Common use of LAY-OFF AND RECALL Clause in Contracts

LAY-OFF AND RECALL. 11.01 Where the Employer decides to reduce the number of working 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; (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 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 waive recall rights in order to receive pay in lieu of notice. 11.03 Where, in advance of the lay-off of an Employee(s), the Employer expects the lay-off to exceed sixteen (16) weeks in duration, the Employer will, where possible, so advise the Union at least two (2) weeks prior to advising the Employee(s) affected of their lay-off. 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 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

LAY-OFF AND RECALL. 11.01 12.01 Where the Employer Centre decides to reduce the number of working forces in a classification which reduction is expected to exceed a period of eight (8) weeks, the following provision shall apply. The Employer Centre agrees that Employees Nurses shall be selected for lay off by the Employer Centre considering the following factors: (a) employees who volunteer to accept the layoff;seniority; and (b) skill, ability and qualifications; (c) seniority. Employees will Nurses shall be laid off in ascending order on the basis of factor (ca) provided where, in the opinion of the EmployerCentre, that the senior Employees have the requisite skill, ability and qualifications to perform the work. The Employer agrees not to act factors in an arbitrary, discriminatory or in bad faith when determining the skill, ability and qualifications(b) are relatively equal. 11.02 12.02 Where a lay-off pursuant to this article is defined pursuant to the Employment Standards Act, 2000, as constituting termination of employment, the Employer Centre shall provide the Employee(sNurse(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 a Nurse is required by the said Act to waive recall rights in order to receive pay in lieu of notice. 11.03 12.03 Where, in advance of the lay-off of an Employee(s)a Nurse or Nurses, the Employer Centre expects the lay-off to exceed sixteen eight (16) 8) weeks in duration, the Employer Centre will, where possible, so advise the Union Association at least two four (24) weeks prior to advising the Employee(sNurse(s) affected of their lay-off. 11.04 12.04 Where the Employer Centre decides to increase the number of working forces in a classification, which increase is expected to exceed a period of two (2) weeks, and there are persons on layoff from the classification with recall rights, the following shall apply. The Centre agrees that persons on lay off with recall rights shall be selected for recall based by the Centre considering the following factors: (a) seniority; and (b) skill, ability and qualifications. Persons on reverse lay off with recall rights shall be recalled in descending order on the basis of the layoff provided factor (a) where, in the opinion of the EmployerCentre, that the senior Employees have the requisite skillfactors in (b), 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 qualificationsare relatively equal.

LAY-OFF AND RECALL. 11.01 Where the Employer decides to reduce the number of working forces in a classification the following provision shall apply. 16.01 The Employer agrees that shall have the right to lay-off employees as necessary for the efficient and effective operation of the Community Centres. 16.02 Employees subject to lay-off shall be provided written notice of lay-off and advised of their entitlements under this Agreement with respect to bumping and recall rights, if any. Any lay-off notice shall be copied to the President of Local 2998 at the same time it is issued to the affected employee. 16.03 Laid-off employees shall not be entitled to the rights and benefits provided under this Agreement, other than the right of recall as provided in clause 16.06. 16.04 The following additional provisions apply to employees other than casual relief staff: (i) Employees shall be selected for lay laid-off by in reverse order of seniority within the job title at the respective Community Centre. (ii) The Employer considering shall notify the following factors:President of Local 2998 of any proposed lay-offs no later than fourteen (14) calendar days prior to notice being provided to the affected employee. (iii) Upon request of the Union, the parties shall meet within the fourteen (14) calendar day period referenced above to discuss the proposed lay-off(s). (a) employees Employees regularly working eighteen (18) hours per week or greater who volunteer are in receipt of notice of lay-off may elect to accept bump an employee with less seniority within the layoff;same Community Centre, provided they are immediately qualified to perform the duties of the position. (b) skillThe Employer shall provide an up-to-date seniority list to the affected employee at the same time written notice of lay-off is provided, ability and qualifications; (c) seniorityupon request of the employee, applicable job descriptions. Employees will be laid off in ascending order on the basis of factor (c) The employee shall submit an up-to-date resume, completed Skills Summary Form, as provided in the opinion of by the Employer, that the senior Employees have the requisite skill, ability and qualifications confirm their intention 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 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 waive recall rights in order to receive pay in lieu of notice. 11.03 Where, in advance of the lay-off of an Employee(s), the Employer expects the lay-off to exceed sixteen (16) weeks in duration, the Employer will, where possible, so advise the Union at least two (2) weeks prior to advising the Employee(s) affected of their lay-off. 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 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 qualificationsbump within seven

