Lay-off Procedure. A permanent employee subject to lay off will be placed using the following procedures in the order set out below: a) An employee will first be offered any available permanent vacancy for which the employee has the required qualifications. The employee will have a maximum of five (5) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year. b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position. c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications. d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position for which they are qualified, the employee shall be laid off. e) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03. f) Permanent full-time employees and permanent part-time employees will be restricted to positions under a), b), c), and d) on their respective seniority lists. g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply. h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off. i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 6 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Lay-off Procedure. A permanent employee (a) In the event of lay-off, the Employer shall first lay-off Employees in the reverse order of their seniority within their classification, provided that there remain on the job Employees who have the skills to perform the work.
(b) An Employee who is subject to lay lay-off will be placed using shall have the following procedures in the order set out belowright to either:
a(i) An employee will first be offered any available permanent vacancy for which Accept the employee has the required qualifications. The employee will have lay-off; or
(ii) First bump an Employee with less unit seniority within his or her Home in a maximum of five (5) working days to accept lower or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law, and can perform the employee shall duties of the lower or identical paying classification without training other than orientation.
(iii) Chain bumping within the Home will be allowed with the understanding that an Employee subject to layoff who chooses to bump, must bump an Employee with less seniority who has scheduled hours equal to or less than the Employee laid off, subject to paragraph (vi) below.
e(iv) If Consistent with the employee is not placed through opportunity to chain bump, all Employees who are potentially impacted will be given notice of lay off at the above procedures, outset of the employee shall be laid off pursuant to Clause 10.03process.
f(v) Permanent An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid-off Employee is within one percent (1%) of the laid-off Employee’s straight time hourly wage rate.
(vi) In the event that there are no Employees within the laid-off Employee’s classification with lesser seniority who have scheduled hours equal to, or less than the Employee being laid off, such Employee may bump a less senior Employee with greater regularly scheduled hours within 10% of the laid-off Employee’s regularly scheduled bi-weekly hours within her classification.
(vii) It is understood and agreed that if a part-time Employee bumps a full-time employees and permanent partEmployee as part of the above-noted procedure, the part- time Employee is accepting the full-time employees position only.
(viii) In the event that there are no Employees with lesser seniority in lower or identical paying classifications as defined in this Article, a laid-off Employee will have the right to displace an Employee with less seniority, who has scheduled hours equal to or less than the Employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid-off Employee is within five percent (5%) of the laid-off Employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.
(ix) The decision of the Employee to choose (i) or (ii) above shall be given in writing to the General Manager within three (3) days following the notification of lay-off. Employees failing to do so will be restricted deemed to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of have accepted the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid lay-off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Lay-off Procedure. A permanent employee subject
(a) Where a surplus of employee(s) within a classification exists on a shift, the Employer may serve a notice of lay-off to lay off will be placed using the following procedures most junior employee(s) in the order set out below:same classification on that shift. However, if the employee(s) thus served with notice have greater seniority than an employee(s) on another shift in the same classification; they may bump such most junior employee(s).
a(b) An employee will first be offered any available permanent vacancy for which who is subject to lay-off shall have the employee has the required qualifications. The employee will have a maximum of five right to either:
(5i) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or
(ii) first bump an employee with less bargaining unit seniority within his or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains her bargaining unit (full-time or part-time) in the position to which the employee was transferred a lower or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the duties of the lower or identical paying classification without training other than orientation.
(iii) Chain bumping will be allowed with the understanding that an employee subject to layoff who chooses to bump, must bump the employee shall be with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.
e(iv) If Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process.
(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employees straight time hourly wage rate.
(vi) In the event that there are no employees within the laid off employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee is not placed through being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within 10% of the above procedureslaid off employee’s regularly scheduled bi-weekly hours within her classification.
(vii) When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the employee shall seniority lists will be merged and the laid off pursuant to Clause 10.03.
f) Permanent employee may bump into the other bargaining unit. It is understood and agreed that if a part-time employee bumps a full-time employees and permanent partemployee as part of the above-noted procedure, the part- time employee is accepting the full-time position only.
(viii) In the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.
