Common use of LAY-OFF AND RECALL Clause in Contracts

LAY-OFF AND RECALL. 16.01 Where, because of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, the Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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LAY-OFF AND RECALL. 16.01 Where, because 13.01 In the event of lack a proposed lay-off of work, lack of funds a permanent or reorganization, resulting in abolishment of jobs or functionslong-term nature, the Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice to will: (a) Provide the Union President or his designee no less than twenty-one with at least ninety (2190) days in advance of any such days’ notice. (b) Meet with the Union to review the following: (i) the reasons causing the lay-off; (ii) the service which the Employer will undertake after the lay-off; (iii) the method of implementation, indicating how many employees will be affected including areas of cutback and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according nurses to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have 13.02 In the option event of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his proposed temporary lay-off, a bed cutback or a cutback in service, the Employer shall provide the Union with reasonable notice. If requested, the Employer shall meet with the Union to review the effect on nurses in the bargaining unit. 16.09 Notice of recall shall be sent to 13.03 Any agreement between the employee's address listed on Employer and the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days Union resulting from the date review above concerning the employee receives method of implementation will take precedence over the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employerterms of this Article. 16.10 Employee(s(a) scheduled for A lay-off shall be given defined as any reduction of a minimum nurse's hours of twenty-one (21) days advance notice work and/or a permanent discontinuation of lay-offa position. 16.11 Each notice of lay-off shall contain the following information: 1(b) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illnessa lay-off, injurynurses shall be laid off in the reverse order of seniority. Subject to the foregoing, probationary nurses shall be first laid off. Casual part-time nurses shall not be utilized while full-time or other good cause preventing regular part-time nurses remain on lay-off, unless all laid off nurses have been offered and declined any available work. An offer will have been deemed to have been made and declined when the employee from returning Employer has attempted to contact the nurse by telephone and there is no answer or a message is left with a person or on an answering machine for the nurse to contact the Employer within a specified period of time and this contact is not made by the time limit abovenurse. For an offer of a permanent or temporary rotation, the City may, at its sole discretion, grant a reasonable extension, not to exceed in excess of thirty (30) days, if the telephone contact was unsuccessful, the Employer will notify the nurse by registered letter. In The offer will be deemed to have been made and declined if the event such illness Employer does not receive a written response from the nurse within ten (10) calendar days. (c) A nurse who has been notified of an impending lay-off may: (i) accept the lay-off; or (ii) exercise the right to bump or injury precludes an employee from returning to work within the time limit above displace another nurse who has lesser bargaining unit seniority. (including extension), such employee d) Nurses shall be by-passed for recallrecalled in the order of seniority, but shall remain on unless otherwise agreed between the recall list, for Employer and the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary mannerUnion. 16.13 In the event (e) Where a job opening vacancy occurs in a lower rated classificationposition following a lay-off hereunder as a result of which a full-time or part-time nurse has been transferred to another position, the most senior employee affected nurse will be offered the opportunity to return to her/his former position providing such vacancy occurs within six (6) months of the date of lay-off. Where the nurse returns to her/his former position, there shall be no obligation to consider the vacancy under Article 12.05 (a) (i). Where the nurse refuses the opportunity to return to her/his former position, she/he shall advise the Employer in writing. (f) No reduction in the hours of work shall take place to prevent or reduce the impact of a lay-off without the consent of the Union. (g) All full-time and part-time nurses represented by the Union who are on lay lay-off will be recalled and given the option of accepting the a job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification opportunity in the event it becomes available within eighteen (18) monthsfull-time and part-time categories before any new nurse is hired into either category. 16.14 Recall lists (h) A full-time nurse shall maintain her full-time status and recall rights when accepting temporary or part-time recalls. It is understood that a nurse doing such a temporary vacancy will receive the percentage in lieu of benefits as per Article A.02 (e). (i) Full-time and part-time lay-off and recall rights shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the Cityseparate.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, 11.01 Where the Employer determines it necessary decides to reduce the size number of its workforceworking forces in a classification the following provision shall apply. The Employer agrees that Employees shall be selected for lay off by the Employer considering the following factors: (a) Employees who volunteer to accept the layoff and receive severance; (b) skill, ability and qualifications; (c) seniority. Employees will be laid off in ascending order on the basis of factor (c) provided in the opinion of the Employer, that the senior Employees have the requisite skill, ability and qualifications to perform the work. The Employer agrees not to act in an arbitrary, discriminatory or in bad faith when determining the skill, ability and qualifications. 11.02 Where a lay-off pursuant to this article is defined pursuant to the Employment Standards Act, 2000, as constituting termination of employment, the Employer shall give written provide the Employee(s) concerned with notice of termination, or pay in lieu therefore, consistent with the provisions of the Employment Standards Act, 2000, it being specifically understood that an Employee is required by the said Act to the Union President or his designee no less than twenty-one (21) days waive recall rights in order to receive pay in lieu of notice. 11.03 Where in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; of an Employee, the Employer expects the layoff to exceed eight (8) weeks in duration, the Employer will, when possible, so advise the Union, at least eight (8) weeks prior to advising the Employee affected of their layoff, unless such layoff is the result of direction from the Ministry of Health. In such cases, the Union will be given a copy of the relevant Ministry of Health correspondence within three (3) The employee's seniority date working days of its receipt. 11.04 Where the Employer decides to increase the number of working forces in a classification, persons on layoff shall be selected for recall based on reverse order of the layoff provided in the classification; 4) A statement advising the employee opinion of the right Employer, that the senior Employees have the requisite skill, ability and qualifications to recall and re-employment. 16.12 In perform the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, work. The Employer agrees not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made act in an arbitrary manner. 16.13 In arbitrary, discriminatory or in bad faith when determining the event a job opening occurs in a lower rated classificationskill, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall NOTE 1: Where full-time and part-time Employees are both employed, seniority lists and layoff and recall rights of part-time Employees shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the Cityseparate from full-time Employees.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

LAY-OFF AND RECALL. 16.01 Where13.01 Should any circumstance including fire, because flood, explosion, Act of lack God, work stoppage by employees of workan airline serviced by the Company, lack or circumstances beyond the control of funds or reorganization, resulting in abolishment of jobs or functions, the Employer determines Company make it necessary to reduce the size of its workforce, the Employer employees affected thereby shall give written notice be laid-off according to Company Seniority with seventy-two (72) hours notice. In the event of a partial resumption of operations, the employees affected shall be recalled according to Company Seniority. (a) The Company has the right to lay-off employees to the Union President or his designee no less than twenty-one (21) days in advance extent it determines to be necessary. In the event of any such a lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions the Company shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid lay-off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A"Company Seniority. 16.03 Employees who are laid (b) The Company agrees to meet the Union in the event of a lay- off from one classification to discuss methods that may displace (bump) another employee with lesser seniority assist in a lower rated classification within minimizing the same department. 16.04 Employees who are bumped by a more senior employee shall be able numbers of employees to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s(c) who are laid off, Recalls from such lay-offs shall have the option of bumping another employee pursuant be according to the above provisions, or being directly laid off by the EmployerCompany Seniority. 16.07 (d) In all cases where one (1) employee is exercising his seniority the event of major operational changes, the parties agree to bump another employee, his right meet and review the status of full-time and part-time positions prior to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his any lay-off. 16.09 Notice of recall (a) The Company shall be sent notify the Union as soon as possible prior to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for any lay-off or when the Company reduces the number of full time employees. All employees shall be given a minimum of twenty-one receive at least thirty (2130) days advance notice of any lay-off. 16.11 Each notice , except in the case of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date as defined in the classification; 4) A statement advising the employee of the right to recall and re-employment13.01. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the (b) An employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, who has been laid off shall retain but not to exceed thirty (30) daysaccumulate seniority. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee He shall be by-passed for recall, but shall listed according to seniority after the date of layoff and remain on the seniority list for recall listfor a maximum of twenty four (24) months. If not recalled to work during the applicable period, for the remainder of employee’s name shall be removed from the term of the recall period. The denial of seniority list and his status as an extension shall not be made in an arbitrary manneremployee terminated. 16.13 In 13.04 Employees, when laid off, must file their address and telephone number with Human Resources and must advise Human Resources in writing of any subsequent change. Recall shall be by registered mail and phone call by the event Company with a job opening occurs in Union Xxxxxxx or Union member present. Employees will be given seven (7) days to respond to a lower rated classificationrecall request. If no response is received, the most senior Company will make a second phone call, and will allow the employee on lay off twenty-four (24) hours to respond to the second recall request. 13.05 An employee who fails to respond to a recall request as required in Article 13.04 shall lose all seniority and his name shall be removed from the seniority list and employment will then be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in questionconsidered terminated. If an employee fails to return to work or to have satisfied the employee accepts the job openingCompany that he is unable to return because of accident or illness or other sufficient cause, he will have the right to claim too shall lose all seniority and his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists name shall be kept current by removed from the City. The Union President shall seniority list and employment will then be furnished and/or forwarded a copy of all recall lists as they are made current by the Cityconsidered terminated.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because of lack of work, lack of funds or reorganization, (a) Where there is a reduction in the workload resulting in abolishment a surplus of jobs or functionsnurses, all temporary positions will be cancelled and nurses filling those temporary positions will be returned to their home positions before affecting a lay off. (b) Where there is a reduction in the workload in a program resulting in a surplus of nurses, and the Employer determines it necessary to reduce the size of its workforce, effects a lay off(s) the Employer shall give written notice lay off nurses in reverse order of seniority, within the program provided the nurses remaining are qualified to perform the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reducedavailable work. Such reductions Probationary nurses shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be first laid off. 16.06 Employee(s(c) who are laid off, shall have the option of bumping Lay off is separate for full-time and part-time initially. Part-time nurses may only displace another employee pursuant to the above provisions, part-time nurse but a full-time nurse may displace another full-time nurse or being directly laid off by the Employerpart-time nurse. 16.07 In all cases where one (1d) employee A nurse who has been notified of a temporary lay off may: i) Accept the lay off; or ii) Elect to transfer to a vacant position provided she or she is exercising his seniority qualified to bump another employee, his right to bump into another department is subject to perform the conditions that available work; or iii) Displace the least senior nurse in the bargaining unit whose work she or he is qualified for to perform. (e) A nurse who has been notified of a permanent lay off may: i) Accept the lay off; or ii) Opt to retire if eligible under the terms of the pension plan, or iii) Elect to transfer to a vacant position and able provided that she or he is qualified to perform the functions available work. iv) Displace a nurse in the visiting nurse program who has lesser bargaining unit seniority and duties whose work the nurse subject to lay off is qualified to perform. The Employer will provide a familiarization period of the position into which he is attempting up to bumpthirty-seven point five (37.5) hours, as determined by the Employer. In the case of temporary or permanent lay off, a nurse shall indicate her decision within seventy-two (72) hours of notification. 16.08 Recalls shall be (f) No reduction in the inverse order hours of lay-off and a laid off employee work shall retain his right take place to recall for eighteen (18) months from prevent or reduce the date impact of his lay-lay off. 16.09 Notice (g) A reduction of full-time or part-time staffing complement is considered a lay off. (h) After a lay off, if there is a vacancy at the Branch, then such vacancy shall be posted. If the work a nurse was laid off from returns within twelve (12) months, then the recall provision shall be applied. The Employer will notify employees who are laid off about the existence of a vacancy prior to hiring new employees. Such notification shall be sent to the employee's last know address listed provided by the nurse and it is the nurse’s responsibility to provide the Employer with her current address. (i) Casual nurses will not be utilized while full-time or part-time nurses remain on lay off until the Employers records provisions of Article 10.13 have been met. (j) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed. (k) No new nurses shall be sent by certified mail. An employee hired until all those nurses who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of retain the right to recall and re-employmentbe recalled have been given an opportunity to return to work. 16.12 In the event (l) Temporary lay off will be defined as a lay off of extenuating circumstances six (6) weeks and not more than thirteen (13) weeks, which is required due to a reduction in workload. When such as illness, injury, or other good cause preventing the employee from returning within the time limit abovelay off is required, the City may, at its sole discretion, grant a reasonable extension, not to exceed staff affected will be given thirty (30) dayscalendar days advance notice. In When such lay off is required the event such illness or injury precludes an employee from returning Association will be notified and a meeting will be held between the parties to work within discuss the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, reasons for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary mannerlay off. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on (m) Permanent lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, defined as determined by the Employer, a lay off that will exceed thirteen (13) weeks due to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification a reduction in the event it becomes available within eighteen workload. Any nurse affected by such a lay off will be given thirty (1830) months. 16.14 Recall lists shall be kept current by the Citycalendar days notice. The Union President shall be furnished and/or forwarded a copy of all recall lists Employer will comply with the provisions as they are made current by the Cityoutlined below in permanent and long-term actual numbers.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

LAY-OFF AND RECALL. 16.01 Where13.01 For full-time nurses, because lay-off shall mean the discontinuation of a full-time position due to lack of workwork or reduction or discontinuation of a service or services. For regular part-time nurses, lay-off shall mean the discontinuation of a part- time position due to lack of funds work or reorganization, resulting in abolishment reduction or discontinuation of jobs a service or functionsservices. 13.02 In the event of a proposed layoff at the Centre of a long term nature affecting full-time and/or part-time nurses, the Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice to Centre shall: (a) provide the Union President or his designee with no less than twenty-one ninety (2190) days in advance written notice of any such lay-off, indicating how many employees layoff and 60 days to the individuals who will be affected subject to layoff; and (b) meet with the Association to review the following: i) the reasons causing xxxxxx; ii) identification of and what department(sproposal of possible alternatives to the anticipated layoff; iii) are being reducedthe method of implementation including the areas of cut-back and the nurses to be laid off. Such reductions It is understood that a long term layoff means a layoff that will be more than eight (8) weeks. (a) The parties agree that full time and part time layoff and recall rights shall be made in accordance with the provisions hereinafter set forthseparate. 16.02 Employees within affected classifications (b) Probationary and temporary employees shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included first in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to of layoff provided that the conditions that he is nurses who remain are qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employeravailable work. 16.08 Recalls (c) A layoff of full-time and/or part-time nurses shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed made on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall noticebasis of seniority, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date provided that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall nurses who remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, are qualified to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) monthswork. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy (d) A nurse who has been notified of all recall lists as they are made current by the City.an impending layoff may: i) resign ii) retire

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because REGULAR FULL-TIME & REGULAR PART-TIME NURSES 13.01 All cases of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, the Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum governed as follows: (a) Temporary nurses will be laid off first prior to regular full-time and regular part-time nurses, regular full-time and regular part-time nurses will be laid off separately. Nurses in affected classifications will be laid off in reverse order of twenty-one their seniority within their home location, provided that nurses who are entitled to remain based on their seniority are able to perform the remaining available work. i) The Employer shall provide the local representative identified by the Association and the Labour Relations Officer with sixty (2160) calendar days advance notice of lay-off. 16.11 Each notice ii) Meet with the Local Association’s negotiation team and the Labour Relations Officer to review the reasons causing the lay-off, approximate number of nurses that will be affected, and the method of implementation. iii) Any agreement between the Employer and the Local Association resulting from the review above concerning the method of implementation will take precedence over the terms of this Article. iv) Notice of lay-off shall contain to the following information:individual nurse(s) may run concurrently with notice to the Local Representative identified by the Association and the Labour Relations Officer. 1v) The reason for In any event, the notice or lay-off referred to in iv) and i) above shall not be less than what is required under the provisions of the Employment Standards Act. (c) Following the provision of notice of layoff to the Union pursuant to Article 13.01 (b) (i), and before issuing notice of layoff to individual nurses, the Employer will make offers of voluntary severance in accordance with the following conditions: i) The Employer will first make offers in order of seniority in the departments (s) where layoffs would otherwise occur to nurses (excluding casual and temporary) eligible for early retirement under the Employer pension plan (including regular part-time, if applicable, whether or displacement;not they participate in the Employer pension plan). Further, these offers will be made to nurses in the same department/program, classification and status as those who would otherwise be given notice of layoff. ii) Should an insufficient number of nurses volunteer pursuant to (i) above, the Employer will then make offers to all other nurses (excluding casual and temporary) in the same department/program, classification and status as those who would otherwise be given notice of layoff. iii) The number of voluntary severance offers that the Employer approves will not exceed the number of nurses who would otherwise be laid off. The Employer shall grant requests for voluntary severance in order of seniority, subject to (i) and (ii) above, provided that operational requirements are maintained to the sole satisfaction of the Employer. A nurse may not revoke her acceptance of a voluntary severance offer once she is approved by the employer. iv) A nurse who is approved for voluntary severance shall receive, following completion of the last day of work, a severance payment of two (2) The weeks’ salary for each year of service, to a maximum of fifty-two (52) weeks’ salary. In the case of regular part-time nurses, the severance payment will be calculated by determining the average weekly salary earned by the nurse in the twenty (20) week period immediately preceding the date that of layoff. (d) A nurse who is notified of a lay-off may: i) accept the lay-off or displacement becomes effective;off; or 3ii) The employee's displace another nurse who has lesser seniority date and is the least senior in the classification;bargaining unit at any location and whose work the nurse, subject to lay-off, is qualified to perform; or 4iii) A statement advising the employee opt to receive severance payment of the right two (2) weeks’ salary for each year of service, to recall and re-employment. 16.12 In the event a maximum of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty fifty two (3052) daysweeks’ salary. In the event such illness or injury precludes an employee from returning to work within case of regular part-time nurses, the time limit above severance payment will be calculated by determining the average weekly salary earned by the nurse in the two (including extension20) week period immediately preceding the date of layoff. (e) i) Nurses who displace other nurses as provided for in Article 13.01 (d), such employee ii) above and nurses who have been recalled from lay-off shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall periodprovided orientation (training) if required. The denial length of an extension such orientation (training) shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform Employer as per the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) monthsestablished guideline set out for orientation. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