LAY-OFF AND RECALL. 11.01 12.01 Where the Employer Centre decides to reduce the number of working forces in a classification which reduction is expected to exceed a period of eight (8) weeks, the following provision shall apply. The Employer Centre agrees that Employees Nurses shall be selected for lay off layoff by the Employer Centre considering the following factors: (a) employees who volunteer to accept the layoff;seniority; and (b) skill, ability and qualifications; (c) seniority. Employees will Nurses shall be laid off in ascending order on the basis of factor (ca) provided where, in the opinion of the EmployerCentre, that the senior Employees have the requisite skill, ability and qualifications to perform the work. The Employer agrees not to act factors in an arbitrary, discriminatory or in bad faith when determining the skill, ability and qualifications(b) are relatively equal. 11.02 12.02 Where a lay-off pursuant to this article is defined pursuant to the Employment Standards Act, 2000, as constituting termination of employment, the Employer Centre shall provide the Employee(sNurse(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 a Nurse is required by the said Act to waive recall rights in order to receive pay in lieu of notice. 11.03 12.03 Where, in advance of the lay-off of an Employee(s)a Nurse or Nurses, the Employer Centre expects the lay-lay- off to exceed sixteen eight (16) 8) weeks in duration, the Employer Centre will, where possible, so advise the Union at least two four (24) weeks prior to advising the Employee(sNurse(s) affected of their lay-lay- off. 11.04 12.04 Where the Employer Centre decides to increase the number of working forces in a classification, which increase is expected to exceed a period of two (2) weeks, and there are persons on layoff from the classification with recall rights, the following shall apply. The Centre agrees that persons on lay off with recall rights shall be selected for recall based by the Centre considering the following factors: (a) seniority; and (b) skill, ability and qualifications. Persons on reverse lay off with recall rights shall be recalled in descending order on the basis of the layoff provided factor (a) where, in the opinion of the EmployerCentre, that the senior Employees have the requisite skillfactors in (b), 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 qualificationsare relatively equal.

LAY-OFF AND RECALL. 11.01 Where the Employer decides to reduce the number of working forces If an employee cannot be accommodated in a classification the following provision shall apply. The Employer agrees that Employees shall accordance with their request, s/he will be selected for placed on lay off by the Employer considering the following factors: with recall rights effective fourteen (a14) employees who volunteer to accept the layoff; (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 calendar days after receipt of the Employer, that the senior Employees have the requisite skill, ability and qualifications to perform the work. The Employer agrees not to act notice provided for in an arbitrary, discriminatory or in bad faith when determining the skill, ability and qualificationsArticle 10. 11.02 Where 05.01 except in those cases where a lay-off pursuant delay may be required for a senior employee to this article is defined pursuant to assume the Employment Standards Act, 2000, as constituting termination of employment, the Employer shall 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 waive recall rights in order to receive pay in lieu of notice. 11.03 Where, in advance of the lay-off position of an Employee(s), the Employer expects the lay-off to exceed sixteen (16) weeks in duration, the Employer will, where possible, so advise the Union at least two (2) weeks prior to advising the Employee(s) affected of their lay-employee being laid off. 11.04 Where 10.06.01 Within fourteen (14) calendar days of being laid off, the Employer decides to increase the number of working forces employee may select, in a classification, persons on layoff shall be selected for recall based on reverse order of preference, those positions to which s/he will accept recall which will be in addition to that position from which s/he was laid off. Such advice will be forwarded to the layoff provided Company in writing within the specified time limit but may be modified in the opinion same manner at any time thereafter providing such modification has been received prior to the initiation of a notice of vacancy provided for in Article 10.06.03. 10.06.02 An employee holding lay off status will advise the Company of any change of address, in writing, with a copy to the Local Union. 10.06.03 Notice of vacancies will be sent by Registered Mail to the most senior laid off employee who was laid off from the position where the vacancy has occurred, or, to the most senior laid off employee who has, in accordance with Article 10.06.01, requested recall to a position where a vacancy has occurred, whomever is the most senior. In those cases involving a change of category, the notice will be sent to the senior employee who is qualified to do the job. 10.06.03.01 Qualified to do the job as referred to in Article 10.06.03 means that the applicant possesses the particular qualifications established by the Company as being required for the work to be performed. 10.06.04 The notified employee must advise the Company within twenty-four (24) hours from receipt of the Employernotice of vacancy if s/he wishes to accept recall. The Company will confirm acceptance of recall to the employee in writing. 10.06.05 Employees accepting recall to a position in their original base will report for duty within three (3) calendar days of advice to the Company of intent to return. Notwithstanding the foregoing, that employees employed by another employer at the senior Employees have the requisite skill, ability and qualifications time of recall will be allowed not more than seven (7) calendar days to perform the return to work. The Employer agrees Employees accepting recall to a position outside of their original base will report for duty within fourteen (14) calendar days of advice to the Company of intent to return. 10.06.06 An employee who does not comply with Article 10.06.02 or Article 10.06.04, or, having accepted recall, fails to act return within the time limit established pursuant to Article 10.06.05, will be considered to have resigned except where the employee has been unavoidably detained for reasons beyond their control. 10.06.07 An employee who refuses to accept recall to a permanent position in an arbitrary, discriminatory or in bad faith when determining the skill, ability and qualificationsposition from which they were laid off will be considered to have resigned.