(ix) The decision of the employee to choose (i) or (ii) above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be restricted deemed to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of have accepted the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid lay-off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Lay-off Procedure. A permanent employee subject (a) Where a surplus of employee(s) within a classification exists on a shift, the Employer may serve a notice of lay-off to lay off will be placed using the following procedures most junior employee(s) in the order set out below:same classification on that shift. However, if the employee(s) thus served with notice have greater seniority than an employee(s) on another shift in the same classification; they may bump such most junior employee(s).
a(b) An employee will first be offered any available permanent vacancy for which who is subject to lay-off shall have the employee has the required qualifications. The employee will have a maximum of five right to either:
(5i) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or
(ii) first bump an employee with less bargaining unit seniority within his or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains her bargaining unit (full-time or part-time) in the position to which the employee was transferred a lower or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the duties of the lower or identical paying classification without training other than orientation.
(iii) Chain bumping will be allowed with the understanding that an employee subject to layoff who chooses to bump, must bump the employee shall be with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.
e(iv) If Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process.
(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employees straight time hourly wage rate.
(vi) In the event that there are no employees within the laid off employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee is not placed through being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within 10% of the above procedureslaid off employee’s regularly scheduled bi-weekly hours within her classification.
(vii) When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the employee shall seniority lists will be merged and the laid off pursuant to Clause 10.03.
f) Permanent employee may bump into the other bargaining unit. It is understood and agreed that if a part-time employee bumps a full- time employee as part of the above-noted procedure, the part-time employee is accepting the full-time position only.
(viii) In the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and permanent partcan perform the duties without training other than orientation.
(ix) The decision of the employee to choose (i) or (ii) above shall be given in writing to the Administrator within three (3) days following the notification of lay-time employees off. Employees failing to do so will be restricted deemed to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of have accepted the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid lay-off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Lay-off Procedure. A permanent employee (a) In the event of a layoff, the Employer shall identify the department, classification, shift/hours and status of incumbent(s) (full-time or part-time) in the position determined to be surplus.
(b) The Employer shall post a notice of layoff, identifying the department, classification, shift/hours and position(s) affected by the layoff. The most junior Employee in the department, classification and shift with the same status (full-time, part-time) shall be subject to lay off layoff.
(c) If the position declared to be surplus is currently held by an Employee for a specific period of time, the Employee will be placed using removed from the following procedures position. The incumbent for the position will be subject to layoff in accordance with this Article. An Employee who is subject to lay-off shall have the right to either:
(i) accept the lay-off; or
(ii) displace an Employee with less bargaining unit seniority within his or her classification (including a position on another shift in the order set out below:same classification) or in a lower or identical paying classification for which he/she has the skills, ability, qualifications and availability to perform the available work without training.
a(d) When more than one Employee is affected by a surplus declaration, the most senior Employee in the affected classification will exercise his/her rights first, followed by the next most senior Employee in the same manner until the required reduction in staff has occurred.
(e) Chain displacement will be allowed with the understanding that an Employee subject to lay-off who chooses to displace, must displace an Employee with less seniority who has scheduled hours based on the master schedule requirements equal to or less than the Employee laid off. Consistent with the opportunity to chain displace, the posted notice of layoff of the originally affected Employee(s) shall constitute notice of layoff to all Employees who are potentially impacted by the layoff. Notwithstanding the above, the Employer agrees to meet with all those Employees who are potentially affected prior to posting the notice of layoff.
(f) An employee will first be offered identical paying classification shall include any available permanent vacancy for which classification where the employee has straight time hourly wage rate at the required qualifications. The employee will have a maximum level of five (5) working days service corresponding to accept or reject such vacancy. If that of the employee accepts the vacancy and the hourly rate laid off Employee is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of within one percent (1%) calendar yearof the laid off Employee’s straight time hourly wage rate.
b(g) If In the event that there are no vacancies available for which Employees in the employee bargaining unit with lesser seniority in lower or identical paying classifications as defined in this Article, a laid-off Employee will have the right to displace an Employee with less seniority, who has scheduled hours equal to or less than the required qualificationsEmployee laid off, or if available, in a classification where the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's straight time hourly rate at the level of pay will be maintained so long as service corresponding to that of the employee remains in laid off Employee is within five percent (5%) of the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the laid off Employee’s straight time hourly rate of pay of provided her or she is qualified for and can perform the new position equals or surpasses the hourly rate of pay of their previous positionduties without training other than orientation.
c(h) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position for which they are qualified, the employee shall be laid off.
e) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent A full-time employees and permanent Employee may bump a part-time employees will be restricted to positions under a), b), c), and d) on their respective seniority listsEmployee. A part-time Employee may not bump a full-time Employee.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
(i) The procedures set out above in a) through h) decision of the Employee to displace or accept the layoff shall be completed given in writing to the Executive Director within twentythree (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off. For the purposes of this Article, seniority shall be determined as of the date of notice of layoff pursuant to Article 9.02 (b).
