspension. 2. There shall be no reduction in salaries except as length may be qualified elsewhere in this Agreement. In case of service with an involuntary transfer, the Employer since date of last hire and will accrue when a nurse has completed her probationary periodfirst determine the qualifications needed with respect to the individual to be transferred. Such seniority will date from Then, among the first day that a nurse actually started work in the current continuous service for Employees who have these qualifications, the Employer and will accumulate thereafterseek volunteers. Seniority for part-time nurses shall be based on paid hours accumulated since date In the case of last hire. It is recognized that 1500 paid hours equals more than one (1) year volunteer, the senior Employee will be transferred. If there are no qualified Employees who volunteer to transfer, the junior Employee with the requisite qualifications will be transferred. Should the Employee decline a transfer, he/she shall receive severance as provided for in Article 12 (Severance). Acceptance of full-time serviceseverance by an Employee shall be entered on the records as a resignation. An Employee shall not be forced to transfer to another City because of his/her membership or activity (including the filing of grievances) in the Guild. 9.02 The probationary period for all newly hired nurses 3. In the case of a reduction in staff or when bureau functions cease or are transferred elsewhere, job seniority shall be forty-five 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, 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 that was transferred to another bureau, he/she will be offered a transfer. Should the Employee decline a transfer or be released by reduction of force he/she shall receive dismissal indemnity as provided for in Article 12 (45) worked tours (480 hoursSeverance). A written appraisal Acceptance of employee progress will dismissal indemnity by an Employee who has rejected an offer of employment elsewhere shall be conducted after entered on the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop records as a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisalresignation. 9.03 The Employer will keep up to date seniority lists 4. Employees dismissed under Section 2 or 3 of this Article shall have their names placed for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (f) is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Employer unless such notice was not reasonably possible; (g) fails to return to work (subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the parties. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;twelve