LAY-OFF AND RECALL. 11.01 10.01 Where the Employer decides to reduce the number of working forces in a classification which reduction is expected to exceed a period of eight (8) weeks, the following provision shall apply. The Employer agrees that Employees Nurses shall be selected for lay off by the Employer considering the following factors: (a) employees who volunteer to accept the layoff;seniority; and (b) skill, ability and qualifications; (c) seniority. Employees will Nurses shall be laid off in ascending order on the basis of factor (ca) provided where, 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 factors in an arbitrary, discriminatory or in bad faith when determining the skill, ability and qualifications(b) are relatively equal. 11.02 10.02 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 provide the Employee(sNurse(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 a Nurse is required by the said Act to waive recall rights in order to receive pay in lieu of notice. 11.03 10.03 Where, in advance of the lay-off of an Employee(s)a Nurse or Nurses, the Employer expects the lay-off to exceed sixteen eight (16) 8) weeks in duration, the Employer will, where possible, so advise the Union at least two four (24) weeks prior to advising the Employee(sNurse(s) affected of their lay-off. 11.04 10.04 Where the Employer decides to increase the number of working forces in a classification, which increase is expected to exceed a period of two (2) weeks, and there are persons on layoff from the classification with recall rights, the following shall apply. The Employer agrees that persons on lay off with recall rights shall be selected for recall based on reverse order of by the layoff provided in Employer considering 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 following factors: (a) descending seniority; and (b) skill, ability and qualifications. 10.05 Persons on lay-off with recall rights are entitled to apply for any vacancies in the bargaining unit arising out of a job posting.

LAY-OFF AND RECALL. 11.01 12.01 Where the Employer Centre decides to reduce the number of working forces in a classification which reduction is expected to exceed a period of eight (8) weeks, the following provision shall apply. The Employer Centre agrees that Employees Nurses shall be selected for lay off layoff by the Employer Centre considering the following factors: (a) employees who volunteer to accept the layoff;seniority; and (b) skill, ability and qualifications; (c) seniority. Employees will Nurses shall be laid off in ascending order on the basis of factor (ca) provided where, in the opinion of the EmployerCentre, that the senior Employees have the requisite skill, ability and qualifications to perform the work. The Employer agrees not to act factors in an arbitrary, discriminatory or in bad faith when determining the skill, ability and qualifications(b) are relatively equal. 11.02 12.02 Where a lay-off pursuant to this article is defined pursuant to the Employment Standards Act, 2000, as constituting termination of employment, the Employer Centre shall provide the Employee(sNurse(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 a Nurse is required by the said Act to waive recall rights in order to receive pay in lieu of notice. 11.03 12.03 Where, in advance of the lay-off of an Employee(s)a Nurse or Nurses, the Employer Centre expects the lay-off to exceed sixteen eight (16) 8) weeks in duration, the Employer Centre will, where possible, so advise the Union at least two four (24) weeks prior to advising the Employee(sNurse(s) affected of their lay-off. 11.04 12.04 Where the Employer Centre decides to increase the number of working forces in a classification, which increase is expected to exceed a period of two (2) weeks, and there are persons on layoff from the classification with recall rights, the following shall apply. The Centre agrees that persons on lay off with recall rights shall be selected for recall based by the Centre considering the following factors: (a) seniority; and (b) skill, ability and qualifications. Persons on reverse lay off with recall rights shall be recalled in descending order on the basis of the layoff provided factor (a) where, in the opinion of the EmployerCentre, that the senior Employees have the requisite skillfactors in (b), 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 qualificationsare relatively equal.

LAY-OFF AND RECALL. 11.01 Where the Employer decides to reduce the number of working 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 Employees who volunteer to accept the layofflayoff 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 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 waive recall rights in order to receive pay in lieu of notice. 11.03 Where, Where in advance of the lay-off of an Employee(s)Employee, the Employer expects the lay-off layoff to exceed sixteen eight (16) 8) weeks in duration, the Employer will, where when possible, so advise the Union Union, at least two lease eight (2) 8) weeks prior to advising the Employee(s) Employee affected of their lay-offlayoff, 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 with in three (3) 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 opinion of the Employer, that the senior Employees have the requisite skill, ability ability, and qualifications to perform the work. The Employer agrees not to act in a an arbitrary, discriminatory or in bad faith when determining the skill, ability ability, and qualifications. 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 separate from full-time Employees.