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Lay-off Procedure. A permanent employee (a) In the event of a layoff, the Employer shall identify the department, classification, shift/hours and status of incumbent(s) (full-time or part-time) in the position determined to be surplus.
(b) The Employer shall post a notice of layoff, identifying the department, classification, shift/hours and position(s) affected by the layoff. The most junior Employee in the department, classification and shift with the same status (full-time, part-time) shall be subject to lay off layoff.
(c) If the position declared to be surplus is currently held by an Employee for a specific period of time, the Employee will be placed using removed from the following procedures position. The incumbent for the position will be subject to layoff in accordance with this Article. An Employee who is subject to lay-off shall have the right to either:
(i) accept the lay-off; or
(ii) displace an Employee with less bargaining unit seniority within his or her classification (including a position on another shift in the order set out below:same classification) or in a lower or identical paying classification for which he/she has the skills, ability, qualifications and availability to perform the available work without training.
a(d) When more than one Employee is affected by a surplus declaration, the most senior Employee in the affected classification will exercise his/her rights first, followed by the next most senior Employee in the same manner until the required reduction in staff has occurred.
(e) Chain displacement will be allowed with the understanding that an Employee subject to lay-off who chooses to displace, must displace an Employee with less seniority who has scheduled hours based on the master schedule requirements equal to or less than the Employee laid off. Consistent with the opportunity to chain displace, the posted notice of layoff of the originally affected Employee(s) shall constitute notice of layoff to all Employees who are potentially impacted by the layoff. Notwithstanding the above, the Employer agrees to meet with all those Employees who are potentially affected prior to posting the notice of layoff.
(f) An employee will first be offered identical paying classification shall include any available permanent vacancy for which classification where the employee has straight time hourly wage rate at the required qualifications. The employee will have a maximum level of five (5) working days service corresponding to accept or reject such vacancy. If that of the employee accepts the vacancy and the hourly rate laid off Employee is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of within one percent (1%) calendar yearof the laid off Employee’s straight time hourly wage rate.
b(g) If In the event that there are no vacancies available for which Employees in the employee bargaining unit with lesser seniority in lower or identical paying classifications as defined in this Article, a laid-off Employee will have the right to displace an Employee with less seniority, who has scheduled hours equal to or less than the required qualificationsEmployee laid off, or if available, in a classification where the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's straight time hourly rate at the level of pay will be maintained so long as service corresponding to that of the employee remains in laid off Employee is within five percent (5%) of the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the laid off Employee’s straight time hourly rate of pay of provided her or she is qualified for and can perform the new position equals or surpasses the hourly rate of pay of their previous positionduties without training other than orientation.
c(h) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position for which they are qualified, the employee shall be laid off.
e) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent A full-time employees and permanent Employee may bump a part-time employees will be restricted to positions under a), b), c), and d) on their respective seniority listsEmployee. A part-time Employee may not bump a full-time Employee.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
(i) The procedures set out above in a) through h) decision of the Employee to displace or accept the layoff shall be completed given in writing to the Executive Director within twentyseven (7) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off. For the purposes of this Article, seniority shall be determined as of the date of notice of layoff pursuant to Article 9.02 (b).
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Lay-off Procedure. A permanent employee subject At the Medex Facility, the amendments providing for the merging of seniority lists will only occur with the agreement of the other bargaining unit.
(a) In the event of a layoff the seniority lists shall be deemed to lay off will be placed using merged according to the following procedures in the order formula as set out below:in Article 10.05
a(b) In the event of a layoff, the Employer shall first give notice of layoff to employees in reverse order of their seniority within their classification, shift and area of assignment, provided that there remain on the job employees who have the ability and qualifications as required by law to perform the work.