LAY-OFF AND RECALL. 16.01 Where(a) Both parties recognize that job security should increase in proportion to length of service and that it is the responsibility of management to maintain effective operations. Therefore, because in the event that a reduction of the nursing force is required, seniority shall be the determining factor provided the employee has the qualifications, skills and ability to perform the work. Subject to the foregoing, nurses shall be laid off in the reverse order of their seniority and nurses shall be recalled in order of their seniority. No new nurses will be hired until those laid off have been given an opportunity to return to work in accordance with the above criteria. (b) A lay-off shall include the discontinuation or displacement from the nurse’s area of assignment due to lack of work or reduction or discontinuation of a service or services. Work shortages of less than five (5) days expected duration will not be considered a layoff although reasonable efforts will be made to find work, lack on a seniority basis, for these nurses, if requested. Work shortages of funds five (5) days or reorganization, resulting in abolishment of jobs or functions, the more will be considered a layoff. The Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice to will provide the Union President or his designee no less than twenty-one with at least thirty (2130) days notice in advance the event the layoff is anticipated to continue for a period of any such greater than three (3) months. (c) All cases of work shortages, layoffs or decreases in the nursing work force affecting the bargaining unit will be discussed with the Union prior to their implementation. Discussions shall include the reasons causing the lay-off, indicating how many the service the Employer will undertake after the lay-off, and the method of implementation, including areas of cutback and the employees will be affected and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s(d) A nurse who are laid off, is subject to layoff shall have the option right to: i) accept layoff; or ii) opt to retire if eligible under the terms of bumping another employee pursuant the Group Health Centre pension plan; or iii) elect to transfer to a vacant position provided she/he has the above provisionsqualifications, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position skills and able ability to perform the functions and normal duties of the job with reasonable orientation and training; or iv) bump the least senior nurse in the same position into which he is attempting first, then the same or lower job level, if any, provided the nurse has the qualifications, skills and ability to perform the normal duties of the job with less than five (5) days of training and/or orientation. (e) The decision of the nurse to accept the lay-off or to bump, as determined by the Employer. 16.08 Recalls set forth in (i) and (ii) above, shall be given in the inverse order writing within five (5) working days following notification of lay-off. Nurses failing to do so shall be deemed to have accepted the lay-off. A nurse subject to lay-off who declines a bump into a position for which she/he possess the requisite greater seniority, qualifications, skills and a laid off employee ability shall retain his right be deemed to recall for eighteen (18) months from have accepted the date of his lay-off. 16.09 Notice of recall (f) Subject to 11.03 (d), a nurse shall be sent exercise her/his entitlement to bump as follows: i) Full-time nurses will bump the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall least senior full-time or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employerpart-time nurse working 28 hours or more. 16.10 Employee(sii) scheduled for layPart-off shall be given a minimum of twentytime nurses will bump the least senior part-one (21) days advance notice of lay-offtime nurse. 16.11 Each notice of layiii) Part-off shall contain the following information: 1time nurses will not bump full-time nurses. Should no permanent position be available, nurses may bump to casual status, where applicable, and will maintain recall rights in accordance with 11.06 (c) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment(ii). 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

LAY-OFF AND RECALL. 16.01 Where(a) Both parties recognize that job security should increase in proportion to length of service and that it is the responsibility of management to maintain effective operations. Therefore, because in the event of a reduction of the nursing force seniority shall be the determining factor provided the remaining employees have the qualifications, skills and ability to perform the work remaining. Subject to the foregoing, nurses shall be laid off in the reverse order of their seniority and nurses shall be recalled in order of their seniority provided they have the qualification, skills, education, experience and ability to perform the work. No new nurses will be hired until those laid off have been given an opportunity to return to work in accordance with the above criteria. (b) A lay-off shall include the discontinuation or displacement within Parkdale Queen West due to lack of work or reduction or discontinuation of a service or services. Work shortages of less than five (5) days expected duration will not be considered a layoff although reasonable efforts will be made to find work, lack on a seniority basis, for these nurses, if requested. Work shortages of funds five (5) days or reorganizationmore will be considered a layoff. (c) All cases of work shortages, resulting layoffs or decreases in abolishment of jobs or functions, the Employer determines it necessary to reduce nursing work force affecting the size of its workforce, the Employer shall give written notice to bargaining unit will be discussed with the Union President or his designee no less than twenty-one (21) days in advance of any such prior to their implementation. Discussions shall include the reasons causing the lay-off, indicating how many the service the Employer will undertake after the lay-off, and the method of implementation, including areas of cutback and the employees will be affected and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s(d) A nurse who are laid off, is subject to layoff shall have the option of bumping another employee pursuant right to: i) Accept layoff; or ii) elect to transfer to a vacant position in the above provisionsBargaining Unit provided the nurse has the qualifications, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position skills and able ability to perform the functions and normal duties of the job with reasonable orientation and training; or iii) bump the least senior nurse in the same position into which he is attempting first, then the same or lower job level, if any, provided the nurse has the qualifications, skills and ability to perform the normal duties of the job without training other than orientation. (e) The decision of the nurse to accept the lay-off or to bump, as determined by the Employer. 16.08 Recalls set forth in i) and iii) above, shall be given in the inverse order writing within five (5) working days following notification of lay-off. Nurses failing to do so shall be deemed to have accepted the lay-off. A nurse subject to lay-off who declines a bump into a position for which the nurse possesses the requisite greater seniority, qualifications, skills and a laid off employee ability shall retain his right be deemed to recall for eighteen (18) months from have accepted the date of his lay-off. 16.09 Notice of recall (f) Subject to 11.02 (d), a nurse shall be sent exercise a nurse’s entitlement to bump as follows: (i) Full-time nurses will bump the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall least senior full-time or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employerpart- time nurse. 16.10 Employee(s(ii) scheduled for layPart-off shall time nurses will bump the least senior part-time nurse. Should no permanent position be given a minimum of twenty-one available, nurses may bump to casual status, where applicable, and will maintain recall rights in accordance with 11.02 (21) days advance notice of lay-offa). 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