LAY-OFF AND RECALL. 11.01 12.01 Where the Employer Centre decides to reduce the number of working forces in a classification which reduction is expected to exceed a period of eight (8) weeks, the following provision shall apply. The Employer Centre agrees that Employees Nurses shall be selected for lay off by the Employer Centre considering the following factors: (a) employees who volunteer to accept the layoff;seniority; and (b) skill, ability and qualifications; (c) seniority. Employees will Nurses shall be laid off in ascending order on the basis of factor (ca) provided where, in the opinion of the EmployerCentre, that the senior Employees have the requisite skill, ability and qualifications to perform the work. The Employer agrees not to act factors in an arbitrary, discriminatory or in bad faith when determining the skill, ability and qualifications(b) are relatively equal. 11.02 12.02 Where a lay-off pursuant to this article is defined pursuant to the Employment Standards Act, 2000, as constituting termination of employment, the Employer Centre shall provide the Employee(sNurse(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 a Nurse is required by the said Act to waive recall rights in order to receive pay in lieu of notice. 11.03 12.03 Where, in advance of the lay-off of an Employee(s)a Nurse or Nurses, the Employer Centre expects the lay-off to exceed sixteen eight (16) 8) weeks in duration, the Employer Centre will, where possible, so advise the Union Association at least two four (24) weeks prior to advising the Employee(sNurse(s) affected of their lay-off. 11.04 12.04 Where the Employer Centre decides to increase the number of working forces in a classification, which increase is expected to exceed a period of two (2) weeks, and there are persons on layoff from the classification with recall rights, the following shall apply. The Centre agrees that persons on lay off with recall rights shall be selected for recall based by the Centre considering the following factors: (a) seniority; and (b) skill, ability and qualifications. Persons on reverse lay off with recall rights shall be recalled in descending order on the basis of the layoff provided factor (a) where, in the opinion of the EmployerCentre, that the senior Employees have the requisite skillfactors in (b), 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 qualificationsare relatively equal.

LAY-OFF AND RECALL. 11.01 Where the Employer decides to reduce the number of working forces non-probationary employees 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;seniority; and (b) skill, ability and qualifications; (c) seniority. Employees will shall be laid off in ascending order on the basis of factor (ca) provided where, 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 factors in an arbitrary, discriminatory or in bad faith when determining the skill, ability and qualifications(b) are relatively equal. 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 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 waive recall rights in order to receive pay in lieu of notice. 11.03 Where, in advance of the lay-off of an Employee(s), the Employer expects the lay-lay- off to exceed sixteen (16) weeks in duration, the Employer will, where possible, so advise the Union at least two (2) weeks prior to advising the Employee(s) affected of their lay-off. 11.04 Where the Employer decides to increase the number of working forces Employees in a classification, and there are persons on layoff from the classification with recall rights, the following shall apply. The Employer agrees that persons on lay off with recall rights shall be selected for recall based on reverse order of by the layoff provided in Employer considering 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 following factors: (a) seniority; and (b) skill, ability and qualifications. Persons on lay-off with recall rights are entitled to apply for any vacancies in the bargaining unit arising out of a job posting.

LAY-OFF AND RECALL. 11.01 Where the Employer decides to reduce the number of working 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;seniority; and (b) skill, ability and qualifications; (c) seniority. Employees will shall be laid off in ascending order on the basis of factor (ca) provided where, 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 factors in an arbitrary, discriminatory or in bad faith when determining the skill, ability and qualifications(b) are relatively equal. 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 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 waive recall rights in order to receive pay in lieu of notice. 11.03 Where, in advance of the lay-off of an Employee(s), the Employer expects the lay-off to exceed sixteen (16) weeks in duration, the Employer will, where possible, so advise the Union at least two (2) weeks prior to advising the Employee(s) affected of their lay-off. 11.04 Where the Employer decides to increase the number of working forces in a classification, and there are persons on layoff from the classification with recall rights, the following shall apply. The Employer agrees that persons on lay off with recall rights shall be selected for recall based on reverse order of by the layoff provided in Employer considering 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 following factors: (a) seniority; and (b) skill, ability and qualifications. Persons on lay-off with recall rights are entitled to apply for any vacancies in the bargaining unit arising out of a job posting.