(c) An employee will first be offered any available permanent vacancy for which who is subject to lay-off shall have the employee has the required qualifications. The employee will have a maximum of five right to either:
(5i) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or
(ii) first bump an employee with less seniority in a lower or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the employee shall be laid offduties of the lower or identical paying classification without training other than orientation.
e(iii) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees Chain bumping will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If allowed with the understanding that an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.
(iv) Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process.
(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employee’s straight time hourly wage rate.
(vi) In the event that there are no employees within the laid off employee’s classification with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within 10% of the laid off employee’s regularly scheduled bi-weekly hours within her classification.
(vii) In the event that there are no employees with lesser seniority in a lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.
(viii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the Administrator within seven (7) calendar days following the notification of layoff. Employees failing to give such notice will be terminated before deemed to have accepted the permanent employee is laid offlayoff.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Lay-off Procedure. A permanent employee subject At the Medex Facility, the amendments providing for the merging of seniority lists will only occur with the agreement of the other bargaining unit.
(a) In the event of a layoff the seniority lists shall be deemed to lay off will be placed using merged according to the following procedures in the order formula as set out below:in Article 10.05
a(b) In the event of a layoff, the Employer shall first give notice of layoff to employees in reverse order of their seniority within their classification, shift and area of assignment, provided that there remain on the job employees who have the ability and qualifications as required by law to perform the work.
(c) An employee will first be offered any available permanent vacancy for which who is subject to lay-off shall have the employee has the required qualifications. The employee will have a maximum of five right to either:
(5i) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or
(ii) first bump an employee with less seniority in a lower or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the employee shall be laid offduties of the lower or identical paying classification without training other than orientation.
e(iii) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees Chain bumping will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If allowed with the understanding that an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.
(iv) Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process.
(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employee’s straight time hourly wage rate.
(vi) In the event that there are no employees within the laid off employees classification with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within 10% of the laid off employee’s regularly scheduled bi-weekly hours within her classification.
(vii) In the event that there are no employees with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.
(viii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the Administrator within seven (7) calendar days following the notification of layoff. Employees failing to give such notice will be terminated before deemed to have accepted the permanent employee is laid offlayoff.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Lay-off Procedure. A permanent employee subject (a) Where a surplus of employee(s) within a classification exists on a shift, the Employer may serve a notice of lay-off to lay off will be placed using the following procedures most junior employee(s) in the order set out below:same classification on that shift. However, if the employee(s) thus served with notice have greater seniority than an employee(s) on another shift in the same classification; they may bump such most junior employee(s).
a(b) An employee will first be offered any available permanent vacancy for which who is subject to lay-off shall have the employee has the required qualifications. The employee will have a maximum of five right to either:
(5i) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or
(ii) first bump an employee with less bargaining unit seniority within his or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains her bargaining unit (full-time or part-time) in the position to which the employee was transferred a lower or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the duties of the lower or identical paying classification without training other than orientation.
(iii) Chain bumping will be allowed with the understanding that an employee subject to layoff who chooses to bump, must bump the employee shall be with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.
e(iv) If Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process.
(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employees straight time hourly wage rate.
(vi) In the event that there are no employees within the laid off employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee is not placed through being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within 10% of the above procedureslaid off employee’s regularly scheduled bi-weekly hours within her classification.
(vii) When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the employee shall seniority lists will be merged and the laid off pursuant to Clause 10.03.
f) Permanent employee may bump into the other bargaining unit. It is understood and agreed that if a part-time employee bumps a full-time employees and permanent partemployee as part of the above-noted procedure, the part- time employee is accepting the full-time position only.
(viii) In the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.
(ix) The decision of the employee to choose (i) or (ii) above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be restricted deemed to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of have accepted the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid lay-off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Lay-off Procedure. A permanent employee subject In the event of lay-off, the Employer shall lay-off employees in reverse order of seniority within their classification, provided that there remain on the job employees who are able to lay off will be placed using meet the following procedures in normal requirements of the order set out below:job.