LAY-OFF AND RECALL. 16.01 Where(a) Both parties recognize that job security should increase in proportion to length of service and that it is the responsibility of management to maintain effective operations. Therefore, because in the event that a reduction of lack the nursing force is required, and subject to the following provisions contained in this Article, seniority shall be the determining factor provided the employee has the qualifications, skills and ability to perform the work. Subject to the foregoing, the most junior employee in the job classification and department where the reduction is required will be the first to be laid off. Temporary, probationary and casual status employees will be laid off before permanent employees. For purposes of work, lack this Article departments are currently defined as follows: Family Health/Congestive Heart Failure Program Cardiac Rehab Diabetes Program ADEC Occupational Health Hepatitis C Anticoagulation Clinic Surgery Staff Support Injection Clinic Phototherapy Obstetrics/Gynecology Geriatrics Pediatrics Cardiology NP – Same Day Clinic NP – Cervical Screening and Well Women NP – OB/GYN NP – Family Practice In the event of funds or reorganization, resulting in abolishment of jobs or functionsa change to the above noted departments, the Employer determines it necessary will advise the Union. (b) A lay-off shall include the discontinuation or displacement from the nurse’s area of assignment due to reduce lack of work or deduction or discontinuation of a service or services. Work shortages of less than five (5) days expected duration will not be considered a lay-off although reasonable efforts will be made to find work, on a seniority basis, for these nurses, if requested. Work shortages of five (5) days or more will be considered a lay-off. (c) All cases of work shortages, lay-offs or decreases in the size of its workforce, nursing work force affecting the Employer shall give written notice to bargaining unit will be discussed with the Union President or his designee no less than twenty-one (21) days in advance of any such prior to their implementation. Discussions shall include the reasons causing the lay-off, indicating how many the service the Employer will undertake after the lay-off, and the method of implementation, including areas of cutback and the employees will be affected and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s(d) who are laid offLay-offs of full-time employees will be administered separately from lay- offs of regular part-time employees, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment accordance with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following informationterms and conditions: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, 18.1 The continuity of service of those re-employed after lay-offs will be reviewed at the time of re-employment and in each case the employee will be notified if service is re-stored or broken. Continuity of service is broken and employment terminated if an employee: a) Leaves voluntarily or is discharged, b) Absents himself from duty for five consecutive days or longer without satisfactory explanation, c) Is absent because of injury or illness and fails to keep the Company notified monthly, d) Is not re-employed within one year from date of lay-off from lack of work, e) Fails to return to work, or to give a satisfactory explanation within 30 days, when notified, in accordance with Section 18.6 18.2 In all cases of lay-off due to lack of work, the Bargaining Unit seniority of employees of the department in which the lack of funds work occurs will prevail in the first instance, provided the employees as selected to be retained are qualified and willing to do the work which is available. Employees so selected to be laid off, but only within two working days after having received notice of lay-off may make application for transfer to a job of the same or reorganizationlower classification in another department, resulting or to a job of a higher classification in abolishment of jobs or functions, another department provided that the Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice employee was permanently assigned to the higher rated job for at least 3 of the preceding 5 years. If, in the opinion of the management, such an employee may have the ability and qualifications to do the work and has seniority greater than the employee doing the work, that employee may be given an opportunity to prove ability to do job, but such a trial will not in any event exceed seven working days. 18.3 The Unit Chair, Vice Chair, Negotiating Committee and Stewards of the Union President or his designee no less than twenty-one (21) days will be accorded highest seniority in advance all cases of any such lay-off, indicating how many provided, however, that the employees will be affected have at least six months continuous service and what department(s) are being reduced. Such reductions shall be made in accordance with qualified and willing to do the provisions hereinafter set forthwork which is available. 16.02 Employees within affected classifications shall be laid 18.4 When lay-off according due to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, partlack of work occurs because of re-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department organization or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping processtechnological change, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of foregoing lay-off and a bumping provisions will apply but will not result in any full time employee becoming unemployed. The Company will continue to employ such employee(s) and to pay the standard wage rate(s) for such classification(s) as is/are being covered off. The provisions of clauses 18.1 and 18.2 will not apply in such cases(s). 18.5 The Management will furnish the Union with the name of each employee to be laid off employee shall retain his right or transferred due to recall for eighteen (18) months from lack of work, and if requested, will meet the date of his Union to discuss lay-offoffs or transfers of the employee or employees concerned. 16.09 Notice 18.6 Any employee to be laid off due to lack of recall shall work for an extended or indefinite period of time will be sent to given notice of at least thirty (30) days. The employee will be advised personally of the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled reason for lay-off shall and will also be given a minimum of twenty-one (21) days advance notice notified as far as possible, as to duration of lay-off. 16.11 Each notice 18.7 The Union will be supplied with a list of lay-off shall contain the following information: 1) The reason for lay-employees hired or rehired and employees laid off or displacement;discharged, showing their occupation, department and length of continuous service. 218.8 Recall of employees with seniority will operate in reverse order of 18.2 on recall to work, an employee will be notified when work is available. This will be done by registered letter or direct contact to the last address which the employee has provided the Human Resources Department. Recall rights will expire one year after layoff. 18.9 After notification, if an employee who has been recalled to work does not return to work within a period of three (3) The date days or make alternative arrangements with the Management, that employee will be passed over, and the next employee on the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off list will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) monthsnotified. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because 26.01 A lay-off 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 In the event of a reduction in the work force, lack employees will be laid-off in reverse order of funds or reorganizationseniority, resulting in abolishment provided that there are available employees with greater seniority who have the capabilities and qualifications to do the work of jobs or functions, the Employer determines it necessary employees laid off. (a) Employees to reduce the size of its workforce, the Employer shall give be laid off will be given at least four (4) weeks written notice of lay-off or equivalent pay in lieu of notice. Written notice shall be given by personal service or by registered mail to the Union President employee(s) concerned and a copy of the notice forwarded to the Institute. (b) An employee receiving notice of lay-off shall choose one of the following options: 1. displace, if possible, a less senior employee in an equal or lower classification providing he is capable and qualified to perform the work required; or 2. accept the lay-off and advise the Centre of his designee no less than twenty-one (21) days in advance of any such willingness to work on a casual basis while laid off; or, 3. accept the lay-off, indicating how many employees will be affected and what department(s) are being reducedno desire to work on a casual basis. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior An employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes who displaces into a position offering fewer committed hours of this article, department work or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in into a lower rated classification within the same department. 16.04 Employees classification, or who are bumped by accepts a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid lay-off, shall have the option of bumping another employee pursuant retain recall rights to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where an equal position in his former classification until one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which following occurs: 1. he is attempting fails to bump, as determined by report to work following notice of recall being properly served; 2. he applies for and receives a posted vacant position; 3. he voluntarily terminates his employment with the Employer.Centre; or, 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen 4. three (183) months years elapse from the effective date of his lay-off. 16.09 Notice (a) No lay-off of full-time or part-time employees shall occur when casual employees are being employed, unless no full-time or part-time employee on staff is qualified, competent and willing to fill the position(s) in question. (b) Available shifts shall be offered firstly to competent, qualified laid off employees who have advised the Centre of their willingness to work on a casual basis, secondly to part- time employees as per Article 8.02, and, lastly, to casual employees. 26.05 No new employees will be hired when other employees are on layoff except for reasons of a special skill requirement. 26.06 Employees shall be recalled in order of their seniority provided they are qualified to perform the required work. Such recall shall be sent made by registered mail or by personal service. A person who is laid-off must communicate with the Centre within 7 calendar days of notice of recall being mailed by registered mail to the employeeperson's recorded address listed on and must be prepared to begin work at a time designated by the Employers records Centre. 26.07 To be eligible for recall, employees must file their names and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment address with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice Centre at the time of lay-off and each six months thereafter. 26.08 Failure to notify the Centre as specified in clause 26.06 shall contain result in the following informationemployee being placed last on the recall list. 26.09 The right of a person who has been laid-off to be rehired under this Agreement will be forfeited when the employee fails to report for work unless, on reasonable grounds, he is unable to do so. (a) When working available shifts, laid-off employees shall be paid at their former rate of pay in accordance with Articles 25 and 40. (b) In the event that an employee accepts additional available shifts, the provisions of the Collective Agreement shall be applicable except as modified hereinafter: 1(i) The reason Vacation pay shall be calculated in accordance with Article 17.03 and shall be paid at the prevailing rate for laythe employee on each pay cheque, and shall be prorated on the basis of hours paid at the regular rate of pay. (ii) Sick leave credits shall be accumulated on a pro-rated basis based on hours worked by the laid-off or displacement;employee. 2(iii) The date that In the event the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within is longer than eighteen (18) monthsweeks, seniority shall be calculated in accordance with regular hours worked. 16.14 Recall lists (iv) The employee shall be kept current by paid four and one-quarter (4 1/4%) of the Citybasic rate of pay in lieu of time off on General Holidays. The Union President Such holiday pay shall be furnished and/or forwarded a copy calculated on all paid hours and shall be included in each pay cheque. (v) Participation in benefit plans is subject to the provisions of all recall lists as they are made current by each plan. Any period of time during the Citylay-off when the employee works additional shifts shall not extend the three (3) year period referenced in Article 25.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, 19.1 The continuity of service of those re-employed after lay-offs will be reviewed at the time of re-employment and in each case the employee will be notified if service is re-stored or broken. Continuity of service is broken and employment terminated if an employee: a) Leaves voluntarily or is discharged, b) Absents himself from duty for five consecutive days or longer without satisfactory explanation, c) Is absent because of injury or illness and fails to keep the Company notified monthly, d) Is not re-employed within one year from date of lay-off from lack of work, e) Fails to return to work, or to give a satisfactory explanation within 30 days, when notified, in accordance with Section 19.6 19.2 In all cases of lay-off due to lack of work, the Bargaining Unit seniority of employees of the department in which the lack of funds work occurs will prevail in the first instance, provided the employees as selected to be retained are qualified and willing to do the work which is available. Employees so selected to be laid off, but only within two working days after having received notice of lay-off may make application for transfer to a job of the same or reorganizationlower classification in another department, resulting or to a job of a higher classification in abolishment of jobs or functions, another department provided that the Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice employee was permanently assigned to the higher rated job for at least 3 of the preceding 5 years. If, in the opinion of the management, such an employee may have the ability and qualifications to do the work and has seniority greater than the employee doing the work, that employee may be given an opportunity to prove ability to do job, but such a trial will not in any event exceed seven working days. 19.3 The Unit Chair, Vice Chair, Negotiating Committee and Stewards of the Union President or his designee no less than twenty-one (21) days will be accorded highest seniority in advance all cases of any such lay-off, indicating how many provided, however, that the employees will be affected have at least six months continuous service and what department(s) are being reduced. Such reductions shall be made in accordance with qualified and willing to do the provisions hereinafter set forthwork which is available. 16.02 Employees within affected classifications shall be laid 19.4 When lay-off according due to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, partlack of work occurs because of re-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department organization or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping processtechnological change, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of foregoing lay-off and a bumping provisions will apply but will not result in any full time employee becoming unemployed. The Company will continue to employ such employee(s) and to pay the standard wage rate(s) for such classification(s) as is/are being covered off. The provisions of clauses 18.1 and 18.2 will not apply in such cases(s). 19.5 The Management will furnish the Union with the name of each employee to be laid off employee shall retain his right or transferred due to recall for eighteen (18) months from lack of work, and if requested, will meet the date of his Union to discuss lay-offoffs or transfers of the employee or employees concerned. 16.09 Notice 19.6 Any employee to be laid off due to lack of recall shall work for an extended or indefinite period of time will be sent to given notice of at least thirty (30) days. The employee will be advised personally of the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled reason for lay-off shall and will also be given a minimum of twenty-one (21) days advance notice notified as far as possible, as to duration of lay-off. 16.11 Each notice 19.7 The Union will be supplied with a list of lay-off shall contain the following information: 1) The reason for lay-employees hired or rehired and employees laid off or displacement;discharged, showing their occupation, department and length of continuous service. 219.8 Recall of employees with seniority will operate in reverse order of 18.2 on recall to work, an employee will be notified when work is available. This will be done by registered letter or direct contact to the last address which the employee has provided the Human Resources Department. Recall rights will expire one year after layoff. 19.9 After notification, if an employee who has been recalled to work does not return to work within a period of three (3) The date days or make alternative arrangements with the Management, that employee will be passed over, and the next employee on the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off list will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) monthsnotified. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because 11.01 In cases of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, the Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according in the reverse order of seniority, provided that employees being retained have the qualifications and ability to their relative seniority (within perform the department) work available. Where it is necessary that “bumping” occur in order to comply with the least senior foregoing, it is understood that every employee being laid off firstthereby displaced is then in turn entitled to exercise their seniority to bump, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off firstcommonly referred to as chain bumping. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able recalled in the order of seniority, provided they have the qualifications and ability to bump another perform the work available. In the event the Board intends to recall an employee with lesser out of order of seniority in or to hire a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the new employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who while employees are laid off, the Board agrees to notify senior employees who have not been recalled of the job vacancy or vacancies. Such notice shall have the option of bumping another employee pursuant be in writing by registered mail to the above provisionsaddress of the employee as shown in the Board's records. Both the Union and the Board encourage employees to ensure that the Board has accurate and updated information with respect to previous work, or being directly experience, levels of education, diplomas, degrees, and courses taken so as to assist in the assessment of qualifications and abilities of employees. 11.02 The Employer shall notify employees who have completed their probationary period who are to be temporarily laid off by as follows: (a) ten (10) working days’ notice to employees whose seniority as of the Employer. 16.07 In all cases where date of commencement of lay-off is less than one (1) employee is exercising his year, or (b) twenty (20) working days’ notice to employees whose seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties as of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order date of commencement of lay-off and is one (1) year or more. In the event of a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for proposed permanent lay-off shall be given due to a minimum school closure or elimination of twenty-one funding, the Employer shall: (21c) days advance provide the Union with no less than three (3) months written notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for proposed lay-off or displacement;elimination of position; and 2(d) The date that notify employees, who are to be laid off, three (3) months before the lay-off or displacement becomes is to be effective;. 3) The employee's seniority date in the classification; 4) A statement advising 11.03 If the employee laid off has not had the opportunity to work the full notice period to which he/she is entitled, he/she shall be paid in lieu of work for that period of the right to recall and re-employmentnotice period during which work was not made available. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, 11.04 It is understood that those persons who are not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning scheduled to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension during school vacation periods shall not be made in an arbitrary mannerconsidered on lay-off for purposes of this Article. 16.13 In the event 11.05 The parties agree that a job opening occurs in a lower rated classification, the most senior employee on lay lay-off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by deemed to have occurred if the Employer, to perform as a result of a shortage of work, reduces the regular scheduled hours of work in question. If of an employee. 11.06 It shall be the obligation of the employee accepts to notify the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists Board of any changes of address. The Board shall be kept current entitled to rely upon the last address furnished by the City. The Union President shall be furnished and/or forwarded a copy of employee for all recall lists as they are made current by the Citypurposes.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because a) A layoff shall be defined as a reduction of lack the number of work, lack employees in the bargaining unit. It is understood that reductions in normal hours of funds or reorganization, resulting work due to fluctuations in abolishment of jobs or functions, business volumes shall not be considered to be a layoff. b) Where the Employer determines it necessary intends to reduce the size of its workforce, the Employer shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such conduct a lay-off, indicating how many employees will be affected it shall layoff nurses in inverse order of seniority provided that the nurses who are entitled to remain are qualified to perform the available work on the basis of their skill, ability, experience, qualifications, training and what department(seducation established by the Employer. Observing the above mentioned conditions, a senior nurse designated for layoff may bump any employee with less seniority provided she has the requisite skills. A nurse in receipt of a layoff notice shall have the following entitlement. i) are being reducedaccept the layoff; or ii) accept a vacant position, provided that she is qualified to perform the available work; or iii) opt to retire if she is eligible under the terms of the Branch’s pension plan; or iv) displace any other nurse with less seniority provided that the nurse subject to layoff is qualified to perform the available work. Such reductions A nurse so displaced shall be made deemed to have been laid off. A nurse who chooses to exercise the right to displace another nurse with lessor seniority shall advise the employer of her intention to do so in accordance with writing and the provisions hereinafter set forthposition claimed within seven (7) days after receiving the notice of layoff. 16.02 Employees within affected classifications c) Nurses shall be laid off according recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior nurse is qualified to their relative seniority (within perform the department) with available work on the least senior employee being laid off firstbasis of her skill, providing that all studentsability, temporaryexperience, part-timequalification, seasonal training and probationary employees within education established by the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A"Employer. 16.03 Employees who are laid off from one classification may displace (bumpd) another employee with lesser seniority in If a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who full time nurse is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, she shall have the option of bumping another employee pursuant transferring to part- time or casual status. If a part-time nurse is laid off, she shall have the above provisionsoption of transferring to casual status. e) In the event of the proposed layoff of a permanent or long term nature of full- time nurses, or being directly the Employer will provide the Union with thirty (30) days’ notice. f) Nurses who have been laid off by the Employer. 16.07 In all cases where one will be required to return to work within seven (17) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties days of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order receiving a notice of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 recall. Notice of recall shall will be sent by Registered Mail. The seven (7) days period may be extended to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from if the date nurse has obtained an alternate job and must give two (2) weeks’ notice to the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the other Employer. 16.10 Employee(sg) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off No new nurse will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, hired when there is a nurse(s) on layoff who is qualified to perform the available work as outlined in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (1813.01 b) monthsand c) above. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, the Employer determines it necessary to reduce the size of its workforce, the a) The Employer shall give written each employee in the Bargaining Unit, who has acquired seniority and who is to be laid off for a period of more than ten (10) weeks, notice to in writing of the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions shall be made off in accordance with the provisions hereinafter set forthfollowing schedule: Such notice will be handed to the employee and a signed acknowledgement requested if the employee is at work at the time the notice is ready for delivery. In the alternative, it shall be mailed by registered mail. 16.02 Employees within affected classifications b) The Employer shall be observe Bargaining Unit wide seniority in making lay-offs. A full-time employee who is laid off according to their relative seniority (within the department) with shall bump the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees in the program within the affected classifications are laid same classification provided that the laid-off firstemployee has the skill and qualifications to perform the work. For the purposes purpose of this article, department article CYW or bargaining unit shall mean the various positions included in Appendix "A"SCYW are classified as front line CYW. 16.03 Employees who are c) In all matters of recall the affected position will be subject to a job posting for full- time employees only. The employee on layoff shall be recalled to the available vacancy after the job posting procedure has been exhausted. Such recall shall be on the basis of their Bargaining Unit wide seniority d) No new employees shall be hired until all those laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within have been given an opportunity to return to work and have failed to do so or have been found unable to perform the same departmentwork available. 16.04 Employees who are bumped by a more senior e) Where the employee shall be able fails to bump another employee with lesser seniority in a lower rated classification pursuant notify the Employer or to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping processreturn to work, the employee who is bumped shall lose all seniority and unable be deemed to bump another employee pursuant to have quit the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option employ of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 f) In all cases where one (1) the event that a lay-off commences on the day immediately following a paid holiday, an employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is otherwise qualified for the position and able to perform the functions and duties holiday pay shall not be disentitled thereto solely because of the position into day on which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employmentcommenced. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where8:01 Employees will be retained, because laid-off or recalled to work in case of lack a reduction in the work force in accordance with seniority. The following procedure shall apply in the event of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, the Employer determines it necessary a lay-off and/or recall: (a) All probationary employees will be laid-off first on all three shifts. (b) If any further employees are to reduce the size of its workforce, the Employer shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such laybe laid-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions they shall be made in accordance with laid-off on a plant wide seniority basis, provided employees retained at work shall be qualified to do the provisions hereinafter set forth. 16.02 work available. Employees within affected department/classifications in which jobs have been eliminated, by inverse order of seniority within the department/ classification shall be notified (if employees are to be laid off according out of the plant, an equal number of junior plant wide seniority employees will receive layoff notices) of their right to exercise their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may to displace (bump) another an employee with lesser less seniority in a lower rated another department/classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall providing they have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position skill and able ability to perform the functions duties in the classification or until no employees are able to exercise bumping rights. If the layoff is reversed or a vacancy exists or is expected to exist or the classification again adds to itself, and duties of the position into recall will be for a greater duration than the provisions allow in Article 25, anyone effected in this procedure shall return to his/her former job or home department (subject to Article 8:03 (a). Conflicting shift schedule and unforeseen situations may arise during layoff, which he will prevent the company from immediately recalling individuals to their home classification. Such cases will be discussed with the committee person as they arise and agreed upon, and in such cases the Company may utilize Article 25. When jobs are being re-established, or a vacancy causes recall from layoff, the procedure will be as follows with employees being recalled to either their Home Department or their Former Job on a seniority basis: When an employee is attempting to bump, as determined by the Employer. 16.08 Recalls shall be recalled to their former job-Recall will be in seniority order. If an employee is recalled to their former job which is not their home department but one they had bumped into, they will be given the inverse order of layoption to return to their former job or stay at their present job. If an employee chooses to stay at their present job, they will lose recall rights back to their former job, but not their home department. The next employee with recall rights will be then recalled in accordance to this article. When an employee is to be recalled to their home department-off Recall will be in seniority order, and a laid off the employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mailwill not have an option, they must return. An employee who refuses may be recalled to their home department/classification before being recalled to their former job and will then lose recall or does not report for work within fourteen (14) days from the date the employee receives the rights back to their former job. Employees will always maintain recall notice, shall be considered rights back to have resigned his position and forfeits all rights to employment with the Employertheir home department/classification. 16.10 Employee(s(c) scheduled for lay-off Machinist, Millwrights and Electricians shall exercise their seniority within their specific classification before exercising their seniority plant wide, they shall not be subject to being bumped by other classifications unless by previous experience. Subject to the trial period Article 8:01 (d). (d) If a question arises as to whether an employee is qualified, he shall be given a maximum trial period of five (5) working days. During the five (5) day trial period, the employee will receive proper orientation and instruction and needs to be able to demonstrate they will be able to perform all aspects of the job level within a reasonable period of time. The employee will be paid accordingly to the level they can perform. In the case of the coiling department the employee would only have to demonstrate that they could perform the job at Entry level within a reasonable period of time providing however that a minimum of twenty(2/3) of the total number of coilers are at the Top Set-one Up level. (21e) The Company will give five (5) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain layoffs whenever possible and will supply the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded with a copy of all recall lists layoffs and recalls. 8:02 The three (3) members of the Plant Committee will be retained in the employ of the company during their respective term of office notwithstanding their position on the seniority list so long as work is available which they are made qualified to perform in accordance with the following. The Chairperson of the Plant Committee shall have top seniority. Providing there are 25 or more active employees, the highest seniority committeeperson will be retained. Providing there are fifty (50) or more active employees, the second committeeperson will be retained. (a) Recall from layoff shall be in the reverse order of the layoff procedure, provided that the person next to be recalled has the skill and ability to perform the job being re-established. If vacancies are created, whereas no employee currently in the plant (or laid off out of the plant for less than 6 months) hold recall rights, such vacancies will be posted in accordance with Article 26. Employees bumping or being recalled to a shift other than their current by shift, will take effect the Cityfollowing week. Such layoff will not take place until the bump can commence. (b) When the Company intends to recall and such recall is for a duration within the provision allowed in Article 25, then Article 25 will be utilized rather than recalling. If an employee being transferred also happens to have recall rights, such transfer will not be considered a recall. If an employee with recall rights is on the shift and in the selected department/classification that has the availability to transfer from, they will be given the first option to the transfer. If mutually agreed a recall may be initiated prior to utilizing a temporary transfer as per above. The only time Article 25 could be utilized prior to recall would be according to this clause 8:03 (b) and if agreed upon per 8:01 (b).