LAY-OFF AND RECALL. 11.01 Where 31.1: In the Employer decides to reduce event that the City determines that the number of working forces in a classification the following provision shall apply. The Employer agrees that Employees shall unit employees must be selected reduced, for lay off by the Employer considering the following factors: any reason (a) including layoff, contracting and/or subcontracting, etc.), employees who volunteer to accept the layoff; (b) skill, ability and qualifications; (c) seniority. Employees will be laid off in ascending order on the basis of factor laid‑off according to seniority (ci.e., least senior employees laid‑off first) provided in the opinion of the Employer, that the senior Employees have the requisite skill, ability and qualifications employees retained must be immediately qualified to perform the workwork required to be accomplished. The Employer agrees not City reserves the right to act rescind and suspend the operation of the layoff procedure if absolutely necessary to retain "essential personnel." The determination of when it is absolutely necessary to retain essential personnel as well as which employees are "essential personnel" shall be made by the City Manager in an arbitrary, discriminatory his or in bad faith when determining the skill, ability her sole and qualificationsexclusive discretion. 11.02 Where 31.2: Except as provided in Section 31.1, above, any employee covered by this Agreement who is affected by a lay-off pursuant reduction in force shall have the right to this article displace any employee with less seniority in any lower rated classification or rank, provided that said employee is defined pursuant immediately qualified to perform the Employment Standards Actnecessary services to be performed in that classification or rank. When an employee elects to "bump" into a lower rated classification or rank, 2000said employee will be paid the rate of pay of that lower classification or rank. 31.3: All laid‑off employees shall have the right of first recall, as constituting termination of employmentaccording to seniority, for up to twelve (12) months after their layoff occurs. If an employee is recalled into a position for which he or she is qualified, and refuses that position, the Employer shall provide City is no longer obligated to offer the Employee(s) concerned with notice right 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 first recall to said Act to waive recall rights in order to receive pay in lieu of noticeemployee. 11.03 Where, in advance of the lay-off of an Employee(s), the Employer expects the lay-off to exceed sixteen (16) weeks in duration, the Employer will, where possible, so advise the Union at least 31.4: Employees shall receive two (2) weeks prior to advising the Employee(sweeks’ notice of layoff, or, in lieu thereof, shall receive two (2) affected weeks’ pay at their regular rate of their lay-offpay as defined in Section 12.6. 11.04 Where the Employer decides to increase the number of working forces in a classification, persons 31.5: An employee on layoff shall be selected status does not accrue seniority but does retain his or her accumulated seniority for recall based on reverse order of twelve (12) months, or until recall, whichever occurs first. If recalled, the layoff provided in the opinion of the Employer, that the senior Employees have the requisite skill, ability and qualifications employee again begins to perform the work. The Employer agrees not to act in an arbitrary, discriminatory or in bad faith when determining the skill, ability and qualificationsaccrue seniority.

LAY-OFF AND RECALL. 11.01 Where the Employer decides to reduce the number of working forces non-probationary employees 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;seniority; and (b) skill, ability and qualifications; (c) seniority. Employees will shall be laid off in ascending order on the basis of factor (ca) provided where, 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 factors in an arbitrary, discriminatory or in bad faith when determining the skill, ability and qualifications(b) are relatively equal. 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 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 waive recall rights in order to receive pay in lieu of notice. 11.03 Where, in advance of the lay-off of an Employee(s), the Employer expects the lay-off to exceed sixteen (16) weeks in duration, the Employer will, where possible, so advise the Union at least two (2) weeks prior to advising the Employee(s) affected of their lay-off. 11.04 Where the Employer decides to increase the number of working forces Employees in a classification, and there are persons on layoff from the classification with recall rights, the following shall apply. The Employer agrees that persons on lay off with recall rights shall be selected for recall based on reverse order of by the layoff provided in Employer considering 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 following factors: (a) seniority; and (b) skill, ability and qualifications. Persons on lay-off with recall rights are entitled to apply for any vacancies in the bargaining unit arising out of a job posting.

LAY-OFF AND RECALL. 11.01 Where the Employer decides to reduce the number of working 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; (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 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 waive recall rights in order to receive pay in lieu of notice. 11.03 Where, in advance of the lay-off of an Employee(s), the Employer expects the lay-lay- off to exceed sixteen (16) weeks in duration, the Employer will, where possible, so advise the Union at least two (2) weeks prior to advising the Employee(s) affected of their lay-off. 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 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

LAY-OFF AND RECALL. 11.01 Where the Employer decides to reduce the number Each employee shall be classified as a member of working forces in a classification one of the following provision shall apply. The Employer agrees that Employees shall be selected for lay off by the Employer considering the following factorsdepartments: (a) employees who volunteer to accept the layoff;Nursing Department (including RPNs, Nurses Aides) (b) skill, ability Housekeeping Department (including Housekeeping Aides and qualifications;Laundry Aides) (c) seniority. Employees will be laid off in ascending order on the basis of factor Dietary Department (cincluding Cooks and Dietary Aides) (d) 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 qualificationsActivity Department. 11.02 Where In the event of a lay-off pursuant employees shall be laid-off in reverse order of their departmental seniority. Probationary employees shall be laid off first within the classification being reduced. Then the following procedure shall apply in the event of further lay-off or recalls: (a) The department and the classification within such department in which the lay- off is to this article is defined pursuant occur will be identified. The Employer shall notify the Chairperson and the Union at least 14 calendar days prior to the Employment Standards Acteffective date of such lay-off or award pay in lieu thereof, 2000unless a greater period of notice is required by legislation, as constituting termination in which case such greater period of employment, the Employer shall provide the Employee(s) concerned with notice of termination, or pay in lieu therefore, consistent with thereof shall be given to employees affected by such lay-off. In the provisions case of an emergency beyond the control of the Employment Standards Actemployer (e.g. Fire, 2000, it being specifically understood that an Employee is flood and similar disasters) the notice required by to be given and the said Act to waive recall rights in order to receive pay in lieu of noticethereof shall be waived. 11.03 Where, in advance (b) The employer agrees to meet with the Union upon request during the period of notice to review the reasons and method of implementation of the lay-off off. The parties agree that, in the event of an Employee(s)a proposed layoff of a long-term or permanent nature, the Employer expects the prior to issuing any lay-off to exceed sixteen (16) weeks in durationnotices, the Employer will, where possible, so advise the Union at least two parties will meet to consider alternative measures. (2c) weeks prior to advising the Employee(s) 1. Employees affected of their by such lay-off. 11.04 Where off shall have the Employer decides right to increase the number bump to a classification of working forces in a classification, persons on layoff shall be selected for recall based on reverse order of the layoff equal or lower ones provided in the opinion of the Employer, that the senior Employees have employee he or she seeks to replace has a lower seniority and provided further that the requisite skill, ability and qualifications laid off employee is able to perform the work. The Employer agrees not work of the person he/she seeks to act in an arbitrary, discriminatory or in bad faith when determining the skill, ability and qualificationsreplace.