(a) An employee will first be offered any available permanent vacancy for which who is subject to lay-off shall have the right to either:
i) Accept the lay-off; or
ii) Displace an employee who has • less bargaining unit seniority in a lower or identical paying classification; and • who has scheduled hours less than or equal to the employee has the required qualifications. The employee will have a maximum of five (5) working days to accept or reject such vacancy. If being laid off; and • if the employee accepts originally subject to lay-off is qualified for and can perform the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar yearduties without training other than orientation.
(b) If there are no vacancies available for which the An employee has the required qualifications, who wishes to exercise his or if available, the her right to displace another employee does not accept the vacancy and with less seniority shall advise the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay within seven (7) days of the new position equals or surpasses date of the hourly rate notice of pay of their previous positionlayoff issued by the Employer.
(c) If there are no vacancies for which For the employee has purpose of the required qualificationsoperation of clause (a) ii), or if available, the employee does laid off part-time employees shall not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualificationsright to displace full-time employees.
(d) This process will continue in order of seniority until each permanent In the event that an employee subject to lay is laid off obtains a position for which they from the full-time Bargaining Unit and provided that no other full-time Bargaining Unit positions are qualified or it is determined there are no positions available for which the employee is qualified. If qualified and able to perform the duties without training other than orientation, the full- time Bargaining Unit employee shall then be allowed to displace a part-time Bargaining Unit employee with less seniority provided that the employee does is qualified for and can perform duties without training other than orientation.
(a) An employee shall have opportunity of recall from a lay-off to an available opening, in order of seniority, provided she has the ability for and can perform the duties without training other than orientation, and provided such opening is first posted under the job posting procedure, and has not select a position for been filled.
(b) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(c) It is the responsibility of the employee who has been laid off to notify the Employer of his/her intention to return to work within seven (7) calendar days after being notified to do so by registered mail, (which they are qualified, notification shall be deemed to have been received on the second date of mailing) and return to work within seven (7) calendar days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall be laid offreport for work.
e(d) If the employee is not placed through the above procedures, the employee Employees on lay-off or notice of lay-off shall be laid off pursuant given preference for temporary vacancies, which are expected to Clause 10.03exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision.
f) Permanent full-time employees and permanent part-time employees will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee subject to lay off will be placed using the following procedures in the order set out below:
a) An employee will first be offered any available permanent vacancy for which the employee has the required qualifications. The employee will have a maximum of five (5) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee he/she remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee he/she remains in the position to which the employee he/she was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the his/her new position equals or surpasses the hourly rate of pay of their his/her previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.. If the employee does not select this position he/she will be laid off. [2014]
d) If the employee does not have the required qualifications for the permanent position held by less senior employee; then they will be entitled to select the position held by the next less senior employee on the seniority list if he/she has the required qualifications. This process will continue in order of seniority until each permanent the employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee he/she is qualified. If the employee does not select a position for which they are he/she is qualified, the employee he/she shall be laid off.
e) If the employee is not placed through the above procedures, the employee he/she shall be laid off pursuant to Clause Article 10.03.
f) Permanent full-time employees and permanent part-time employees will be restricted to positions under (a), (b), (c), and (d) on their respective seniority lists.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 09.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.. [2014]
i) The procedures set out above in (a) through - (h) shall be completed within twentytwenty (20) working days from the date of notice of lay off.
j) If there is any conflict between this procedure and that set out in the recall procedures of Clause 10.07, it shall be determined on the basis of the most senior qualified employee in the Bargaining Unit.
k) A Permanent employee who has been notified by the Employer, pursuant to Clause 10.03 of the Collective Agreement that he/she is to be laid off, may opt to accept severance pay as provided in Appendix “G” in lieu of exercising his/her rights under the provisions of Article 10.
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A In the event of a permanent employee subject to lay or long-term lay-off, the Employer shall lay-off will be placed using Employees within the following procedures affected classification in the reverse order set out below:of their seniority, provided that there remain on the job Employees who have the ability and qualifications as required by law to perform the work. Subject to the foregoing, probationary Employees shall be first laid-off. Employees shall be recalled from a lay-off to an available opening, in order of seniority, provided she has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. In determining the ability and qualifications of an Employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An Employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the lay-off should it become vacant within six (6) months of being recalled. No new Employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(a) An employee will first Employee who is transferred to a position outside of the bargaining unit shall, subject to (b) below retain, but not accumulate, her seniority held at the time of the transfer. In the event the Employee is returned to a position in the bargaining unit she shall be offered any available permanent vacancy credited with the seniority held at the time of transfer and resume accumulation from the date of her return to the bargaining unit.