Appears in 1 contract

Samples: Collective Bargaining Agreement

JOB SECURITY. 9.01 Seniority a) 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 be defined as length given to the Union and the employees affected. At the request of service with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for 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 accumulate thereafterrequest voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with this agreement. Seniority for 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 nurses 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 based on paid hours accumulated since date permitted a trial period of last hireup to thirty (30) days to demonstrate their competence to perform the job they claim. It 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 recognized that 1500 paid hours equals 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 service. 9.02 The probationary period for all newly hired nurses shall be fortyemployee may refuse to accept part-five (45) worked tours (480 hours)time work without his or her recall rights being affected. A written appraisal of employee progress will be conducted after the twentieth (20) and thirtylaid-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The off part-time employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for refuse full-time and partwork without his or her recall rights being affected. Laid-time nursesoff employees shall be removed from the recall list when their seniority is lost as outlined in Article 18(b). f) During a layoff, and post 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 in a conspicuous place, and supply copies of the current list to the Association twice a year, time by registered mail. h) Except in the months case of January and Julya change in classification, and prior to there shall be no pay cuts for any layoffemployee during the term of this collective agreement. 9.04 A nurse shall lose all service and seniority and i) For employees who have completed their probationary period, there shall be deemed to have terminated if she:no discipline, suspension or dismissal except for just and sufficient cause. (aj) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects Employees shall be trained at the Employer’s ability 's expense during working hours to provide adequate patient care, unless a satisfactory reason is given to use new technology and methods in their work. k) The Employer shall notify the Employer; (f) is absent from scheduled work for a period of Union at least three (3) months in advance of the introduction of major changes in equipment or more consecutive working days without notifying 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 unless such notice was shall offer, to affected employees, retraining for job vacancies within the bargaining unit. Where no job vacancies exist or where the employee cannot reasonably possible; (g) fails to return to work (subject to the provisions be retrained within a reasonable period of 9.04 (f)) upon termination of an authorized leave of absence without notifying time, the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partieslayoff staff in accordance with this article. l) There shall be no change in an employee's job status (ifull-time/part-time) when in receipt of WSIB as without the result of injury employee's consent. The Employer shall make a reasonable effort not to transfer an employee against his or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return her wishes to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;another classification.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority 22.01 The Employer recognizes the economic hardship placed on employees faced with possible loss of employment due to layoff, and shall make every reasonable effort to avoid layoffs and to accomplish the necessary staff reductions through attrition. If the necessary staff reductions cannot be accomplished through attrition, the following procedure will be adhered to: 22.02 Employees to be laid off shall receive three (3) weeks written notice after the end of the discussion period outlined in section 22.06 of this Article. 22.03 Remaining lay-offs, if any, shall be defined as length made within the classification involved in inverse order of service departmental priority, with part-time employees being the first to be laid off. 22.04 Each employee laid off to reduce the force shall be placed on a rehiring list for one year. The Employer shall first attempt to fill each bargaining unit vacancy with a person from the list. The person to be rehired shall be the one with the most seniority with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for the Employer and will accumulate thereafter. Seniority for part-time nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of full-time service. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a yearwho, in the months opinion of January and Julythe Employer, and prior is competent to any layoff.perform 9.04 A nurse 22.05 Seniority shall mean length of continuous employment with the Employer. An employee shall lose all service and seniority and shall be deemed to have terminated employment with the Employer if shehe or she is: (a) resigns voluntarilydismissed for just cause, or; (b) retires resigns or is retiredretires, or; (c) is discharged and refuses to accept an offer of rehire into the discharge is not reversed through classification in which the grievance or arbitration procedureperson was working when laid off, or; (d) has been laid off for twenty-four a period exceeding one (241) calendar monthsyear, or; (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless is absent for five (5) consecutive working days without providing a reason satisfactory reason is given to the Employer;. (f) is absent from scheduled work for a period of 22.06 The Employer shall notify the Union at least three (3) months in advance of the introduction of major changes in equipment or more consecutive working days without notifying 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 unless shall offer, to affected employees, retraining for job vacancies within the bargaining unit. 22.07 New employees shall be considered probationary employees during the first ninety (90) days of employment. The Employer may dismiss a probationary employee for any reason, provided such notice was dismissal is not reasonably possible; (g) fails to return to work (subject to otherwise arbitrary, discriminatory, or in bad faith, and this shall constitute a lesser standard for the provisions purpose of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records Section 43.1 of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partiesLabour Relations Act. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority a) The Company recognizes the economic hardship placed on employees faced with possible loss of employment due to layoff, and shall make every reasonable effort to avoid layoffs and to accomplish the necessary staff reductions through attrition. If the necessary staff reductions cannot be accomplished through attrition, the following procedure will be adhered to: The Company shall immediately notify the Union of the proposed staff reduction, advising it of the job titles, the number of employees who could possibly be affected and an explanation of the need for the possible staff reduction. b) Employees to be laid off shall receive three (3) weeks written notice after the end of the discussion period outlined in section D14.a of this Article. Written notice will be as follows: Less than 3 months 1 week 3 months to 1 year 2 weeks 1 year but less than 3 years 3 weeks 3 years but less than 4 years 4 weeks 4 years but less than 5 years 5 weeks 5 years but less than 6 years 6 weeks 6 years but less than 7 years 7 weeks 7 years but less than 8 years 8 weeks 8 years + 10 weeks c) Remaining lay-offs, if any, shall be defined as length made within the classification involved in inverse order of service departmental priority, with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for the Employer and will accumulate thereafter. Seniority for part-time nurses employees being the first to be laid off. d) Each employee laid off to reduce the force shall be based placed on paid hours accumulated since date of last hirea rehiring list for one year. It is recognized that 1500 paid hours equals one (1) year of full-time service. 