LAY-OFF AND RECALL. 11.01 Where 12:01 The parties acknowledge that the Employer decides to reduce the number of working forces in a classification the following provision shall apply. The Employer agrees that Employees shall be selected for lay off Company’s produc- tion requirements are determined by the Employer considering the following factors: (a) employees who volunteer to accept the layoff; (b) skilldemands of its custom- ers. When a layoff is necessary, ability and qualifications; (c) seniority. Employees notice of layoff 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 ac- cordance with the Employment Standards Act. R.S.O. 2000; c.e.14. 12:02 When it becomes necessary to reduce a posted clas- sification the employee(s) holding a temporary posting will be reduced first followed by the most junior employee in the classi- fication. An employee reduced from a temporary job posting will return to his/her classification, 2000, as constituting termination of employment, seniority permitting. Employees reduced from a posted classification will displace the Employer shall provide junior em- ployee in the Employee(s) concerned with notice of termination, or pay in lieu therefore, department provided they are able to satisfactorily perform the remaining available work. Otherwise they will be assigned to the production operator classification consistent with their seniority provided that they are able to satisfactorily per- form the provisions of the Employment Standards Act, 2000, it being specifically understood that an Employee is required by the said Act to waive recall rights in order to receive pay in lieu of noticeremaining available work. 11.03 Where, 12:03 In the event that a reduction in advance of the lay-off of an Employee(s), the Employer expects the lay-off to exceed sixteen (16) weeks a classification results in duration, the Employer will, where possible, so advise the Union at least a layoff for longer than two (2) weeks prior regular work days it will be done in the following manner: a) Probationary employees shall be laid off first. b) Thereafter employees shall be laid-off in reverse order of seniority, provided that the remaining employ- ees are able to advising satisfactorily perform the Employee(savailable work. c) An employee who has exhausted his/her seniority rights within his/her classification may elect to exer- cise his/her seniority rights and displace the lowest seniority employee plant-wide, provided he/she can satisfactorily perform the available work. a) Notwithstanding the foregoing, layoffs of two (2) consecutive regular work days or less will be effected by laying off probationary employees first, followed by those employees with the least seniority on the shift provided that the remaining employees are able to satisfactorily perform the available work. Where rea- sonably possible, the Company will inform the Union and the affected employees twenty-four (24) hours in advance in writing. b) Should the company implement Article 12:04, the Company agrees to offer Vacation, P.P.A. or Leaves of their Absence(s) for the one (1) or two (2) days layoff(s). Previously scheduled approved Vacation, P.P.A. or Leaves of Absence will be upheld. Additional requests for Vacations, P.P.A. or Leaves of Absences will be approved by seniority. For this provision Vacation, P.P.A. and Leaves of Absences are all equal and seniority is the governing factor in the decision of who is approved, provided that the remaining employees on the shift are able to satisfactorily perform the avail- able work. 12:05 The Company agrees that it will not abuse its rights to implement Article 12:04. An affected employee(s) (an employee laid off outside seniority requirements of 12:03) will not exceed forty (40) hours in a twelve (12) month period, after which layoffs will be in accordance with 12:03. 12:06 Recall from a reduction/lay-off. 11.04 Where off will be in 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 procedures above, provided in that the opinion employee being recalled can satisfactorily perform the available work. Consistent with their seniority reduced/laid off employees will have a right to return to their posted classification for thirty-six (36) months from the effective date of the Employer, that reduction/lay off provided he/she main- tains the senior Employees have the requisite skill, ability and qualifications to satisfactorily perform the available work. 12:07 The Company will inform the Union in writing of all layoffs and recalls. 12:08 Persons in Skilled Trades shall be subject to lay-off and recall consistent with Article 26 of the Collective Agreement. 12:09 Employees transferring to another classification as a re- xxxx of implementation of this provision will be paid the rate of the new classification. The Employer agrees Additionally the employee shall maintain the higher classification rate for all paid hours away from work for the next ten (10) calendar days. 12:10 In the event the company requires employees to be moved for the purpose of balancing shifts, reduced posted em- ployees and supplements will not to act in an arbitrary, discriminatory or in bad faith when determining retain shift ownership and shift balancing will be done by reverse seniority on the skill, ability and qualificationsshift