(b) In the event that an Employee is transferred out of the bargaining unit under (a) above for the specific term or task which the employee has the required qualifications. The employee will have a maximum of five (5) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for does not exceed a period of one six (16) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, months or if available, the employee does not accept the vacancy an academic year and the Employer transfers or demotes the employee pursuant is returned to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains a position in the position bargaining unit, she shall not suffer any loss of seniority, service or benefits. It is understood and agreed that an Employee may decline such offer to which transfer and that the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate period of pay time referred to above may be extended by agreement of the new position equals or surpasses the hourly rate of pay of their previous positionparties.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position for which they are qualified, the employee shall be laid off.
e) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent In the event of lay-off, the employer shall lay-off employees in the reverse order of their seniority within their classification, and within their full-time or part-time unit, provided that there remain on the job employees who have the ability and qualifications as required by law to perform the work. An employee who is subject to lay lay-off will be placed using shall have the following procedures in the order set out below:
a) An employee will first be offered any available permanent vacancy for which the employee has the required qualifications. The employee will have a maximum of five (5) working days right to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not either: accept the vacancy and the Employer transfers lay-off; or demotes the first bump an employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains with less bargaining unit seniority within his or her bargaining unit or part-time) in the position to which the employee was transferred a lower or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the employee shall be laid off.
e) If duties of the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees lower or identical paying classification without training other than orientation. Chain bumping will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If allowed with the understanding that an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to layoff who chooses to scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process. An dent classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%)of the laid off employee's straight time hourly wage rate. vi In the event that there are no employees within the laid off employee's classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within of the laid off employee's regularly scheduled hours within her classification. When an employee subject to off chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be terminated before merged and the permanent laid off employee may bump into the other bargaining unit. In the event that there are no employees either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five (5) percent of the laid off.
i) off employee's straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation. The procedures set out decision of the employee to choose or above in a) through h) shall be completed within twentygiven in writing to the Administrator within
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee (a) In the event of lay off, the Employer shall lay off Employees in reverse order of seniority within their classification, provided that there remain on the job Employees who are able to meet the normal requirements of the job.
(b) An Employee who is subject to lay-off shall have the right to either:
i) Accept the lay off; or
ii) Displace an Employee who has - less bargaining unit seniority in a lower or identical paying classification; and - who has scheduled hours less than or equal to or within seven and a half hours (7½) hours more than the Employee being laid off; and - provided if the Employee originally subject to lay off will be placed using is qualified for and can perform the following procedures in duties without training other than orientation.
iii) An Employee who wishes to exercise her or her right to displace another Employee with less seniority shall advise the order set out below:Employer within three (3) calendar days of the date of the notice of layoff issued by the Employer.
iv) For the purpose of the operation of clause (b) ii), laid off part-time Employees shall not have the right to displace full-time Employees.
(a) An employee will first be offered any Employee shall have opportunity of recall from a lay-off to an available permanent vacancy for which the employee opening, in order of seniority, provided she has the ability and qualifications as required qualificationsto perform the work, and provided such opening is first posted under the job posting procedure, and has not been filled.
(b) No new Employees shall be hired until all those laid off (and have the qualifications and skill) have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(c) It is the responsibility of the Employee who has been laid off to notify the Employer of his/her intention to return to work within seven (7) calendar days after being notified to do so by registered mail, (which notification shall be deemed to have been received on the second date of mailing) and return to work within seven (7) calendar days after being notified. The employee will have a maximum of five (5) working days to accept or reject such vacancy. If notification shall state the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position job to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until Employee is eligible to be recalled and the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for date and time at which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualificationsEmployee shall report for work.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position for which they are qualified, the employee shall be laid off.
e) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee subject to lay (a) In the event of lay-off, the Employer shall first lay-off will be placed using the following procedures employees in the reverse order set out below:of their seniority within their classification, provided that there remain on the job employees who have the ability and qualifications as required by law to perform the work.
a(b) An employee will first be offered any available permanent vacancy for which who is subject to lay-off shall have the employee has the required qualifications. The employee will have a maximum of five right to either:
(5i) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or
(ii) first bump an employee with less bargaining unit seniority within his or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains her bargaining unit (full-time or part-time) in the position to which the employee was transferred a lower or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the employee shall be laid offduties of the lower or identical paying classification without training other than orientation.
e(iii) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees Chain bumping will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If allowed with the understanding that an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.