9.02 The probationary period for all newly hired nurses Company shall first attempt to fill each bargaining unit vacancy with a person from the list. The person to be rehired shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan one with the employee to assist most seniority with the employee in correcting and developing the skill needs identified in the appraisal. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a yearCompany who, in the months opinion of January and Julythe Company, and prior is competent to any layoffperform the work. Time spent on a rehiring list by a laid-off person shall not constitute a break in continuity of service, but will not be counted as service time when computing seniority. 9.04 A nurse e) Seniority shall mean length of continuous employment with the Company. An employee shall lose all service and seniority and shall be deemed to have terminated employment with the Company if shehe or she is: (a) resigns voluntarily1. dismissed for just cause, or; (b) retires 2. resigns or is retiredretires, or; (c) is discharged and 3. refuses to accept an offer of rehire into the discharge is not reversed through classification in which the grievance or arbitration procedureperson was working when laid off, or; (d) has been 4. laid off for twenty-four a period exceeding one (241) calendar monthsyear, or; 5. is absent for five (e5) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless consecutive working days without providing a reason satisfactory reason is given to the Employer;Company. (f) is absent from scheduled work for a period of The Company shall notify the Union at least three (3) or more consecutive working days without notifying the Employer unless such notice was not reasonably possible; (g) fails to return to work (subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records months in advance of the Employer 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 report discuss the impact of such changes. Where such a change in equipment or technology causes the elimination of positions, the Company shall offer, to work affected employees, retraining for job vacancies within twenty (20) calendar days after she has received the notice of recall bargaining unit. Where no job vacancies exist within the bargaining unit, the Company shall offer retraining for job vacancies in other departments. Where no job vacancies exist or such further where the employee cannot be retrained within a reasonable period of time as time, the Company may lay off staff in accordance with this Article. The laid-off employee, while on the recall list, will be agreed upon by advised of all job vacancies at The Windsor Star and be given the partiesopportunity to apply for said vacancy. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority (a) 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 be defined as length given to the Union and the employees affected. At the request of service with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for 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 accumulate thereafterrequest voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with this agreement. Seniority for 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 three weeks of notice, to bump employees with less seniority. Full-time employees may bump other full-time employees or part-time nurses 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 less seniority in the same classification or those with less seniority in a classification in which they are, in the opinion of the Employer, competent to perform the work. Employees shall be based on paid hours accumulated since date permitted a trial period of last hirethirty (30) days to demonstrate their competence to perform the job they claim. It 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 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 recognized that 1500 paid hours equals 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 full-service to a maximum of eighteen (18) months, at which time service. 9.02 The probationary period for all newly hired nurses they shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing revert to the appraisal which shall become part highest rate of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisaltheir new classification. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses 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 continue that list. A laid-off employee may refuse to accept temporary work without his or return her recall rights being affected, and a laid-off full-time employee may refuse to accept part-time work during an emergency which seriously affects 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 Employer’s ability to provide adequate patient care, unless a satisfactory reason recall list when their seniority is given to the Employer;lost as outlined in Article 18(b). (f) During a layoff, seniority will be frozen. If the employee is absent from scheduled work 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 a the period of three (3) he or more consecutive working days without notifying she is on the Employer unless such notice was not reasonably possible;list. (g) fails to return to work (subject Notice of recall shall be sent to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying employee by registered mail, with a copy to the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which Union office at the leave was granted;same time by registered mail. (h) fails upon being notified Except in the case of a recall to signify her intention to return within ten (10) calendar days after she has received change in classification, there shall be no pay cuts for any employee during the notice term of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the partiesthis collective agreement. (i) when in receipt of WSIB as the result of injury For employees who have completed their probationary period, there shall be no discipline, suspension or illness incurred while in the employment of the Employer dismissal except for the period in excess of thirty-six (36) months, just and there is no reasonable likelihood the employee will return to work within the foreseeable future;sufficient cause. (j) when 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 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 illness absence not paid by the employer 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 a period in excess of thirty-six (36) months, and there is job vacancies within the bargaining unit. Where no reasonable likelihood job vacancies exist or where the employee will return cannot be retrained within a reasonable period of 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 employee's consent. The Employer shall make a reasonable effort not to work within the foreseeable future;transfer an employee against his or her wishes to another classification.