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, (a) Where the Employer determines intends to conduct a layoff, it necessary shall lay off nurses in inverse order of seniority provided that the nurses who are entitled to reduce remain are qualified to perform the size available work on the basis of its workforcetheir skill, ability, experience, qualifications, training and education established by the Employer. Observing the above mentioned conditions, a senior nurse designed for layoff may bump any employee with less seniority provided she has the requisite skills. (b) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer shall give written notice and the Union, provided that senior nurse is qualified to perform the Union President or his designee no less than twenty-one (21) days in advance available work on the basis of any such lay-offher skill, indicating how many employees will be affected ability, experience, qualifications, training and what department(s) are being reduced. Such reductions shall be made in accordance with education established by the provisions hereinafter set forthEmployer. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the departmentc) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in If a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who full time nurse is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, she shall have the option of bumping another employee pursuant transferring to part-time status. If a part-time nurse is laid off, she shall have the above provisions, option of transferring to casual status. (d) In the event of the proposed layoff of a permanent or being directly long term nature of full-time nurses the Employer will provide the Union with thirty (30) days notice. (e) Nurses who have been laid off by the Employer. 16.07 In all cases where one will be required to return to work within seven (17) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties days of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order receiving a notice of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 recall. Notice of recall shall will be sent by Registered Mail. The seven (7) day period may be extended to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from if the date nurse has obtained an alternate job and must give two (2) weeks’ notice to the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the other Employer. 16.10 Employee(s(f) scheduled The Employer agrees that it will endeavour to avoid lay-offs for full-time nurses during the life of this Collective Agreement, unless a Branch is closed or there is insufficient nurse volume/caseload for the Branch to handle with the number of full-time nurses at the Branch. The Employer retains the right to determine the composition of its nursing staff but will not lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the nurses who are full- time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, employees for the remainder sole purpose of the term of the recall period. The denial of an extension shall not be made in an arbitrary mannerremoving their status as full-time employees. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where24.01 In the event a staff reduction becomes necessary, because through a reduction of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, the Employer determines it necessary work to reduce the size of its workforce, be done the Employer shall give written notice lay off Employee(s) through the abolition of positions(s). The most senior Employee(s), subject to the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected ability and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisionsqualifications, shall be laid offretained. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of 24.02 A lay-off shall be defined as: a) for a full time Employee, a reduction of the hours of work as set out in 6.01 and 6.27; b) for OTFT-JS or OTFT-RPT Employees, a laid off employee reduction in the assigned number and/or length of shifts and/or work day(s) as set out in the Letter of c) the elimination or abolition of an Employee’s position 24.03 The Local of the Union shall retain his right to recall for eighteen (18) months from the date be given written notice of his impending lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within offs at least fourteen (14) days from prior to issuing notice of layoff to any Employees. The Employer and the date Local shall meet to discuss the employee receives details of the recall notice, implementation of Article 24. Permanent positions without permanent incumbents that have been filled on a temporary basis shall be considered posted and filled on a permanent basis prior to have resigned his position and forfeits all rights issuing any lay off notice. Where there are vacancies to employment be posted, the Employer shall advise the Local of such vacancies during discussions of impending lay-offs. Such vacancies shall be posted in accordance with the Employer. 16.10 Employee(s) scheduled for Article 23.01. Employees subject to lay-off shall be given notice as far as possible in advance in accordance with the Sections 42 and 43 of The Labour Standards Act, and in any case, a minimum of twenty-one four (214) days advance notice weeks notice. The effective date of lay-off. 16.11 Each notice of the lay-off shall contain be specified in the following information: 1) The reason for notice. A copy of the lay-off or displacement; 2) notice shall be forwarded to the Local of the Union at the same time as issued to an Employee. The date that Employer shall advise an Employee of her right to Union representation. A Union representative shall be present if the Employee so desires during discussions concerning lay off. Notwithstanding the lay-off procedures, the Employer and the Union can modify the procedures to take into account the desire of the parties to minimize the impact of the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employmentdeal with particular operational considerations. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because 12.01 In the event of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functionsa lay-off being considered, the Employer determines it necessary agrees to reduce meet with the size Union as soon as practical thereafter to discuss details of its workforcethe lay-off and to consider suggestions from the Union. 12.02 In the event of a lay-off, the least senior employee within the classification impacted by the lay-off shall receive a notice of lay-off. An employee about to be laid off may bump the most junior person in an equal or lesser paying classification providing the employee exercising such right is qualified to perform the work of the employee with less seniority. 12.03 In the event of a proposed lay-off, the Employer shall give written notice to will: (a) provide the Union President or his designee no and the affected employees with notice of such lay-off as soon as is reasonably possible, but in any case, not less than twenty-one ninety (2190) days in advance days’ notice of any such lay-off, indicating how many employees will be affected and what department(s; (b) are being reduced. Such reductions shall be made in accordance meet with the provisions hereinafter set forthUnion/Management Committee within five (5) working days of the day upon which the notice of lay-off was given to the Union to discuss the following: (i) the reasons for the lay-off (ii) concerns regarding existing client/professional relationships. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within iii) the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes method of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end implementation of the bumping process, lay-off including the employee who is bumped areas of cutback and unable the employees to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s(c) who are laid off, shall have When the option lay-off is the result of bumping another employee pursuant to an emergency beyond the above provisions, or being directly laid off by control of the Employer, the Union shall be notified as soon as possible and a meeting held as soon as practical. 16.07 In all cases where one (1) employee is exercising his 12.04 Employees shall be recalled in the order of their seniority to bump another employee, his right to bump into another department is subject to the conditions that he is provided they are qualified for the position and able to perform do the functions and duties of the position into which he is attempting to bump, as determined by the Employerwork available. 16.08 Recalls shall 12.05 No new employee will be in the inverse order of hired until qualified employees on lay-off and a laid off employee shall retain his right to recall have been given opportunity for eighteen (18) months from the date of his lay-offavailable work. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee 12.06 Individual employees who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-are being laid off shall be given notice or pay in lieu of notice in accordance with the Employment Standards Act, or as otherwise agreed between the Parties. It is understood that employees with less than two (2) years of service will receive a minimum of twenty-one two (212) weeks notice or pay in lieu of notice. Employees with more than two (2) years of service will receive a minimum of four (4) weeks notice or pay in lieu of notice. 12.07 The Employer agrees to pay its share of coverage for all employee benefit plans for employees laid off for periods of sixty (60) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date less provided that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee pays his/her share of the right to recall said benefit plans and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes conditional that an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder who takes employment outside of the term of the recall period. The denial of an extension bargaining unit shall not be made in an arbitrary mannerforfeit his/her rights under this Article. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because of lack of work, lack of funds or reorganization, (a) Where there is a reduction in the workload resulting in abolishment a surplus of jobs or functionsnurses, all temporary positions will be cancelled and nurses filling those temporary positions will be returned to their home positions before affecting a lay off. (b) Where there is a reduction in the workload in a program resulting in a surplus of nurses, and the Employer determines it necessary to reduce the size of its workforce, effects a lay off(s) the Employer shall give written notice lay off nurses in reverse order of seniority, within the program provided the nurses remaining are qualified to perform the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reducedavailable work. Such reductions Probationary nurses shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be first laid off. 16.06 Employee(s(c) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid Full-time and part-time lay off by the Employerwill be separate. 16.07 In all cases where one (1d) employee A nurse who has been notified of a temporary lay off may: i) Accept the lay off; or ii) Elect to transfer to a vacant position provided she or she is exercising his seniority qualified to bump another employee, his right to bump into another department is subject to perform the conditions that available work; or iii) Displace the least senior nurse in the bargaining unit whose work she or he is qualified for to perform. (e) A nurse who has been notified of a permanent lay off may: i) Accept the lay off; or ii) Opt to retire if eligible under the terms of the pension plan, or iii) Elect to transfer to a vacant position and able provided that she or he is qualified to perform the functions available work. iv) Displace the least senior nurse in the visiting nurse program who has lesser bargaining unit seniority and duties whose work the nurse subject to lay off is qualified to perform. The Employer will provide a familiarization period of the position into which he is attempting up to bumpthirty-seven point five (37.5) hours, as determined by the Employer. In the case of temporary or permanent lay off, a nurse shall indicate her decision within seventy-two (72) hours of notification. 16.08 Recalls shall be (f) No reduction in the inverse order hours of lay-off and a laid off employee work shall retain his right take place to recall for eighteen (18) months from prevent or reduce the date impact of his lay-lay off. 16.09 Notice (g) A reduction of full-time or part-time staffing complement is considered a lay off. (h) After a lay off, if there is a vacancy at the Branch, then such vacancy shall be posted. If the work a nurse was laid off from returns within twelve (12) months, then the recall provision shall be applied. The Employer will notify employees who are laid off about the existence of a vacancy prior to hiring new employees. Such notification shall be sent to the employee's last know address listed provided by the nurse and it is the nurse’s responsibility to provide the Employer with her current address. (i) Casual nurses will not be utilized while full-time or part-time nurses remain on lay off until the Employers records provisions of Article 10.13 have been met. (j) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed. (k) No new nurses shall be sent by certified mail. An employee hired until all those nurses who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of retain the right to recall and re-employmentbe recalled have been given an opportunity to return to work. 16.12 In the event (l) Temporary lay off will be defined as a lay off of extenuating circumstances six (6) weeks and not more than thirteen (13) weeks, which is required due to a reduction in workload. When such as illness, injury, or other good cause preventing the employee from returning within the time limit abovelay off is required, the City may, at its sole discretion, grant a reasonable extension, not to exceed staff affected will be given thirty (30) dayscalendar days advance notice. In When such lay off is required the event such illness or injury precludes an employee from returning Association will be notified and a meeting will be held between the parties to work within discuss the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, reasons for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary mannerlay off. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on (m) Permanent lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, defined as determined by the Employer, a lay off that will exceed thirteen (13) weeks due to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification a reduction in the event it becomes available within eighteen workload. Any nurse affected by such a lay off will be given thirty (1830) months. 16.14 Recall lists shall be kept current by the Citycalendar days notice. The Union President shall be furnished and/or forwarded a copy of all recall lists Employer will comply with the provisions as they are made current by the Cityoutlined below in permanent and long-term actual numbers.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because REGULAR FULL-TIME & REGULAR PART-TIME NURSES 13.01 All cases of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, the Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions off shall be made in accordance with the provisions hereinafter set forth.governed as follows: 16.02 Employees within affected classifications shall (a) Regular full-time and regular part-time nurses will be laid off according to their relative seniority (within the department) with the least senior employee being separately. Nurses will laid off firstin reverse order of their seniority, providing and separately at the Centre or at their home location, provided that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees nurses who are laid off from one classification may displace (bump) another employee with lesser entitled to remain based on their seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position willing and able to perform the functions and duties of remaining work available. i) The Employer shall provide the position into which he is attempting to bump, as determined local representative identified by the Employer. 16.08 Recalls shall be in Association and the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen Labour Relations Officer with sixty (1860) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) calendar days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice ii) Meet with the Local Association’s negotiation team and the Labour Relations Officer to review the reasons causing the lay-off, approximate number of nurses that will be affected, and the method of implementation. iii) Any agreement between the Employer and the Local Association resulting from the review above concerning the method of implementation will take precedence over the terms of this Article. iv) Notice of lay-off shall contain to the following information:individual nurse(s) may run concurrently with notice to the Local Representative identified by the Association and the Labour Relations Officer. 1v) The reason for In any event, the notice or lay-off or displacement;referred to in iv) and i) above shall not be less than what is required under the provisions of the Employment Standards Act. 2(c) The date that A nurse who is notified of a lay-off may: i) accept the lay-off or displacement becomes effective;off; or 3ii) The employee's seniority date in opt to retire, if eligible under the classification; 4) A statement advising the employee terms of the right Pension Plan as outlined in Article 25.03; or iii) displace another nurse who has lesser bargaining unit seniority at any location and whose work the nurse, subject to recall and relay-employmentoff, is qualified to perform; or iv) opt to receive severance payment. 16.12 In the event of extenuating circumstances such (d) i) Nurses who displace other nurses as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed provided for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.Article 13.01

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because 11.01 In cases of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, the Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according in the reverse order of seniority, provided that employees being retained have the qualifications and ability to their relative seniority (within perform the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off firstwork available. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able recalled in the order of seniority, provided they have the qualifications and ability to bump another perform the work available. In the event the Board intends to recall an employee with lesser out of order of seniority in or to hire a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the new employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who while employees are laid off, the Board agrees to notify senior employees who have not been recalled of the job vacancy or vacancies. Such notice shall have the option of bumping another employee pursuant be in writing by registered mail to the above provisionsaddress of the employee as shown in the Board's records. Both the Union and the Board encourage employees to ensure that the Board has accurate and updated information with respect to previous work, or being directly experience, levels of education, diplomas, degrees, and courses taken so as to assist in the assessment of qualifications and abilities of employees. 11.02 The Employer shall notify employees who have completed their probationary period who are to be temporarily laid off by as follows: (a) ten (10) working days’ notice to employees whose seniority as of the Employer. 16.07 In all cases where date of commencement of lay-off is less than one (1) employee is exercising his year, or (b) twenty (20) working days’ notice to employees whose seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties as of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order date of commencement of lay-off and is one (1) year or more. In the event of a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for proposed permanent lay-off shall be given due to a minimum school closure or elimination of twenty-one funding, the Employer shall: (21c) days advance provide the Union with no less than three (3) months written notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for proposed lay-off or displacement;elimination of position; and 2(d) The date that notify employees, who are to be laid off, three (3) months before the lay-off or displacement becomes is to be effective;. 3) The employee's seniority date in the classification; 4) A statement advising 11.03 If the employee laid off has not had the opportunity to work the full notice period to which he/she is entitled, he/she shall be paid in lieu of work for that period of the right to recall and re-employmentnotice period during which work was not made available. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, 11.04 It is understood that those persons who are not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning scheduled to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension during school vacation periods shall not be made in an arbitrary mannerconsidered on lay-off for purposes of this Article. 16.13 In the event 11.05 The parties agree that a job opening occurs in a lower rated classification, the most senior employee on lay lay-off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by deemed to have occurred if the Employer, to perform as a result of a shortage of work, reduces the regular scheduled hours of work in question. If of an employee. 11.06 It shall be the obligation of the employee accepts to notify the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists Board of any changes of address. The Board shall be kept current entitled to rely upon the last address furnished by the City. The Union President shall be furnished and/or forwarded a copy of employee for all recall lists as they are made current by the Citypurposes.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because REGULAR FULL-TIME & REGULAR PART-TIME NURSES 13.01 All cases of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, the Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum governed as follows: (a) Temporary nurses will be laid off first prior to regular full-time and regular part-time nurses, regular full-time and regular part-time nurses will be laid off separately. Nurses in affected classifications will be laid off in reverse order of twenty-one their seniority within their home location, provided that nurses who are entitled to remain based on their seniority are able to perform the remaining available work. i) The Employer shall provide the local representative identified by the Union and the Labour Relations Officer with sixty (2160) calendar days advance notice of lay-off. 16.11 Each notice ii) Meet with the Union’s negotiation team and the Labour Relations Officer to review the reasons causing the lay-off, approximate number of nurses that will be affected, and the method of implementation. iii) Any agreement between the Employer and the Union resulting from the review above concerning the method of implementation will take precedence over the terms of this Article. iv) Notice of lay-off shall contain to the following information:individual nurse(s) may run concurrently with notice to the Local Representative identified by the Union and the Labour Relations Officer. 1v) The reason for In any event, the notice or lay-off referred to in iv) and i) above shall not be less than what is required under the provisions of the Employment Standards Act. (c) Following the provision of notice of layoff to the Union pursuant to Article 13.01 (b) i), and before issuing notice of layoff to individual nurses, the Employer will make offers of voluntary severance in accordance with the following conditions: i) The Employer will first make offers in order of seniority in the departments (s) where layoffs would otherwise occur to nurses (excluding casual and temporary) eligible for early retirement under the Employer pension plan (including regular part-time, if applicable, whether or displacement;not they participate in the Employer pension plan). Further, these offers will be made to nurses in the same department/program, classification and status as those who would otherwise be given notice of layoff. ii) Should an insufficient number of nurses volunteer pursuant to (i) above, the Employer will then make offers to all other nurses (excluding casual and temporary) in the same department/program, classification and status as those who would otherwise be given notice of layoff. iii) The number of voluntary severance offers that the Employer approves will not exceed the number of nurses who would otherwise be laid off. The Employer shall grant requests for voluntary severance in order of seniority, subject to (i) and (ii) above, provided that operational requirements are maintained to the sole satisfaction of the Employer. A nurse may not revoke their acceptance of a voluntary severance offer once they are approved by the employer. iv) A nurse who is approved for voluntary severance shall receive, following completion of the last day of work, a severance payment of two (2) The weeks’ salary for each year of service, to a maximum of fifty-two (52) weeks’ salary. In the case of regular part-time nurses, the severance payment will be calculated by determining the average weekly salary earned by the nurse in the twenty (20) week period immediately preceding the date that of layoff. (d) A nurse who is notified of a lay-off may: i) accept the lay-off or displacement becomes effective;off; or 3ii) The employee's displace another nurse who has lesser seniority date and is the least senior in the classification;bargaining unit at any location and whose work the nurse, subject to lay-off, is qualified to perform; or 4iii) A statement advising the employee opt to receive severance payment of the right two (2) weeks’ salary for each year of service, to recall and rea maximum of fifty-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty two (3052) daysweeks’ salary. In the event such illness or injury precludes an employee case of regular part-time nurses, the severance payment will be calculated by determining the average weekly salary earned by the nurse in the two (20) week period immediately preceding the date of layoff. (e) i) Nurses who displace other nurses as provided for in Article 13.01 (d) ii) above and nurses who have been recalled from returning to work within the time limit above (including extension), such employee lay-off shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall periodprovided orientation (training) if required. The denial length of an extension such orientation (training) shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform Employer as per the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) monthsestablished guideline set out for orientation. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because a. A layoff shall be defined as a reduction of lack the number of employees in the bargaining unit. It is understood that reductions in normal hours of work due to fluctuations in business volumes shall not be considered to be a layoff. In event of such a reduction in the normal hours of work, lack part-time employees will have their scheduled hours reduced prior to the scheduled hours of funds or reorganization, resulting in abolishment of jobs or functions, full-time employees. b. Where the Employer determines intends to conduct a layoff, it necessary to reduce the size of its workforce, the Employer shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions shall be made done in accordance with inverse order of seniority within the provisions hereinafter set forth. 16.02 Employees within affected classifications team or assigned geographic area provided that the nurses who are entitled to remain are qualified to perform the available work on the basis of their skill, ability, experience, qualifications, training and education established by the employer. Where a “team” or “geographic” area structure does not exist, nurses shall be laid off according to their relative in inverse order of seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A"as a whole. 16.03 Employees c. A nurse who are laid off from one classification may displace (bump) another employee with lesser seniority in has been notified of a lower rated classification within layoff may: i. Accept the same department.layoff and be placed on the recall list; or 16.04 Employees who are bumped by a more senior employee shall be able ii. Elect to bump another employee with lesser seniority in a lower rated classification pursuant transfer to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable an available vacant position or to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he casual status provide she is qualified for the position and able to perform the functions available work; or iii. Displace a nurse who has lesser bargaining unit seniority, provided she is qualified and able to perform the duties of the position into Nurse she displaces. Part-time nurses may only displace part-time nurses but a full-time nurse may displace another full- time or a part-time nurse. A Nurse shall indicate her decision as to which he option she is attempting selecting within five (5) calendar days of notification of layoff. d. Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that the senior nurse is qualified to bumpperform the available work on the basis of her skill, as determined ability, experience, qualifications, training and education established by the Employeremployer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 e. In the event of extenuating circumstances such as illness, injury, the proposed layoff of a permanent or other good cause preventing the employee from returning within the long term nature of full-time limit aboveor part-time nurse, the City mayEmployer will meet with the Union to review the reasons causing the layoff, at its sole discretion, grant a reasonable extension, not within 60 days of the impending layoff. f. Nurses who have been laid off will be required to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning return to work within the time limit above seven (including extension), such employee shall 7) days of receiving a notice of recall. Notice of recall will be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall periodby Registered Mail. The denial of an extension shall not seven (7) day period may be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, extended to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.fourteen