(iv) Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process.
(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employee’s straight time hourly wage rate.
(vi) In the event that there are no employees within the laid off employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within 10% of the laid off employee’s regularly scheduled bi-weekly hours within her classification.
(vii) When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be terminated before merged and the permanent laid off employee may bump into the other bargaining unit.
(viii) In the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.
(ix) The decision of the employee to choose (i) or (ii) above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent a) In the event of lay-off, the Employer shall first lay-off employees in the reverse order of their seniority within their classification, and on the shift where the layoff is occurring, provided that there remain on the job employees who have the ability and qualifications to perform the available work.
b) An employee who is subject to lay-off shall have the right to either:
(i) Accept the lay-off; or
(ii) First bump an employee with less bargaining unit seniority in a lower or identical paying classification provided she has the ability and qualifications to perform the available work, and can perform the duties of the lower or identical paying classification without training other than orientation.
(iii) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within five percent (5.0%) of the laid off employee’s straight time hourly wage rate.
(iv) Chain bumping will be allowed with the understanding that an employee subject to lay off will be placed using the following procedures in the order set out below:
a) An employee will first be offered any available permanent vacancy for which chooses to bump, must bump the employee with less seniority who has scheduled hours equal or less than the employee laid off, provided she has the required qualifications. ability and qualifications to perform the available work, and can perform the duties of the position without training other than orientation.
(v) The employee will have a maximum decision of five (5) working days to accept or reject such vacancy. If the employee accepts to choose (i) or (ii) above shall be given in writing to the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of Administrator within one (1) calendar year.
b) If there are no vacancies available for which week following the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant notification of lay-off. Employees failing to Clause 10.05, the employee's hourly rate of pay do so will be maintained so long as deemed to have accepted the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position for which they are qualified, the employee shall be laid lay-off.
e(vi) If For the employee is not placed through the above procedures, the employee shall be purposes of article 12.02 laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent may displace part-time employees will be restricted however, laid off part-time employees shall not have the right to positions under a), b), c), and d) on their respective seniority listsdisplace full-time employees.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee subject to a) In the event of a lay-off, the Employer shall lay off will be placed using the following procedures employees in the reverse order set out below:
a) An employee will first be offered any available permanent vacancy for which of their seniority within their classification, provided that there remain on the employee has job, employees who have the skill, ability and qualifications required qualifications. The employee will have a maximum of five (5) working days to accept or reject such vacancy. If perform the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar yearwork.
b) If there are no vacancies available for which An employee who is subject to lay-off shall have the right to either:
i) accept the lay-off; or
ii) opt to retire, if eligible under the terms of the Pension Plan; or
iii) displace an employee with less seniority and who has bargaining unit seniority in a lower or identical paying classification providing she/he has the skills, ability and qualifications required qualifications, or if available, to perform the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous positionduties.
c) If In the event that there are no vacancies for which employees with lesser seniority in a lower or identical paying classification as defined in this Article, a laid off employee shall have the right to displace an employee has with lesser seniority who is the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less least senior employee on in a classification where the seniority list if they have straight time hourly rate at the required qualifications.
d) This process will continue in order level of seniority until each permanent employee subject service corresponding to lay that of the laid off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualifiedwithin five percent (5%) of the laid off employee’s straight time hourly rate provided she is qualified for and can perform the duties without training other than orientation. If the Such employee does not select a position for which they are qualified, the employee so displaced shall be laid off.
d) An employee who chooses to exercise her/his right to displace another employee, shall advise the Employer in writing of her/his intention to do so, and shall identify the position to be claimed within seven (7) days after receiving the notice of lay-off.
e) If An employee who chooses to accept the employee lay-off shall notify the Employer in writing of her/his intention, within seven (7) days after receiving the notice of lay-off. It is not placed through the above proceduresunderstood that in doing so, the employee shall be laid off pursuant to Clause 10.03forfeits her/his bumping rights.
f) Permanent full-time employees and permanent part-time employees will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee subject (a) In the event of a layoff the seniority lists shall be deemed to lay off will be placed using merged according to the following procedures in the order formula as set out below:in Article 10.05
a(b) In the event of a layoff, the Employer shall first give notice of layoff to employees in reverse order of their seniority within their classification, shift and area of assignment, provided that there remain on the job employees who have the ability and qualifications as required by law to perform the work.