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority ‌ 31.01 Prior to the contracting out of a function presently performed by members of the bargaining unit, and which results in a change in existing operational methods, the Employer shall notify the Union Representative in writing of its intention and shall provide details of the work to be defined as length performed. Should the Union so request within three working days of service receiving notice, discussions with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date be held to review alternative suggestions from the first day 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 Employer, and the employee's wage shall be red-circled until such time as he is placed in a position with an equivalent pay range or higher. The Employer shall make every reasonable effort to place employees affected by leasing or contracting out in permanent positions with an equal rate of pay to that a nurse actually started work received prior to such leasing or contracting out. 31.02 The Employer shall not 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 current continuous service bargaining unit to perform work which is currently being performed by an employee in the bargaining unit, except in emergency conditions and for the Employer training and will accumulate thereafter. Seniority for part-time nurses instructing of an employee and in no case shall be based on paid hours accumulated since date an employee in the bargaining unit lose income by reason of last hire. It the performance of such work by such other person. 31.04 Notwithstanding section 31.03 it is recognized that 1500 paid hours equals one (1) year the nature of full-time servicethe 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. 9.02 The probationary period for all newly hired nurses 31.05 Notwithstanding any other provision in this article, no employee shall be fortylaid-five (45) worked tours (480 hours). A written appraisal off or have their hours of employee progress will be conducted after the twentieth (20) and thirtywork reduced due to contracting-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisalout. 9.03 The Employer will keep up to date seniority lists for full-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoff. 9.04 A nurse shall lose all service and seniority and shall be deemed to have terminated if she: (a) resigns voluntarily; (b) retires or is retired; (c) is discharged and the discharge is not reversed through the grievance or arbitration procedure; (d) has been laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (f) is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Employer unless such notice was not reasonably possible; (g) fails to return to work (subject to the provisions of 9.04 (f)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the parties. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority shall L11.01 No Employee will be defined laid off or have a reduction in assignment as length a direct result of service the use of volunteers, apprenticeships, co-op students, tutoring programs, practicum students, workfare, or partnerships with the Employer since date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for the Employer and will accumulate thereafter. Seniority for part-time nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of full-time servicecommunity agencies. 9.02 The probationary period for all newly hired nurses shall be forty-five (45) worked tours (480 hours). A written appraisal of employee progress L11.02 No persons including students or government project Employees will be conducted after hired until Employees on lay-off have been given an opportunity to work through recall procedure, provided each has the twentieth (20) necessary skill, ability and thirty-fourth (34) worked tours. The employee shall sign the appraisal indicating that she has read and understands qualifications to do the contents. The employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisalwork available. 9.03 The Employer L11.03 No new Employees will keep up to date seniority lists for fullbe hired as long as there are qualified Bargaining Unit members on lay-time and part-time nurses, and post the same in a conspicuous place, and supply copies of the current list to the Association twice a year, in the months of January and July, and prior to any layoffoff. 9.04 A nurse L11.04 In the event that the Thames Valley District School Board shall lose all service and seniority and shall be deemed merge, amalgamate or combine any of its operations or functions with another Board of Education, the Board will use its best efforts to have terminated if sheensure that: (a) resigns voluntarily;Bargaining Unit Employees shall be credited with all seniority rights with the new Employer. (b) retires or is retiredAll service credits relating to vacation with pay, sick leave credits, pensionable service and other benefits shall be recognized by the new Employer; (c) is discharged Conditions of employment and wage rates with the discharge is not reversed through the grievance or arbitration procedurenew Employer shall be at least equal to those contained in this Collective Agreement; (d) has been laid off for twenty-four (24No Employee(s) calendar monthsshall suffer a loss of employment as a result of the merger; (e) refuses to continue to work or return to work during an emergency which seriously affects Preference in location in the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to merged Board shall be on the Employer;basis of seniority; and (f) is absent It will solicit input from scheduled 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. L11.05 Employees whose jobs are not in the Bargaining Unit shall not perform any Bargaining Unit work for a period while Employees qualified to perform the work are able to do so. In the absence of three (3) or more consecutive working days without notifying an Educational Assistant, the Employer unless such notice was shall endeavour to use another staff member who has the skills, ability, and training to provide services to students. Such Employees shall not reasonably possible; (g) fails to return to work (subject be utilized to the provisions extent that it causes the lay-off or reduction in hours of 9.04 Bargaining Unit members. (fSee also Local Central Letter #3 for Job Security)) upon termination of an authorized leave of absence without notifying the Employer unless such notice was not reasonably possible or utilizes a leave of absence for purposes other than that for which the leave was granted; (h) fails upon being notified of a recall to signify her intention to return within ten (10) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the parties. (i) when in receipt of WSIB as the result of injury or illness incurred while in the employment of the Employer for the period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future; (j) when on illness absence not paid by the employer for a period in excess of thirty-six (36) months, and there is no reasonable likelihood the employee will return to work within the foreseeable future;