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, An employee who is subject to lay-off shall have the Employer determines it necessary right to reduce either: i) accept the size of its workforce, the Employer shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off; or ii) displace a junior employee, indicating how many employees will be affected and what department(s) are being reducedin the same classification or, where there is no such employee, displace a junior employee in a lower classification if the employee can perform duties without training other than orientation. Such reductions employee so displaced shall be made laid- off subject to the above provisions in accordance with this paragraph 16.01. iii) displace a junior part-time employee, in the same classification, or where there is no such employee, displace a junior part-time employee in a lower classification, if the employee can perform the duties without training other than orientation. Such employee so displaced shall be laid-off subject to the lay-off provisions hereinafter set forthin the Collective Agreement. For the purpose of this provision, the seniority of full-time and part-time employees shall be compared as provided in the Article 14.01 (a) and (b). 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be recalled in the inverse reverse order of lay-off and a provided that the employee is qualified to perform the available work. 16.03 No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Service in accordance with Article 16.04 and subject to 16.02 above. 16.04 It is the sole responsibility of the employee who has been laid off to notify the Hearst, Kapuskasing, Smooth Rock Falls Counselling Services of her intention to return to work within ten (10) working days after being notified to do so by registered mail, addressed to the last address on record with the Services (which notification shall retain his right be deemed to recall for eighteen (18) months from have been on the fifth day following the date of his lay-off. 16.09 Notice of recall shall be sent mailing) and to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning return to work within the time limit above ten (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner10) days after being notified. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 WhereA. Nothing in this contract shall prevent the school district from reducing its work force when conditions of work load, because school attendance, physical condition of lack premises or economics of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, the Employer determines it necessary to reduce the size of its workforce, the Employer School District shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such so dictate. B. The word "lay-off" means a reduction in the working force. C. No employee shall be laid-off unless said employee shall first have been notified 30 (thirty) days prior to effective date of the lay-off. The Board shall not be required to give such notice in the event of an emergency. D. If a reduction in the work force becomes necessary, indicating how many the following procedure will be mandatory. Probationary employees will be affected and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid laid-off according to their relative seniority (within as defined by Article IX. In no case shall a new employee be hired by the department) with employer while there are still qualified laid- off employees. Employees whose positions have been eliminated due to a reduction in the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid offwork force, shall have the option right to assume a position for which they are qualified and which is held by a less seniored employee. In the event of bumping a reduction in the work hours in a department or classification, an employee may claim seniority over another employee pursuant to for the above provisionspurpose of maintaining his/her normal work schedule, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his provided he/she has greater seniority to bump another employee, his right to bump into another department is subject to the conditions that he and is qualified for the position and able to perform the functions and duties work of the position into which he is attempting person he/sh~ seeks to bump, as determined by the Employer. 16.08 Recalls replace. Laid-off qualified employees shall be in the inverse order of recalled on a seniority basis. The most senior qualified employee on lay-off and a laid off will be the first employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice recalled. Notices of recall shall be sent by certified or registered mail to the employee's last known address listed as shown on the Employers records and Employer's record. It shall be sent by certified mailthe responsibility of the employee to keep an up-to-date address filed with the District. An A recalted employee who refuses recall or does not report for work within fourteen shall be given 5 (14five) days from the date of receipt of the notice of recall to report to work. The Employer may temporarily fill the position until the recalled person is able to report for work. Employees recalled to work are obligated to take such work. An employee receives the who fails to respond to recall noticeto perform work shall lose rights to seniority as, described in Article IX and X. Employees shall be considered entitled to have resigned his position and forfeits .recall for up to 4 (four) years. In the event of lay-off~ for any reason, the Employer agrees to provide the Employees, through its local unit, a list of all rights em-ployees involved on the same day noti.fication is given to employment with the Employer. 16.10 Employee(s) scheduled for individual employees. Any bargaining unit member on lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-offpreference in hiring for any position in ,thedistrict for which he/she is qualified. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Master Agreement

LAY-OFF AND RECALL. 16.01 Where13.01 For full-time nurses, because lay-off shall mean the discontinuation of a full-time position due to lack of workwork or reduction or discontinuation of a service or services. For regular part-time nurses, lay-off shall mean the discontinuation of a part-time position due to lack of funds work or reorganization, resulting in abolishment reduction or discontinuation of jobs a service or functionsservices. 13.02 In the event of a proposed layoff at the Centre of a long term nature affecting full- time and/or part-time nurses, the Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice to Centre shall: (a) provide the Union President or his designee with no less than twenty-one ninety (2190) days in advance written notice of any such lay-off, indicating how many employees layoff and 60 days to the individuals who will be affected subject to layoff; and (b) meet with the Association to review the following: i) the reasons causing layoff; ii) identification of and what department(sproposal of possible alternatives to the anticipated layoff; iii) are being reducedthe method of implementation including the areas of cut-back and the nurses to be laid off. Such reductions It is understood that a long term layoff means a layoff that will be more than eight (8) weeks. (a) The parties agree that full time and part time layoff and recall rights shall be made in accordance with the provisions hereinafter set forthseparate. 16.02 Employees within affected classifications (b) Probationary and temporary employees shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included first in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to of layoff provided that the conditions that he is nurses who remain are qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employeravailable work. 16.08 Recalls (c) A layoff of full-time and/or part-time nurses shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed made on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall noticebasis of seniority, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date provided that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall nurses who remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, are qualified to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) monthswork. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy (d) A nurse who has been notified of all recall lists as they are made current by the City.an impending layoff may: i) resign ii) retire

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where13.01 Should a fire, because flood, explosion, Act of lack God, or any unforeseeable work stoppage by employees of workan airline, lack or circumstances beyond the control of funds or reorganization, resulting in abolishment of jobs or functions, the Employer determines Company make it necessary to reduce the size of its workforceworking force, the Employer employees affected thereby shall give written notice be laid-off by classification seniority and the qualifications to do the necessary work, within twenty-four (24) hours from the commencement of the work stoppage. In the event of a partial resumption of operations, the employees affected shall be recalled by classification seniority provided they are qualified to do the necessary work. (a) The Company has the right to lay-off employees to the Union President or his designee no less than twenty-one (21) days in advance extent it determines necessary. In the event of any such a lay-off, indicating how many the Company shall lay- off in reverse order of classification seniority provided the remaining employees will be affected and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to ability and the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able certificates to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employerwork. 16.08 Recalls shall be (b) The Company agrees to inform the Union in the inverse order event of any lay-off and, if requested by the Union, meet to discuss displacement rights of the employee(s). (c) In the event of an operational change affecting at least fifteen percent (15%) of the Bargaining Unit the parties agree to meet and a laid off employee shall retain his right review the status of full-time and part-time positions prior to recall for eighteen (18) months from the date of his any lay-off. 16.09 Notice of recall (d) Employees shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within receive at least fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for notice of a lay-off that affects at least fifteen percent (15%) of the Bargaining Unit. 13.03 Employees who have been laid off shall be given a minimum of twenty-one (21) days advance notice listed according to classification seniority including the date of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall , and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the classification seniority list for recall listfor twelve (12) consecutive months or the length of their Site seniority to a maximum of twenty-four (24) months. If not recalled to work during that time, for the remainder of the term of the recall period. The denial of an extension his name shall not be made in an arbitrary mannerremoved from all seniority lists. 16.13 In the event 13.04 An employee recalled from a job opening occurs in a lower rated classification, the most senior employee on lay off layoff will be recalled and given done so by classification seniority provided the option of accepting remaining employees in the job or not, provided he has classification have the ability and qualifications, as determined the certificates to perform all of the work. 13.05 Recall shall be by Registered Mail to the address last filed by the Employeremployee with the Company, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current or by the Citypersonal interview. The Union President shall be furnished and/or forwarded receive a copy of each Letter of Recall and notification of each recall made by personal interview. A laid-off employee with seniority must keep the Company informed of any change of address by Double Registered Mail. 13.06 If within seven (7) working days after the date of receipt of Notice of Recall, an employee shall have failed to notify the Company that he intends to return to work or if within ten (10) working days of the same date, an employee shall have failed to return to work or to have satisfied the Company that he is unable to return because of accident or illness or other sufficient cause, he shall lose all recall lists as they are made current by seniority and his name shall be removed from the Cityseniority list.

Appears in 1 contract

Samples: Collective Agreement

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LAY-OFF AND RECALL. 16.01 Where, because 26.01 A lay-off 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 In the event of a reduction in the work force, lack employees will be laid-off in reverse order of funds or reorganizationseniority, resulting in abolishment provided that there are available employees with greater seniority who have the capabilities and qualifications to do the work of jobs or functions, the Employer determines it necessary employees laid off. (a) Employees to reduce the size of its workforce, the Employer shall give be laid off will be given at least four (4) weeks written notice of lay-off or equivalent pay in lieu of notice. Written notice shall be given by personal service or by registered mail to the Union President employee(s) concerned and a copy of the notice forwarded to the Institute. (b) An employee receiving notice of lay-off shall choose one of the following options: 1. displace, if possible, a less senior employee in an equal or lower classification providing he is capable and qualified to perform the work required; or 2. accept the lay-off and advise the Centre of his designee no less than twenty-one (21) days in advance of any such willingness to work on a casual basis while laid off; or, 3. accept the lay-off, indicating how many employees will be affected and what department(s) are being reducedno desire to work on a casual basis. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior An employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes who displaces into a position offering fewer committed hours of this article, department work or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in into a lower rated classification within the same department. 16.04 Employees classification, or who are bumped by accepts a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid lay-off, shall have the option of bumping another employee pursuant retain recall rights to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where an equal position in his former classification until one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting following occurs: 1. she fails to bump, as determined by report to work following notice of recall being properly served; 2. she applies for and receives a posted vacant position; 3. she voluntarily terminates his employment with the Employer.Centre; or, 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen 4. three (183) months years elapse from the effective date of his lay-off. 16.09 Notice (a) No lay-off of full-time or part-time employees shall occur when casual employees are being employed, unless no full-time or part-time employee on staff is qualified, competent and willing to fill the position(s) in question. (b) Available shifts shall be offered firstly to competent, qualified laid off employees who have advised the Centre of their willingness to work on a casual basis, secondly to part-time employees as per Article 8.02, and, lastly, to casual employees. 26.05 No new employees will be hired when other employees are on layoff except for reasons of a special skill requirement. 26.06 Employees shall be recalled in order of their seniority provided they are qualified to perform the required work. Such recall shall be sent made by registered mail or by personal service. A person who is laid-off must communicate with the Centre within 7 calendar days of notice of recall being mailed by registered mail to the employeeperson's recorded address listed on and must be prepared to begin work at a time designated by the Employers records Centre. 26.07 To be eligible for recall, employees must file their names and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment address with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice Centre at the time of lay-off and each six months thereafter. 26.08 Failure to notify the Centre as specified in clause 26.06 shall contain result in the following informationemployee being placed last on the recall list. 26.09 The right of a person who has been laid-off to be rehired under this Agreement will be forfeited when the employee fails to report for work unless, on reasonable grounds, he is unable to do so. (a) When working available shifts, laid-off employees shall be paid at their former rate of pay in accordance with Articles 25 and 40. (b) In the event that an employee accepts additional available shifts, the provisions of the Collective Agreement shall be applicable except as modified hereinafter: 1(i) The reason Vacation pay shall be calculated in accordance with Article 17.03 and shall be paid at the prevailing rate for laythe employee on each pay cheque, and shall be prorated on the basis of hours paid at the regular rate of pay. (ii) Sick leave credits shall be accumulated on a pro-rated basis based on hours worked by the laid-off or displacement;employee. 2(iii) The date that In the event the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within is longer than eighteen (18) monthsweeks, seniority shall be calculated in accordance with regular hours worked. 16.14 Recall lists (iv) The employee shall be kept current by paid four and one-quarter (4 1/4%) of the Citybasic rate of pay in lieu of time off on General Holidays. The Union President Such holiday pay shall be furnished and/or forwarded a copy calculated on all paid hours and shall be included in each pay cheque. (v) Participation in benefit plans is subject to the provisions of all recall lists as they are made current by each plan. Any period of time during the Citylay-off when the employee works additional shifts shall not extend the three (3) year period referenced in Article 26.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because a. A layoff shall be defined as a reduction of lack the number of employees in the bargaining unit. It is understood that reductions in normal hours of work due to fluctuations in business volumes shall not be considered to be a layoff. In event of such a reduction in the normal hours of work, lack part-time employees will have their scheduled hours reduced prior to the scheduled hours of funds or reorganization, resulting in abolishment of jobs or functions, full-time employees. b. Where the Employer determines intends to conduct a layoff, it necessary to reduce the size of its workforce, the Employer shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions shall be made done in accordance with inverse order of seniority within the provisions hereinafter set forth. 16.02 Employees within affected classifications team or assigned geographic area provided that the nurses who are entitled to remain are qualified to perform the available work on the basis of their skill, ability, experience, qualifications, training and education established by the employer. Where a “team” or “geographic” area structure does not exist, nurses shall be laid off according to their relative in inverse order of seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A"as a whole. 16.03 Employees c. A nurse who are laid off from one classification may displace (bump) another employee with lesser seniority in has been notified of a lower rated classification within layoff may: i. Accept the same department.layoff and be placed on the recall list; or 16.04 Employees who are bumped by a more senior employee shall be able ii. Elect to bump another employee with lesser seniority in a lower rated classification pursuant transfer to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable an available vacant position or to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he casual status provide she is qualified for the position and able to perform the functions available work; or iii. Displace a nurse who has lesser bargaining unit seniority, provided she is qualified and able to perform the duties of the position into Nurse she displaces. Part-time nurses may only displace part-time nurses but a full-time nurse may displace another full-time or a part-time nurse. A Nurse shall indicate her decision as to which he option she is attempting selecting within five (5) calendar days of notification of layoff. d. Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that the senior nurse is qualified to bumpperform the available work on the basis of her skill, as determined ability, experience, qualifications, training and education established by the Employeremployer. 16.08 Recalls shall be in e. In the inverse order event of laythe proposed layoff of a permanent or long term nature of full-off and a time or part-time nurse, the Employer will meet with the Union to review the reasons causing the layoff, within 60 days of the impending layoff. f. Nurses who have been laid off employee shall retain his right will be required to recall for eighteen return to work within seven (187) months from the date days of his lay-off. 16.09 receiving a notice of recall. Notice of recall shall will be sent by Registered Mail. The seven (7) day period may be extended to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from if the date the employee receives the recall notice, shall be considered to have resigned his position nurse has obtained an alternate job and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.must give two