LAY-OFF AND RECALL. 11.01 Where the Employer decides to reduce the number of working forces If an employee cannot be accommodated in a classification the following provision shall apply. The Employer agrees that Employees shall accordance with their request, s/he will be selected for placed on lay off by the Employer considering the following factors: with recall rights effective fourteen (a14) employees who volunteer to accept the layoff; (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 calendar days after receipt of the Employer, that notice provided for in Article 10.05.01 except in those cases where a delay may be required for a senior employee to assume 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 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 waive recall rights in order to receive pay in lieu of notice. 11.03 Where, in advance of the lay-off position of an Employee(s), the Employer expects the lay-off to exceed sixteen (16) weeks in duration, the Employer will, where possible, so advise the Union at least two (2) weeks prior to advising the Employee(s) affected of their lay-employee being laid off. 11.04 Where 10.06.01 Within fourteen (14) calendar days of being laid off, the Employer decides to increase the number of working forces employee may select, in a classification, persons on layoff shall be selected for recall based on reverse order of preference, those positions to which s/he will accept recall which will be in addition to that position from which s/he was laid off. Such advice will be forwarded to the layoff provided Company in writing within the specified time limit but may be modified in the opinion same manner at any time thereafter providing such modification has been received prior to the initiation of a notice of vacancy provided for in Article 10.06.03. 10.06.02 An employee holding lay off status will advise the Company of any change of address, in writing, with a copy to the Local Union. 10.06.03 Notice of vacancies will be sent by Registered Mail to the most senior laid off employee who was laid off from the position where the vacancy has occurred, or, to the most senior laid off employee who has, in accordance with Article 10.06.01, requested recall to a position where a vacancy has occurred, whomever is the most senior. In those cases involving a change of category, the notice will be sent to the senior employee who is qualified to do the job. 10.06.03.01 Qualified to do the job as referred to in Article 10.06.03 means that the applicant possesses the particular qualifications established by the Company as being required for the work to be performed. 10.06.04 The notified employee must advise the Company within twenty-four (24) hours from receipt of the Employernotice of vacancy if s/he wishes to accept recall. The Company will confirm acceptance of recall to the employee in writing. 10.06.05 Employees accepting recall to a position in their original base will report for duty within three (3) calendar days of advice to the Company of intent to return. Notwithstanding the foregoing, that employees employed by another employer at the senior Employees have the requisite skill, ability and qualifications time of recall will be allowed not more than seven (7) calendar days to perform the return to work. The Employer agrees Employees accepting recall to a position outside of their original base will report for duty within fourteen (14) calendar days of advice to the Company of intent to return. 10.06.06 An employee who does not comply with Article 10.06.02 or Article 10.06.04, or, having accepted recall, fails to act return within the time limit established pursuant to Article 10.06.05, will be considered to have resigned except where the employee has been unavoidably detained for reasons beyond their control. 10.06.07 An employee who refuses to accept recall to a permanent position in an arbitrary, discriminatory or in bad faith when determining the skill, ability and qualificationsposition from which they were laid off will be considered to have resigned.

LAY-OFF AND RECALL. 11.01 12.01 Where the Employer Centre decides to reduce the number of working forces in a classification which reduction is expected to exceed a period of eight (8) weeks, the following provision shall apply. The Employer Centre agrees that Employees Nurses shall be selected for lay off by the Employer Centre considering the following factors: (a) employees who volunteer to accept the layoff;seniority; and (b) skill, ability and qualifications; (c) seniority. Employees will Nurses shall be laid off in ascending order on the basis of factor (ca) provided where, in the opinion of the EmployerCentre, that the senior Employees have the requisite skill, ability and qualifications to perform the work. The Employer agrees not to act factors in an arbitrary, discriminatory or in bad faith when determining the skill, ability and qualifications(b) are relatively equal. 11.02 12.02 Where a lay-off pursuant to this article is defined pursuant to the Employment Standards Act, 2000, as constituting termination of employment, the Employer Centre shall provide the Employee(sNurse(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 a Nurse is required by the said Act to waive recall rights in order to receive pay in lieu of notice. 11.03 12.03 Where, in advance of the lay-off of an Employee(s)a Nurse or Nurses, the Employer Centre expects the lay-lay- off to exceed sixteen eight (16) 8) weeks in duration, the Employer Centre will, where possible, so advise the Union Association at least two four (24) weeks prior to advising the Employee(sNurse(s) affected of their lay-off. 11.04 12.04 Where the Employer Centre decides to increase the number of working forces in a classification, which increase is expected to exceed a period of two (2) weeks, and there are persons on layoff from the classification with recall rights, the following shall apply. The Centre agrees that persons on lay off with recall rights shall be selected for recall based by the Centre considering the following factors: (a) seniority; and (b) skill, ability and qualifications. Persons on reverse lay off with recall rights shall be recalled in descending order on the basis of the layoff provided factor (a) where, in the opinion of the EmployerCentre, that the senior Employees have the requisite skillfactors in (b), 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 qualificationsare relatively equal.