Appears in 1 contract

Samples: Collective Agreement

JOB SECURITY. 9.01 Seniority for full-time employees shall be defined as the length of service with the Employer employment since last date of last hire and will accrue when a nurse has completed her probationary period. Such seniority will date from the first day that a nurse actually started work in the current continuous service for the Employer and will accumulate thereafter. Seniority for part-time nurses shall be based on paid hours accumulated since date of last hire. It is recognized that 1500 paid hours equals one (1) year of full-time service. 9.02 The probationary period for all newly hired nurses New employees shall be forty-five (45) worked tours (480 hours). A written appraisal on probation for a period of employee progress will be conducted after the twentieth (20) and thirty-fourth (34) worked tours450 hours worked. The employment of probationary employees may be terminated at any time at the discretion of the Employer. The Employer in exercising this right however, shall not act in a discriminatory, arbitrary or bad faith manner. On completion of the probationary period, the employee shall sign be credited with seniority back to the appraisal indicating that date he or she has read and understands was hired. Subject to the contents. The above, a probationary employee may respond in writing to the appraisal which shall become part of her record not to be used in contravention of Article 10.01. The employer will develop a learning plan with the employee to assist the employee in correcting and developing the skill needs identified in the appraisalgrieve their termination. 9.03 The Employer will keep up to up-to-date seniority lists for full-time and part-time nurses, employees in the bargaining unit and post the same in a conspicuous place, place after the execution of this Agreement and supply copies by August 1st of the current list to the Association twice a each year, in the months of January and July, and prior to any layoff. 9.04 A nurse (a) An employee shall lose all service and seniority and shall be deemed to have terminated if he or she: (ai) resigns voluntarilyresigns; (b) retires or is retired; (cii) is discharged and the discharge is not reversed through the grievance or arbitration procedurereinstated; (d) has been laid off for twenty-four (24) calendar months; (e) refuses to continue to work or return to work during an emergency which seriously affects the Employer’s ability to provide adequate patient care, unless a satisfactory reason is given to the Employer; (fiii) is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Employer unless such notice was not reasonably possiblea satisfactory reason is given; iv) is laid off for more than thirty-six (g36) fails to return to calendar months; v) retires. (b) i) Seniority shall be retained but not accumulated when an employee is absent from work (subject to under the provisions of 9.04 (f)following conditions: A) upon termination of an authorized when on approved leave of absence without notifying pay; B) when absent due to layoff for a period of thirty-six (36) calendar months; (c) Seniority and service for nurses shall be retained and accumulated when an employee is absent from work under the Employer unless such notice was not reasonably possible or utilizes a following conditions: i) When on approved leave of absence for purposes other than that for which the leave was grantedwith pay; ii) When on an approved leave of absence without pay, not exceeding thirty (h30) fails upon being notified of a recall to signify her intention to return within ten (10consecutive calendar days; iii) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer to report to work within twenty (20When on pregnancy or parental leave; iv) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the parties. (i) when When in receipt of WSIB benefits as the result of injury or illness incurred while in the employment of the Employer for the period Employer; v) For full-time nurses, when in receipt of illness allowance including LTD; vi) For part-time nurses, when absent due to illness or injury in excess of thirtythirty (30) consecutive calendar days. The rate of accumulation of seniority and service for part-time nurses will be based on the employee’s normal weekly hours paid over the preceding qualifying twenty-six (3626) monthsweeks. A qualifying week is a week where the nurse is not absent due to vacation, and there is pregnancy/parental leave, WSIB, or illness or injury that exceeds thirty (30) consecutive calendar days. 9.05 If the Employer decides to fill a vacancy or create a new position in the bargaining unit, the Employer will post a notice thereof for seven (7) calendar days prior to making an appointment to the position in order that any interested employee may apply. If no reasonable likelihood qualified employee from either the full-time or part- time bargaining unit applies, the Employer may then hire a new employee. The name of the successful applicant shall be posted by the Employer. Nothing in this Article prohibits the Employer from temporarily hiring an employee to work during the time for compliance with the posting procedure. 9.06 It shall be the sole responsibility of the employee will return to work within leave her or his latest address and telephone number with the foreseeable futureHome. 9.07 In all cases of transfer or promotion, the following factors shall be considered: (a) skill, ability, qualifications and experience; (jb) when on illness absence not paid by seniority. Where the employer for a period factors in excess of thirty-six (36a) monthsare relatively equal, and there is no reasonable likelihood the employee will return to work within the foreseeable future;(b) shall govern.

Appears in 1 contract

Samples: Collective Agreement