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because 26.01 A lay-off 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 In the event of a reduction in the work force, lack employees will be laid-off in reverse order of funds or reorganizationseniority, resulting in abolishment provided that there are available employees with greater seniority who have the capabilities and qualifications to do the work of jobs or functions, the Employer determines it necessary employees laid off. (a) Employees to reduce the size of its workforce, the Employer shall give be laid off will be given at least four (4) weeks written notice of lay-off or equivalent pay in lieu of notice. Written notice shall be given by personal service or by registered mail to the Union President employee(s) concerned and a copy of the notice forwarded to the Institute. (b) An employee receiving notice of lay-off shall choose one of the following options: 1. displace, if possible, a less senior employee in an equal or lower classification providing he is capable and qualified to perform the work required; or 2. accept the lay-off and advise the Centre of his designee no less than twenty-one (21) days in advance of any such willingness to work on a casual basis while laid off; or, 3.accept the lay-off, indicating how many employees will be affected and what department(s) are being reducedno desire to work on a casual basis. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior An employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes who displaces into a position offering fewer committed hours of this article, department work or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in into a lower rated classification within the same department. 16.04 Employees classification, or who are bumped by accepts a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid lay-off, shall have the option of bumping another employee pursuant retain recall rights to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where an equal position in his former classification until one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting following occurs: 1. she fails to bumpreport to work following notice of recall being properly served; 2.she applies for and receives a posted vacant position; 3. she voluntarily terminates his employment with the Centre; or, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen 4.three (183) months years elapse from the effective date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14a) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for No lay-off of full-time or part-time employees shall occur when casual employees are being employed, unless no full-time or part-time employee on staff is qualified, competent and willing to fill the position(s) in question. (b) Available shifts shall be given offered firstly to competent, qualified laid off employees who have advised the Centre of their willingness to work on a minimum of twentycasual basis, secondly to part-one (21) days advance notice of lay-offtime employees as per Article 8.02, and, lastly, to casual employees. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off 26.05 No new employees will be recalled and given the option hired when other employees are on layoff except for reasons of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) monthsa special skill requirement. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because a. A layoff shall be defined as a reduction of lack the number of employees in the bargaining unit. It is understood that reductions in normal hours of work due to fluctuations in business volumes shall not be considered to be a layoff. In event of such a reduction in the normal hours of work, lack part-time employees will have their scheduled hours reduced prior to the scheduled hours of funds or reorganization, resulting in abolishment of jobs or functions, full-time employees. b. Where the Employer determines intends to conduct a layoff, it necessary to reduce the size of its workforce, the Employer shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions shall be made done in accordance with inverse order of seniority within the provisions hereinafter set forth. 16.02 Employees within affected classifications team or assigned geographic area provided that the nurses who are entitled to remain are qualified to perform the available work on the basis of their skill, ability, experience, qualifications, training and education established by the employer. Where a “team” or “geographic” area structure does not exist, nurses shall be laid off according to their relative in inverse order of seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A"as a whole. 16.03 Employees c. A nurse who are laid off from one classification may displace (bump) another employee with lesser seniority in has been notified of a lower rated classification within layoff may: i. Accept the same department.layoff and be placed on the recall list; or 16.04 Employees who are bumped by a more senior employee shall be able ii. Elect to bump another employee with lesser seniority in a lower rated classification pursuant transfer to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable an available vacant position or to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he casual status provide she is qualified for the position and able to perform the functions available work; or iii. Displace a nurse who has lesser bargaining unit seniority, provided she is qualified and able to perform the duties of the position into Nurse she displaces. Part-time nurses may only displace part-time nurses but a full-time nurse may displace another full-time or a part-time nurse. A Nurse shall indicate her decision as to which he option she is attempting selecting within five (5) calendar days of notification of layoff. d. Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that the senior nurse is qualified to bumpperform the available work on the basis of her skill, as determined ability, experience, qualifications, training and education established by the Employeremployer. 16.08 Recalls shall be in e. In the inverse order event of laythe proposed layoff of a permanent or long term nature of full- time or part-off and a time nurse, the Employer will meet with the Union to review the reasons causing the layoff, within 30 days of the impending layoff. f. Nurses who have been laid off employee shall retain his right will be required to recall for eighteen return to work within seven (187) months from the date days of his lay-off. 16.09 receiving a notice of recall. Notice of recall shall will be sent by Registered Mail. The seven (7) day period may be extended to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from if the date nurse has obtained an alternate job and must give two (2) weeks’ notice to the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the other Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off g. No new nurses will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, hired when there is a nurse(s) on layoff who is qualified to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) monthswork. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where8.01 SHORT-TERM LAY-OFF (i) Where an employee is to be laid off for not more than four weeks in 12 consecutive months, because of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functionsi.e. consecutive and/or staggered days, the Employer determines it necessary employer will identify the least senior employee in a position with the Peterborough Housing Corporation to reduce be laid off. The employee concerned shall receive four weeks' notice of layoff in writing, with a copy to the size of its workforceunion. (ii) If more than one employee is to be laid off, the Employer Peterborough Housing Corporation may implement rotational layoffs and/or corporate closures, ensuring that seniority is taken into account in the position identified. a) For a layoff of a set period of consecutive days, the employees to be laid off shall give written be given four weeks' notice in writing, with a copy to the Union President union. b) For layoffs involving single rotational days, the employees affected shall be given notice in writing, with a copy to the union, four weeks prior to the first layoff occurrence in the position identified. c) For closure days affecting all bargaining unit employees in the Peterborough Housing Corporation, four weeks' notice shall be provided to both the employees and the union prior to the first closure day. (iii) Employees on temporary layoff shall not have access to displacement rights. (iv) When a position has been identified for short-term layoff, any temporary employee performing bargaining unit work shall be laid off before a permanent employee. This provision shall not apply to a temporary employee replacing a permanent employee on a leave of absence, or his designee in cases where the temporary employee is performing work which no less than twentypermanent bargaining unit employee is fully qualified to perform. 8.02 LONG-one (21) days TERM LAY-OFF Definition of Lay-off‌ A lay-off shall be defined as an elimination of a position and/or a reduction in advance hours of any full-time and/or part-time position. Where an employee is to be laid off by reason of shortage of work or funds, or the abolition of a position, or other material change in the organization, the following procedure will apply: i) The Peterborough Housing Corporation will identify the least senior employee within the affected position as surplus, based on the seniority in effect as of that date within the Peterborough Housing Corporation. ii) Where such an employee is identified as surplus, the employee will have the right to: (a) Accept a reassignment to another permanent vacancy for which the surplus employee is qualified and capable of performing; or (b) Elect not to be reassigned to a permanent vacant position and work the remainder of their notice period; or (c) Resign and receive the provisions of Article 8.04; (i) Where there is no vacancy under (a) a surplus employee may displace an individual if that surplus employee has greater seniority and is capable and qualified to perform the duties of the position. (ii) Employees who intend to exercise displacement rights must indicate their decision in writing to the General Manager not later than 10 working days from the date of receiving surplus notice. (e) Where any permanent employee is declared surplus and is assigned to a lower classification (including where displacements is necessary), the employee shall have the option to accept the salary of the lower classification or accept the lay-off, indicating how many employees will be affected and what department(safter a notice period of thirty (30) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forthdays. 16.02 Employees within affected classifications (f) For the purpose of this clause, no surplus employee shall displace an employee in a higher classification. (g) When a position has been identified for long-term layoff, any temporary employee performing bargaining unit work shall be laid off according before a permanent employee. This provision shall not apply to their relative seniority (a temporary employee replacing a permanent employee on a leave of absence, or in cases where the temporary employee is performing work which no permanent bargaining unit employee is fully qualified to perform. 8.03 Where the employee fails to exercise the employee's rights under 8.02, or where no suitable vacancy exists within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping processPeterborough Housing Corporation, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another 8.04 When a permanent employee pursuant is to the above provisions, or being directly be laid off by for more than eight (8) weeks, the Employer. 16.07 In all cases where one employee shall be provided with eight (1) employee 8) weeks notice in writing. If it is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified not possible for the position and able employer to perform provide eight (8) weeks notice, the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall receive regular pay for eighteen the eight (18) months from the date 8) weeks in lieu of his lay-off. 16.09 Notice working. A copy of recall this notice shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee President of the right to recall and re-employmentCUPE local. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because 14.01 In the event that a reduction of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functionsthe nursing staff is required, the Employer determines it necessary agrees that the most junior employee will be laid off first, provided that the employees who remain are willing and have the qualifications, skills and ability to reduce perform the size of its workforcework available. When recalling employees after layoff, those last to be laid off will be the first to be recalled provided that in each case, the employee is qualified and has the skill and ability to perform the work. (a) The layoff and recall of registered nurses shall be separate and apart from the layoff and recall of registered practical nurses. (b) Full-time layoff and recall shall be separate from part-time layoff and recall. (c) Where a vacancy occurs in a position following a layoff hereunder, the affected employee will be offered the opportunity to return to her former position providing she has recall rights and is qualified, having the skill, ability and experience to perform the available work. Where the employee returns to her former position there shall be no obligation to consider the vacancy under Article 13.01. 14.03 The Employer will endeavour to provide the Union with as much advance notice as possible of any permanent layoff. The Employer shall give written provide the employees with notice to the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions shall be made permanent layoff in accordance with the provisions hereinafter set forthEmployment Standards Act. The Employer agrees to meet with the Union to discuss the reasons for the layoff. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 14.04 Notice of recall shall be sent by registered mail to the employee's ’s last known address listed on file. The employee is solely responsible for her proper address being on record with the Employers records Employer. The employee must respond, in writing, to the notice within five (5) calendar days of mailing of same and shall be sent by certified mailavailable for work within an additional seven (7) calendar days. An In the event that the employee who refuses recall declines or does not report for work within fourteen (14) days from the date the employee receives the recall noticerespond, she shall lose all seniority and shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-her employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, 19.1 The continuity of service of those re-employed after lay-offs will be reviewed at the time of re-employment and in each case the employee will be notified if service is re-stored or broken. Continuity of service is broken and employment terminated if an employee: a) Leaves voluntarily or is discharged, b) Absents himself from duty for five consecutive days or longer without satisfactory explanation, c) Is absent because of injury or illness and fails to keep the Company notified monthly, d) Is not re-employed within one year from date of lay-off from lack of work, e) Fails to return to work, or to give a satisfactory explanation within 30 days, when notified, in accordance with Section 19.6 19.2 In all cases of lay-off due to lack of work, the Bargaining Unit seniority of employees of the department in which the lack of funds work occurs will prevail in the first instance, provided the employees as selected to be retained are qualified and willing to do the work which is available. Employees so selected to be laid off, but only within two working days after having received notice of lay-off may make application for transfer to a job of the same or reorganizationlower classification in another department, resulting or to a job of a higher classification in abolishment of jobs or functions, another department provided that the Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice employee was permanently assigned to the higher rated job for at least 3 of the preceding 5 years. If, in the opinion of the management, such an employee may have the ability and qualifications to do the work and has seniority greater than the employee doing the work, that employee may be given an opportunity to prove ability to do job, but such a trial will not in any event exceed seven working days. 19.3 The Unit Chair, Vice Chair, Negotiating Committee and Stewards of the Union President or his designee no less than twenty-one (21) days will be accorded highest seniority in advance all cases of any such lay-off, indicating how many provided, however, that the employees will be affected have at least six months continuous service and what department(s) are being reduced. Such reductions shall be made in accordance with qualified and willing to do the provisions hereinafter set forthwork which is available. 16.02 Employees within affected classifications shall be laid 19.4 When lay-off according due to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, partlack of work occurs because of re-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department organization or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping processtechnological change, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of foregoing lay-off and a bumping provisions will apply but will not result in any full time employee becoming unemployed. The Company will continue to employ such employee(s) and to pay the standard wage rate(s) for such classification(s) as is/are being covered off. The provisions of clauses 19.1 and 19.2 will not apply in such cases(s). 19.5 The Management will furnish the Union with the name of each employee to be laid off employee shall retain his right or transferred due to recall for eighteen (18) months from lack of work, and if requested, will meet the date of his Union to discuss lay-offoffs or transfers of the employee or employees concerned. 16.09 Notice 19.6 Any employee to be laid off due to lack of recall shall work for an extended or indefinite period of time will be sent to given notice of at least thirty (30) days. The employee will be advised personally of the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled reason for lay-off shall and will also be given a minimum of twenty-one (21) days advance notice notified as far as possible, as to duration of lay-off. 16.11 Each notice 19.7 The Union will be supplied with a list of lay-off shall contain the following information: 1) The reason for lay-employees hired or rehired and employees laid off or displacement;discharged, showing their occupation, department and length of continuous service. 219.8 Recall of employees with seniority will operate in reverse order of 19.2 on recall to work, an employee will be notified when work is available. This will be done by registered letter or direct contact to the last address which the employee has provided the Human Resources Department. Recall rights will expire one year after layoff. 19.9 After notification, if an employee who has been recalled to work does not return to work within a period of three (3) The date days or make alternative arrangements with the Management, that employee will be passed over, and the next employee on the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off list will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) monthsnotified. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because 11.01 In cases of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, the Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according in the reverse order of seniority, provided that employees being retained have the qualifications and ability to their relative seniority (within perform the department) work available. Where it is necessary that “bumping” occur in order to comply with the least senior foregoing, it is understood that every employee being laid off firstthereby displaced is then in turn entitled to exercise their seniority to bump, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off firstcommonly referred to as chain bumping. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able recalled in the order of seniority, provided they have the qualifications and ability to bump another perform the work available. In the event the Board intends to recall an employee with lesser out of order of seniority in or to hire a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the new employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who while employees are laid off, the Board agrees to notify senior employees who have not been recalled of the job vacancy or vacancies. Such notice shall have the option of bumping another employee pursuant be in writing by registered mail to the above provisionsaddress of the employee as shown in the Board's records. Both the Union and the Board encourage employees to ensure that the Board has accurate and updated information with respect to previous work, or being directly experience, levels of education, diplomas, degrees, and courses taken so as to assist in the assessment of qualifications and abilities of employees. 11.02 The Employer shall notify employees who have completed their probationary period who are to be temporarily laid off by as follows: (a) ten (10) working days’ notice to employees whose seniority as of the Employer. 16.07 In all cases where date of commencement of lay-off is less than one (1) employee is exercising his year, or (b) twenty (20) working days’ notice to employees whose seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties as of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order date of commencement of lay-off and is one (1) year or more. In the event of a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for proposed permanent lay-off shall be given due to a minimum school closure or elimination of twenty-one funding, the Employer shall: (21c) days advance provide the Union with no less than three (3) months written notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-proposed lay- off or displacement;elimination of position; and 2(d) The date that notify employees, who are to be laid off, three (3) months before the lay-off or displacement becomes is to be effective;. 3) The employee's seniority date in the classification; 4) A statement advising 11.03 If the employee laid off has not had the opportunity to work the full notice period to which he/she is entitled, he/she shall be paid in lieu of work for that period of the right to recall and re-employmentnotice period during which work was not made available. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, 11.04 It is understood that those persons who are not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning scheduled to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension during school vacation periods shall not be made in an arbitrary mannerconsidered on lay-off for purposes of this Article. 16.13 In the event 11.05 The parties agree that a job opening occurs in a lower rated classification, the most senior employee on lay lay-off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by deemed to have occurred if the Employer, to perform as a result of a shortage of work, reduces the regular scheduled hours of work in question. If of an employee. 11.06 It shall be the obligation of the employee accepts to notify the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists Board of any changes of address. The Board shall be kept current entitled to rely upon the last address furnished by the City. The Union President shall be furnished and/or forwarded a copy of employee for all recall lists as they are made current by the Citypurposes.