LAY-OFF AND RECALL. 11.01 Where the Employer decides to reduce the number of working 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; (b) availability to work the remaining scheduled shifts; (c) skill, ability and qualifications; (cd) seniority. Employees will be laid off in ascending order on the basis of factor (cd) provided in the opinion of the Employer, that the senior Employees employees who are entitled to remain on the basis of seniority have the requisite skill, ability and qualifications to perform the available 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 provide the Employee(s) concerned with notice of termination, or pay in lieu thereforethereof, consistent with the provisions of the Employment Standards Act, 2000, it being specifically understood that an Employee is required by the said Act to waive recall rights in order to receive pay in lieu of notice. 11.03 Where, in advance of the lay-off of an Employee(s)employee or employees, the Employer expects the lay-off to exceed sixteen (16) 16 weeks in duration, the Employer will, where possible, so advise the Union at least two one (21) weeks prior to advising the Employee(s) affected of their lay-off. 11.04 Where the The Employer decides to increase the number of working forces in a classification, persons on layoff shall be selected for recall employees based on reverse order of the layoff provided in the opinion of the Employer, that the senior Employees employees have the requisite skill, ability and qualifications to perform the available work. The Notice of recall will be sent to the last known address of the employee. It shall be the responsibility of the employee to keep the Employer agrees informed of their current address. If any employee fails to do so, the Employer will not be responsible for a failure of a notice to act in reach an arbitrary, discriminatory or in bad faith when determining the skill, ability and qualificationsemployee.

LAY-OFF AND RECALL. 11.01 Where the Employer decides (a) In cases of lay-off expected to reduce the number exceed a period of working forces in a classification twelve (12) weeks, the following provision shall apply. The : In the event of a lay-off, the Employer agrees that Employees employees shall be selected for lay off by the Employer considering the following factors: (a) employees who volunteer to accept the layoff; (b) skill, ability and qualifications; (c) seniority. Employees will be laid off in ascending reverse order on the basis of factor (c) their seniority provided that, in the opinion of the Employer, that the senior Employees have the requisite skill, ability and qualifications they are able to perform the available work. The When work becomes available, employees who have not lost their seniority as provided in Article 11 shall be recalled to work in order of seniority provided that, in the opinion of the Employer, they have the ability to perform the available work. It is the responsibility of employees to ensure that the Employer agrees has a current address and telephone number at all times. If an employee should fail to do so, the Employer will not be responsible for the failure of any communication to act in an arbitrary, discriminatory or in bad faith when determining reach the skill, ability and qualificationsemployee. 11.02 Where (b) In the event of a proposed lay-off pursuant to this article is defined pursuant to the Employment Standards Act, 2000, as constituting termination of employmentoff, the Employer shall 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 waive recall rights in order to receive pay in lieu of notice. 11.03 Where, in advance of the lay-off of an Employee(s), the Employer expects the lay-off to exceed sixteen (16) weeks in duration, the Employer will, where possible, so advise the Union at least two (2) weeks prior to advising months advance notice, whenever possible. This notice provision shall not apply where the Employee(s) affected of their lay-offoff is not expected to exceed twelve (12) weeks, where two (2) week notice shall be provided whenever possible. 11.04 Where the Employer decides to increase the number of working forces in a classification12.02 Any employee who is laid off may displace an employee with less seniority provided that, persons on layoff shall be selected for recall based on reverse order of the layoff provided in the opinion of the Employer, that he/she possesses the senior Employees have necessary skills and qualifications, is capable of performing the requisite skillduties for such work. 12.03 In determining the ability of an employee to perform available work, the Employer will consider: (a) professional qualifications, training, experience, education, knowledge, ability and qualifications to perform the work. requirements of the job, and (b) seniority Where the Employer determines that the factors in (a) are relatively equal, seniority shall be the governing factor. 12.04 Employees on lay-off are entitled to apply for any vacancies and new positions in the bargaining unit arising out of a job posting. 12.05 The Employer agrees not shall pay for Health & Welfare Benefits as per Article 21.01 up to act the end of the third (3rd) month following the month in an arbitrary, discriminatory or in bad faith when determining which the skill, ability layoff is effective for Extended Health and qualificationsDental.