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because REGULAR FULL-TIME & REGULAR PART-TIME NURSES 13.01 All cases of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, the Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum governed as follows: (a) Temporary nurses will be laid off first prior to regular full-time and regular part-time nurses, regular full-time and regular part-time nurses will be laid off separately. Nurses in affected classifications will be laid off in reverse order of twenty-one their seniority within their home location, provided that nurses who are entitled to remain based on their seniority are able to perform the remaining available work. i) The Employer shall provide the local representative identified by the Union and the Labour Relations Officer with sixty (2160) calendar days advance notice of lay-off. 16.11 Each notice ii) Meet with the Union’s negotiation team and the Labour Relations Officer to review the reasons causing the lay-off, approximate number of nurses that will be affected, and the method of implementation. iii) Any agreement between the Employer and the Union resulting from the review above concerning the method of implementation will take precedence over the terms of this Article. iv) Notice of lay-off shall contain to the following information:individual nurse(s) may run concurrently with notice to the Local Representative identified by the Union and the Labour Relations Officer. 1v) The reason for In any event, the notice or lay-off referred to in iv) and i) above shall not be less than what is required under the provisions of the Employment Standards Act (ESA). (c) Following the provision of notice of layoff to the Union pursuant to Article 13.01 (b) i), and before issuing notice of layoff to individual nurses, the Employer will make offers of voluntary severance in accordance with the following conditions: i) The Employer will first make offers in order of seniority in the department(s) where layoffs would otherwise occur to nurses (excluding casual and temporary) eligible for early retirement under the Employer pension plan (including regular part-time, if applicable, whether or displacement;not they participate in the Employer pension plan). Further, these offers will be made to nurses in the same department/program, classification and status as those who would otherwise be given notice of layoff. ii) Should an insufficient number of nurses volunteer pursuant to (i) above, the Employer will then make offers to all other nurses (excluding casual and temporary) in the same department/program, classification and status as those who would otherwise be given notice of layoff. iii) The number of voluntary severance offers that the Employer approves will not exceed the number of nurses who would otherwise be laid off. The Employer shall grant requests for voluntary severance in order of seniority, subject to (i) and (ii) above, provided that operational requirements are maintained to the sole satisfaction of the Employer. A nurse may not revoke their acceptance of a voluntary severance offer once they are approved by the employer. iv) A nurse who is approved for voluntary severance shall receive, following completion of the last day of work, a severance payment of two (2) The weeks’ salary for each year of service, to a maximum of fifty-two (52) weeks’ salary. In the case of regular part-time nurses, the severance payment will be calculated by determining the average weekly salary earned by the nurse in the twenty (20) week period immediately preceding the date that of layoff. (d) A nurse who is notified of a lay-off may: i) accept the lay-off or displacement becomes effective;off; or 3ii) The employee's displace another nurse who has lesser seniority date and is the least senior in the classification;bargaining unit at any location and whose work the nurse, subject to lay-off, is qualified to perform; or 4iii) A statement advising the employee opt to receive severance payment of the right two (2) weeks’ salary for each year of service, to recall and rea maximum of fifty-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty two (3052) daysweeks’ salary. In the event such illness or injury precludes an employee case of regular part-time nurses, the severance payment will be calculated by determining the average weekly salary earned by the nurse in the two (20) week period immediately preceding the date of layoff. (e) i) Nurses who displace other nurses as provided for in Article 13.01 (d) ii) above and nurses who have been recalled from returning to work within the time limit above (including extension), such employee lay-off shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall periodprovided orientation (training) if required. The denial length of an extension such orientation (training) shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform Employer as per the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) monthsestablished guideline set out for orientation. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where(a) Both parties recognize that job security should increase in proportion to length of service and that it is the responsibility of management to maintain effective operations. Therefore, because in the event that a reduction of the nursing force is required, seniority shall be the determining factor provided the employee has the qualifications, skills and ability to perform the work. Subject to the foregoing, nurses shall be laid off in the reverse order of their seniority and nurses shall be recalled in order of their seniority. No new nurses will be hired until those laid off have been given an opportunity to return to work in accordance with the above criteria. (b) A lay-off shall include the discontinuation or displacement within Central Toronto due to lack of work or reduction or discontinuation of a service or services. Work shortages of less than five (5) days expected duration will not be considered a layoff although reasonable efforts will be made to find work, lack on a seniority basis, for these nurses, if requested. Work shortages of funds five (5) days or reorganizationmore will be considered a layoff. (c) All cases of work shortages, resulting layoffs or decreases in abolishment of jobs or functions, the Employer determines it necessary to reduce nursing work force affecting the size of its workforce, the Employer shall give written notice to bargaining unit will be discussed with the Union President or his designee no less than twenty-one (21) days in advance of any such prior to their implementation. Discussions shall include the reasons causing the lay-off, indicating how many the service the Employer will undertake after the lay-off, and the method of implementation, including areas of cutback and the employees will be affected and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s(d) A nurse who are laid off, is subject to layoff shall have the option of bumping another employee pursuant right to: i) Accept layoff; or ii) elect to transfer to a vacant position in the above provisionsBargaining Unit provided she/he has the qualifications, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position skills and able ability to perform the functions and normal duties of the job with reasonable orientation and training; or iii) bump the least senior nurse in the same position into which he is attempting first, then the same or lower job level, if any, provided the nurse has the qualifications, skills and ability to bump, as determined by perform the Employernormal duties of the job without training other than orientation. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1e) The reason for lay-off or displacement; 2) The date that decision of the nurse to accept the lay-off or displacement becomes effective; 3to bump, as set forth in i) The employee's seniority date and iii) above, shall be given in writing within five (5) working days following notification of lay-off. Nurses failing to do so shall be deemed to have accepted the classification; 4) lay-off. A statement advising nurse subject to lay-off who declines a bump into a position for which she/he possess the employee of requisite greater seniority, qualifications, skills and ability shall be deemed to have accepted the right to recall and re-employmentlay- off. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not (f) Subject to exceed thirty 11.03 (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extensiond), such employee a nurse shall be byexercise her/his entitlement to bump as follows: i) Full-passed for recall, but shall remain on time nurses will bump the recall list, least senior full-time or part-time nurse. ii) Part-time nurses will bump the least senior part-time nurse. iii) Part-time nurses will bump the least senior full-time nurse for the remainder % of the term of the FTE she was working. Should no permanent position be available, nurses may bump to casual status, where applicable, and will maintain recall period. The denial of an extension shall not be made rights in an arbitrary manneraccordance with 11.02 (a). 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where9.01 A layoff shall be defined as a permanent reduction of the current regularly scheduled hours of full-time or part- time staff in excess of 10% of their hours. 9.02 In the event of a long term layoff in excess of 13 weeks the Employer will endeavor to provide the Union with a minimum of eight (8) weeks’ notice in writing. In the case of a short-term layoff, because or a reduction as a result of lack unforeseen loss of work, lack of funds or reorganization, resulting in abolishment of jobs or functionsfunding, the Employer determines it necessary will endeavor to reduce the size of its workforce, the Employer shall give written notice to provide both the Union President or his designee no less than twenty-one and the employee at minimum two (212) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reducedweeks notice. Such reductions Employees shall be made notified of Long-Term layoffs in accordance with the provisions hereinafter set forthEmployment Standards Act. 16.02 Employees 9.03 In the event of a layoff the Employer shall lay off employees in the reverse order of their seniority within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A"classification. 16.03 Employees 9.04 An employee who are laid off from one classification may receives notice of a layoff shall have the right to: a. accept the layoff/reduction, or b. displace (bump) the position of another employee with who has lesser seniority in a lower rated classification seniority, so long as the bumping is within the same departmentclassification the layoff has occurred, and does not result in the employee receiving a greater amount of regularly scheduled hours in a bi- weekly pay period. 16.04 Employees who are bumped by a more senior c. It is understood that an individual client’s care needs may necessitate limiting the bumping rights set out above. The Employer shall not be unreasonable in limiting those rights. Such decision shall be given in writing to the Employer within one (1) week. If no such decision is provided in writing it is deemed that the layoff is accepted. a. An employee shall be able have the opportunity of recall from a lay off to bump another employee an available vacancy in order of seniority consistent with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, aboveArticle 8.01. 16.05 At the end of the bumping process, the b. An employee recalled to work from which they were laid off or an employee who is was bumped and unable took another posting to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, maintain her hours shall have the option of bumping another employee pursuant returning to the above provisions, position held prior to the layoff should it become vacant within the twelve (12) months of being recalled or being directly laid off by the Employertaking another position. This right may be exercised only once. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such c. No new employee shall be by-passed for recallhired until all those laid off have been given an opportunity to return to work and have failed to do so or have not met the criteria to do so, but shall remain on the or in accordance with Article 8.03 have lost seniority/recall list, for the remainder of the term of the recall period. The denial of an extension shall not rights or have been found to be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, unable/unqualified to perform the work in question. If available. d. It is the sole responsibility of the laid off employee to notify the Employer of his/her intention to return to work within three (3) working days (exclusive of Saturday, Sunday or holidays) after being notified to do so by registered mail or courier service and to return to work within seven (7) calendar days after being notified, or such time as mutually agreed between the Employer and the employee. e. The notification shall describe the position to which the employee accepts is eligible to recalled and the job opening, he will have date and time at which the right employee shall report to claim his original classification in the event it becomes available within eighteen (18) monthswork. 16.14 Recall lists shall be kept current by f. It is understood that an individual client’s care needs may necessitate limiting the Cityrecall rights set out above. The Union President Employer shall not be furnished and/or forwarded a copy of all recall lists as they are made current by the Cityunreasonable in so limiting those rights.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where‌ 9.01 A layoff shall be defined as a permanent reduction of the current regularly scheduled hours of full-time or part-time staff in excess of 10% of their hours. 9.02 In the event of a long term layoff in excess of 13 weeks the Employer will endeavor to provide the Union with a minimum of eight (8) weeks’ notice in writing. In the case of a short-term layoff, because or a reduction as a result of lack unforeseen loss of work, lack of funds or reorganization, resulting in abolishment of jobs or functionsfunding, the Employer determines it necessary will endeavor to reduce provide both the size Union and the employee at minimum two (2) weeks notice. Employees shall be notified of its workforce, Long-Term layoffs in accordance with the 9.03 In the event of a layoff the Employer shall give written notice to lay off employees in the Union President or his designee no less than twenty-one (21) days in advance reverse order of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forththeir seniority within their classification. 16.02 Employees within affected classifications 9.04 An employee who receives notice of a layoff shall be laid off according to their relative seniority (within have the department) with right to: a. accept the least senior employee being laid off firstlayoff/reduction, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A".or 16.03 Employees who are laid off from one classification may b. displace (bump) the position of another employee with who has lesser seniority in a lower rated classification seniority, so long as the bumping is within the same departmentclassification the layoff has occurred, and does not result in the employee receiving a greater amount of regularly scheduled hours in a bi-weekly pay period. 16.04 Employees who are bumped by a more senior c. It is understood that an individual client’s care needs may necessitate limiting the bumping rights set out above. The Employer shall not be unreasonable in limiting those rights. Such decision shall be given in writing to the Employer within one (1) week. If no such decision is provided in writing it is deemed that the layoff is accepted. a. An employee shall be able have the opportunity of recall from a lay off to bump another employee an available vacancy in order of seniority consistent with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, aboveArticle 8.01. 16.05 At the end of the bumping process, the b. An employee recalled to work from which they were laid off or an employee who is was bumped and unable took another posting to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, maintain her hours shall have the option of bumping another employee pursuant returning to the above provisions, position held prior to the layoff should it become vacant within the twelve (12) months of being recalled or being directly laid off by the Employertaking another position. This right may be exercised only once. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such c. No new employee shall be by-passed for recallhired until all those laid off have been given an opportunity to return to work and have failed to do so or have not met the criteria to do so, but shall remain on the or in accordance with Article 8.03 have lost seniority/recall list, for the remainder of the term of the recall period. The denial of an extension shall not rights or have been found to be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, unable/unqualified to perform the work in question. If available. d. It is the sole responsibility of the laid off employee to notify the Employer of his/her intention to return to work within three (3) working days (exclusive of Saturday, Sunday or holidays) after being notified to do so by registered mail or courier service and to return to work within seven (7) calendar days after being notified, or such time as mutually agreed between the Employer and the employee. e. The notification shall describe the position to which the employee accepts is eligible to recalled and the job opening, he will have date and time at which the right employee shall report to claim his original classification in the event it becomes available within eighteen (18) monthswork. 16.14 Recall lists shall be kept current by f. It is understood that an individual client’s care needs may necessitate limiting the Cityrecall rights set out above. The Union President Employer shall not be furnished and/or forwarded a copy of all recall lists as they are made current by the Cityunreasonable in so limiting those rights.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where37.01 The Board agrees that wherever possible job reductions shall be accomplished through normal attrition first, because then the lay-off and recall procedures shall apply. 37.02 The Board agrees that in the event of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, the Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions no member covered by the bargaining unit shall be treated in a manner inconsistent with the terms of this article. 37.03 The Board agrees that when a decision is made to lay-off, the Board shall notify the Union in writing and each member affected by the lay-off. 37.04 A member who is to be laid off shall be given appropriate notice in accordance with the provisions hereinafter set forthEmployment Standards Act. 16.02 Employees within affected classifications shall 37.05 If a member has been informed by the Board that the member will be laid off according the member may exercise the member’s right to their relative retain a position with the Board in accordance with this Article. 37.06 Lay-off procedures shall be by seniority, and subject to the following order: (i) probationary members in reverse order of date of hire (ii) permanent members in order of seniority (within the department) beginning with the least senior employee being laid member 37.07 The following lay-off first, providing that all students, temporary, part-time, seasonal procedures shall apply to permanent and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A"members. 16.03 Employees who are laid off from one classification may displace (bumpi) another employee with lesser seniority the Board shall identify those positions to be eliminated (ii) the employee(s), in a lower rated classification within order of seniority, holding the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, eliminated position shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department the member with the least seniority, holding a position with the closest number of hours to that which they previously held (iii) each member displaced shall follow the same procedure 37.08 For the purpose of the displacement procedure, the member is subject entitled, wherever possible, to the conditions same time equivalency as they held prior to being displaced. Through the displacement process, a member may voluntarily elect to accept, on a permanent basis, a position less than their status prior to displacement. If the member makes such a choice, in writing, the Board shall have no further obligation to that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employermember. 16.08 Recalls 37.09 A member displaced and transferred to another position under these procedures shall be in given the inverse order of lay-off and a laid off employee shall retain his right opportunity to recall for eighteen return to the member’s original position if it becomes vacant within twelve (1812) months from the date of his lay-offdisplacement. 16.09 Notice 37.10 Members shall have the right of recall for thirty (30) months from date of layoff. 37.11 The Board shall maintain a recall list in order of seniority. 37.12 Members shall be sent recalled in order of seniority to a vacant position. A member shall have the employee's address listed right to refuse recall if it is not a position of equivalent hours (or one half (1/2) hour more or less per half day) to that from which they were displaced. 37.13 The Board shall not hire from outside the Bargaining Unit to fill future vacancies within the bargaining unit until first offering the opportunity, in order of seniority to members on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employerlist. 16.10 Employee(s) scheduled for 37.14 A member on lay-off shall be given and subject to recall shall, for a minimum period of twenty-one thirty (2130) days advance notice months commencing from date of lay-off, be given first consideration to perform supply work or to fill a temporary assignment within the bargaining unit. 16.11 Each 37.15 If a member subject to lay-off and recall, refuses in writing, an offer of employment of equal or greater time on the permanent staff under these procedures, the Board shall have no further obligation to the member under this collective agreement. 37.16 If a member is recalled to the permanent staff from lay-off within thirty (30) months of the date of lay-off, the member’s seniority and sick leave will be reinstated as if there was no interruption in service. 37.17 A member who is given notice of lay-off shall contain may, in writing, waive the following information: 1) The reason for lay-off or displacement; right of recall, and receive a severance allowance equal to two (2) week’s salary for each year of service, up to a maximum of twenty- six weeks’ pay. The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee Board shall have no further obligation to a member who elects to receive a severance allowance instead of retaining the right to recall and re-employmentof recall. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because 13.01 In the event of lack a proposed lay-off of work, lack of funds a permanent or reorganization, resulting in abolishment of jobs or functionslong-term nature, the Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice to will: (a) Provide the Union President or his designee no less than twenty-one with at least ninety (2190) days in advance of any such days’ notice. (b) Meet with the Union to review the following: (i) the reasons causing the lay-off; (ii) the service which the Employer will undertake after the lay-off; (iii) the method of implementation, indicating how many employees will be affected including areas of cutback and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according nurses to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have 13.02 In the option event of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his proposed temporary lay-off, a bed cutback or a cutback in service, the Employer shall provide the Union with reasonable notice. If requested, the Employer shall meet with the Union to review the effect on nurses in the bargaining unit. 16.09 Notice of recall shall be sent to 13.03 Any agreement between the employee's address listed on Employer and the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days Union resulting from the date review above concerning the employee receives method of implementation will take precedence over the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employerterms of this Article. 16.10 Employee(s(a) scheduled for A lay-off shall be given defined as any reduction of a minimum nurse's hours of twenty-one (21) days advance notice work and/or a permanent discontinuation of lay-offa position. 16.11 Each notice of lay-off shall contain the following information: 1(b) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illnessa lay-off, injurynurses shall be laid off in the reverse order of seniority. Subject to the foregoing, probationary nurses shall be first laid off. Casual part-time nurses shall not be utilized while full-time or other good cause preventing regular part-time nurses remain on lay-off, unless all laid off nurses have been offered and declined any available work. An offer will have been deemed to have been made and declined when the employee from returning Employer has attempted to contact the nurse by telephone and there is no answer or a message is left with a person or on an answering machine for the nurse to contact the Employer within a specified period of time and this contact is not made by the time limit abovenurse. For an offer of a permanent or temporary rotation, the City may, at its sole discretion, grant a reasonable extension, not to exceed in excess of thirty (30) days, if the telephone contact was unsuccessful, the Employer will notify the nurse by registered letter. In The offer will be deemed to have been made and declined if the event such illness Employer does not receive a written response from the nurse within ten (10) calendar days. (c) A nurse who has been notified of an impending lay-off may: (i) accept the lay-off; or (ii) exercise the right to bump or injury precludes an employee from returning to work within the time limit above displace another nurse who has lesser bargaining unit seniority. (including extension), such employee d) Nurses shall be by-passed for recallrecalled in the order of seniority, but shall remain on unless otherwise agreed between the recall list, for Employer and the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary mannerUnion. 16.13 In the event (e) Where a job opening vacancy occurs in a lower rated classificationposition following a lay-off hereunder as a result of which a full-time or part-time nurse has been transferred to another position, the most senior employee affected nurse will be offered the opportunity to return to her/his former position providing such vacancy occurs within six (6) months of the date of lay-off. Where the nurse returns to her/his former position, there shall be no obligation to consider the vacancy under Article 12.05 (a) (i). Where the nurse refuses the opportunity to return to her/his former position, she/he shall advise the Employer in writing. (f) No reduction in the hours of work shall take place to prevent or reduce the impact of a lay-off without the consent of the Union. (g) All full-time and part-time nurses represented by the Union who are on lay lay- off will be recalled and given the option of accepting the a job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification opportunity in the event it becomes available within eighteen (18) monthsfull-time and part-time categories before any new nurse is hired into either category. 16.14 Recall lists (h) A full-time nurse shall maintain her full-time status and recall rights when accepting temporary or part-time recalls. It is understood that a nurse doing such a temporary vacancy will receive the percentage in lieu of benefits as per Article A.02 (e). (i) Full-time and part-time lay-off and recall rights shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the Cityseparate.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where13.01 Should any circumstance including fire, because flood, explosion, Act of lack God, work stoppage by employees of workan airline serviced by the Company, lack or circumstances beyond the control of funds or reorganization, resulting in abolishment of jobs or functions, the Employer determines Company make it necessary to reduce the size of its workforce, the Employer employees affected thereby shall give written notice be laid-off according to Company Seniority with forty-eight (48) hours notice. In the event of a partial resumption of operations, the employees affected shall be recalled according to Company Seniority. (a) The Company has the right to lay-off employees to the Union President or his designee no less than twenty-one (21) days in advance extent it determines to be necessary. In the event of any such a lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions the Company shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid lay-off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A"Company Seniority. 16.03 Employees who are laid (b) The Company agrees to meet the Union in the event of a lay-off from one classification to discuss methods that may displace (bump) another employee with lesser seniority assist in a lower rated classification within minimizing the same department. 16.04 Employees who are bumped by a more senior employee shall be able numbers of employees to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s(c) who are laid off, Recalls from such lay-offs shall have the option of bumping another employee pursuant be according to the above provisions, or being directly laid off by the EmployerCompany Seniority. 16.07 (d) In all cases where one (1) employee is exercising his seniority the event of major operational changes, the parties agree to bump another employee, his right meet and review the status of full- time and part-time positions prior to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his any lay-off. 16.09 Notice of recall (a) The Company shall be sent notify the Union as soon as possible prior to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for any lay-off or when the Company reduces the number of full time employees. All employees shall be given a minimum of twenty-one receive at least ten (2110) days advance notice of any lay-off. 16.11 Each notice , except in the case of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date as defined in the classification; 4) A statement advising the employee of the right to recall and re-employment13.01. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the (b) An employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, who has been laid off shall retain but not to exceed thirty (30) daysaccumulate seniority. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee He shall be by-passed for recall, but shall listed according to seniority after the date of layoff and remain on the seniority list for recall listfor a maximum of twenty four (24) months. If not recalled to work during the applicable period, for the remainder of employee’s name shall be removed from the term of the recall period. The denial of seniority list and his status as an extension shall not be made in an arbitrary manneremployee terminated. 16.13 In 13.04 Employees, when laid off, must file their address and telephone number with Human Resources and must advise Human Resources in writing of any subsequent change. Recall shall be by registered mail and phone call by the event Company with a job opening occurs in Union Xxxxxxx or Union member present. Employees will be given seven (7) days to respond to a lower rated classificationrecall request. If no response is received, the most senior Company will make a second phone call, and will allow the employee on lay off twenty-four (24) hours to respond to the second recall request. 13.05 An employee who fails to respond to a recall request as required in Article 13.04 shall lose all seniority and his name shall be removed from the seniority list and employment will then be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in questionconsidered terminated. If an employee fails to return to work or to have satisfied the employee accepts the job openingCompany that he is unable to return because of accident or illness or other sufficient cause, he will have the right to claim too shall lose all seniority and his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists name shall be kept current by removed from the City. The Union President shall seniority list and employment will then be furnished and/or forwarded a copy of all recall lists as they are made current by the Cityconsidered terminated.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because 12.01 In the event of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functionsa lay-off being considered, the Employer determines it necessary agrees to reduce meet with the size Union as soon as practical thereafter to discuss details of its workforcethe lay-off and to consider suggestions from the Union. 12.02 In the event of a lay-off, the Employer least senior employee within the classification impacted by the lay-off shall give written receive a notice of lay-off. An employee about to be laid off may bump the most junior person in an equal or lesser paying classification providing the employee exercising such right is qualified to perform the work of the employee with less seniority. An employee about to be laid off may: Accept the layoff; or i) bump the most junior employee in the same classification and the same hours associated with their regular position (i.e. 0.6 to 0.6). ii) if the availability of such a position does not exist, may bump the most junior employee within the same classification, regardless of the hours associated with his/her regular position. iii) failing the availability of such a position, bump the most junior employee in a lower classification, with equal or greater hours than those presently held by the employee in his/her regular position. (a) shall be considered notice to the Union President or his designee no of any subsequent lay-off resulting from the bumping process. 12.03 In the event of a proposed lay-off, the Employer will: (a) provide the Union and the affected employees with notice of such lay-off as soon as is reasonably possible, but in any case, not less than twenty-one ninety (2190) days in advance days’ notice of any such lay-off, indicating how many employees will be affected and what department(s; (b) are being reduced. Such reductions shall be made in accordance meet with the provisions hereinafter set forthUnion/Management Committee within five (5) working days of the day upon which the notice of lay-off was given to the Union to discuss the following: (i) the reasons for the lay-off (ii) concerns regarding existing client/professional relationships. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within iii) the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes method of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end implementation of the bumping process, lay-off including the employee who is bumped areas of cutback and unable the employees to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s(c) who are laid off, shall have When the option lay-off is the result of bumping another employee pursuant to an emergency beyond the above provisions, or being directly laid off by control of the Employer, the Union shall be notified as soon as possible and a meeting held as soon as practical. 16.07 In all cases where one (1) employee is exercising his 12.04 Employees shall be recalled in the order of their seniority to bump another employee, his right to bump into another department is subject to the conditions that he is provided they are qualified for the position and able to perform do the functions and duties of the position into which he is attempting to bump, as determined by the Employerwork available. 16.08 Recalls shall 12.05 No new employee will be in the inverse order of hired until qualified employees on lay-off and a laid off employee shall retain his right to recall have been given opportunity for eighteen (18) months from the date of his lay-offavailable work. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee 12.06 Individual employees who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-are being laid off shall be given notice or pay in lieu of notice in accordance with the Employment Standards Act, or as otherwise agreed between the Parties. It is understood that employees with less than two (2) years of service will receive a minimum of twenty-one two (212) weeks’ notice or pay in lieu of notice. Employees with more than two (2) years of service will receive a minimum of four (4) weeks’ notice or pay in lieu of notice. 12.07 The Employer agrees to pay its share of coverage for all employee benefit plans for employees laid off for periods of ninety (90) days advance notice or less provided that the employee pays his/her share of lay-offthe said benefit plans and conditional that an employee who takes employment outside of the bargaining unit shall forfeit his/her rights under this Article. 16.11 Each notice of 12.08 A regular full-time or part-time employee who is subject to a lay-off shall contain must indicate in writing to the following information: 1Manager, Human Resources within ten (10) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date working days of her notice of layoff, her decision on how she intends to exercise her rights in the classification; 4) A statement advising the employee of the right to recall and re-employmentaccordance with Article 12.04. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because of lack (a) A layoff shall be defined as a reduction in the workforce or a reduction in the regular hours of work, lack of funds or reorganization, resulting in abolishment of jobs or functions. Prior to implementing any layoffs, the Employer determines it necessary will advise the appropriate Union officials. (b) In the event of layoff the employee with the least bargaining unit wide seniority (including probationary employees) with the Employer shall be laid off. Recall shall be in the reverse order of bargaining unit wide seniority. (c) Unless legislation is more favourable to reduce the size employees, the employer shall notify permanent employees who are to be laid off ten (10) working days prior to the effective date of its workforcelayoff. If the employee has not had the opportunity to work the days provided in this clause, he/she shall be paid for the days for which work was not made available. (d) The above layoff and recall procedure will be effected, provided the employees remaining at work on the basis of their seniority are able to perform satisfactorily the work to be done. (e) In order that the operations of the Union will not become disorganized when layoffs are made the Unit Chairperson shall be the last person laid off during their term of office. It shall be the responsibility of the Union to notify the Employer of changes within a local executive committee. (f) Notwithstanding Article 13.01 (c) above, the Employer shall give written be required to provide only forty-eight (48) hours notice to of layoff in the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (event that work is not available within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes plant as a direct result of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to exercising the provisions of paragraph 16.03, aboveArticle 30.02 of the within agreement. 16.05 At the end of the bumping process, the employee who is bumped 13.02 The Employer agrees that no one will be hired while there are employees on layoff waiting and unable willing to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) recalled who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform satisfactorily the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) monthsbe done. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because a) A layoff shall be defined as a reduction of lack the number of work, lack employees in the bargaining unit. It is understood that reductions in normal hours of funds or reorganization, resulting work due to fluctuations in abolishment of jobs or functions, business volumes shall not be considered to be a layoff. b) Where the Employer determines it necessary intends to reduce the size of its workforce, the Employer shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such conduct a bargaining unit wide lay-off, indicating how many employees will be affected it shall layoff nurses in inverse order of seniority provided that the nurses who are entitled to remain are qualified to perform the available work on the basis of their skill, ability, experience, qualifications, training and what department(seducation established by the Employer. Observing the above mentioned conditions, a senior nurse designated for layoff may bump any employee with less seniority provided she has the requisite skills. A nurse in receipt of a layoff notice shall have the following entitlement. i) are being reducedaccept the layoff; or ii) accept a vacant position, provided that she is qualified to perform the available work; or iii) opt to retire if she is eligible under the terms of the Branch’s pension plan; or iv) displace any other nurse with less seniority provided that the nurse subject to layoff is qualified to perform the available work. Such reductions A nurse so displaced shall be made deemed to have been laid off. A nurse who chooses to exercise the right to displace another nurse with lessor seniority shall advise the employer of her intention to do so in accordance with writing and the provisions hereinafter set forthposition claimed within seven (7) days after receiving the notice of layoff. 16.02 Employees c) In the event of a layoff within a specific area, the affected classifications nurse(s) in that area shall be laid off according in the reverse order of seniority provided that the nurses who are entitled to their relative remain on the basis of seniority are qualified to perform the work available. The affected nurse may accept the layoff, or accept another assignment in another area (within the department) with if available), or displace the least senior employee being laid off firstnurse in the area of the nurse’s choosing, providing whose work she is qualified to perform, provided that all students, temporary, the remaining nurses in that area are qualified to perform the work available. Nurses utilizing the bumping process shall be entitled to displace a junior nurse. Part-time nurses may only displace another part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department time nurse but a full-time nurse may displace another full-time nurse or bargaining unit shall mean the various positions included in Appendix "A"a part-time nurse. 16.03 Employees who are laid off from one classification may displace (bumpd) another employee with lesser seniority Nurses shall be recalled in a lower rated classification within order of seniority, unless otherwise agreed between the same departmentEmployer and the Union, provided that senior nurse is qualified to perform the available work on the basis of her skill, ability, experience, qualification, training and education established by the Employer. 16.04 Employees who are bumped by e) If a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who full time nurse is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, she shall have the option of bumping another employee pursuant transferring to part- time or casual status. If a part-time nurse is laid off, she shall have the above provisionsoption of transferring to casual status. f) In the event of the proposed layoff of a permanent or long term nature of full- time nurses, or being directly the Employer will provide the Union with thirty (30) days’ notice. g) Nurses who have been laid off by the Employer. 16.07 In all cases where one will be required to return to work within seven (17) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties days of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order receiving a notice of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 recall. Notice of recall shall will be sent by Registered Mail. The seven (7) days period may be extended to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from if the date nurse has obtained an alternate job and must give two (2) weeks’ notice to the other Employer. h) No new nurse will be hired when there is a nurse(s) on layoff who is qualified to perform the available work as outlined in 13.01 b) and c) above. i) In the event of a proposed lay-off of a permanent or long term nature, the Employer will meet with the Union to discuss alternate methods of layoff. j) An employee receives on temporary layoff may continue to participate in the recall noticeinsured benefit plans, shall be considered (excluding long-term disability) for up to have resigned his position six (6) months following the end of the month in which the layoff occurs, provided that the plan permits such continued coverage. The employee must pay the full premium cost of benefits and forfeits all rights to employment must arrange an appropriate premium payment schedule with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. 16.01 Where, because of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, (a) Where the Employer determines intends to conduct a layoff, it necessary shall lay off nurses in inverse order of seniority provided that the nurses who are entitled to reduce remain are qualified to perform the size available work on the basis of its workforcetheir skill, ability, experience, qualifications, training and education established by the Employer. Observing the above mentioned conditions, a senior nurse designated for layoff may bump any nurse with less seniority provided the senior nurse is qualified to perform the available work of the junior nurse on the basis of her skill, ability, experience, qualifications, training and education established by the Employer. (b) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer shall give written notice and the Union, provided that senior nurse is qualified to perform the Union President or his designee no less than twenty-one (21) days in advance available work on the basis of any such lay-offskill, indicating how many employees will be affected ability, experience, qualifications, training and what department(s) are being reduced. Such reductions shall be made in accordance with education established by the provisions hereinafter set forthEmployer. 16.02 Employees within affected classifications shall (c) A full time nurse to be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping transferring to part-time or casual status. A part-time nurse to be laid off she shall have the option of transferring to casual status. Where either category of nurse: i) declines to transfer to another employee pursuant category; or ii) in the event that a transfer is not possible at the time of lay off, later declines a recall to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacementother category; 2(d) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, the proposed layoff of a permanent or other good cause preventing the employee from returning within the long term nature of full-time limit abovenurses, the City may, at its sole discretion, grant a reasonable extension, not to exceed Employer will provide the Union and affected nurses with thirty (30) days. In the event such illness or injury precludes an employee from returning ’ notice. (e) Nurses who have been laid off will be required to return to work within the time limit above seven (including extension), such employee shall 7) calendar days of receiving a notice of recall. Notice of recall will be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall periodby Registered Mail. The denial of an extension shall not seven (7) calendar day period may be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, extended to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.fourteen

Appears in 1 contract

Samples: Collective Agreement

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