(c) An employee will first be offered any available permanent vacancy for which who is subject to lay-off shall have the employee has the required qualifications. The employee will have a maximum of five right to either:
(5i) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or
(ii) first bump an employee with less seniority in a lower or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the employee shall be laid offduties of the lower or identical paying classification without training other than orientation.
e(iii) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees Chain bumping will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If allowed with the understanding that an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.
(iv) Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process.
(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employee’s straight time hourly wage rate.
(vi) In the event that there are no employees within the laid off employee’s classification with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within 10% of the laid off employee’s regularly scheduled bi-weekly hours within her classification.
(vii) In the event that there are no employees with lesser seniority in a lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.
(viii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the Administrator within seven (7) calendar days following the notification of layoff. Employees failing to give such notice will be terminated before deemed to have accepted the permanent employee is laid offlayoff.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee a) Both parties recognize that job security shall increase in proportion to length of seniority as defined in this Agreement but that the Employer has the right and responsibility to select positions that are to be subject to lay layoff.
b) The Employer shall notify incumbents when positions are subject to lay-off. Thereafter employees may exercise their right to bump on a seniority basis. The laid-off will employee may bump any employee in an equal or lesser classification or pay grade, with less seniority provided the employee exercising the right is qualified pursuant to Article 11:03. With regard to clerical, custodial, and maintenance, “any employee” refers to the junior employee whose position has the same classification, location, shift, and hours as the bump choice. These options must be placed using exercised within seven (7) days of receiving notice. An employee who has been bumped shall be deemed to have been given layoff notice and shall follow the following procedures in the order set out below:above bumping procedure.
ac) An employee will first be offered any available permanent vacancy for which who has previously worked in a higher classification may bump into that previously held classification provided the employee has the required qualifications. The employee will have a maximum of five (5) working days is qualified subject to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar yearArticle 11:03.
bd) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position position(s) to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualificationscan bump, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position for which they are qualified, the such employee shall be laid laid-off.
e) If the employee It is not placed through the above procedures, the employee shall be laid intent of these lay-off pursuant and recall procedures that regular ten (10) month employees are allowed to Clause 10.03bump other employees during normal school closures.
f) Permanent fullWhen an employee’s hours are reduced, or his/her position is changed from twelve (12) to ten (10) months, s/he will have up to seven (7) days following notification of the reduction in hours to accept the reduction, in which case it will not constitute a lay-off. If the employee chooses not to accept the reduction of hours, or change in the position from twelve (12) to ten (10) months, notice of lay-off will deemed to have been given at the time employees and permanent part-time employees will be restricted to positions under a), the employee was notified of the reduction of hours. This process may run concurrently with Article 12:03 b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee subject (a) Where a surplus of employee(s) within a classification exists on a shift, the Employer may serve a notice of lay-off to lay off will be placed using the following procedures most junior employee(s) in the order set out below:same classification on that shift. However, if the employee(s) thus served with notice have greater seniority than an employee(s) on another shift in the same classification; they may bump such most junior employee(s).
a(b) An employee will first be offered any available permanent vacancy for which who is subject to lay-off shall have the employee has the required qualifications. The employee will have a maximum of five right to either:
(5i) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or
(ii) first bump an employee with less bargaining unit seniority within his or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains her bargaining unit (full-time or part-time) in the position to which the employee was transferred a lower or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the duties of the lower or identical paying classification without training other than orientation.
(iii) Chain bumping will be allowed with the understanding that an employee subject to layoff who chooses to bump, must bump the employee shall be with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.
e(iv) If Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process.
(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employee’s straight time hourly wage rate.
(vi) In the event that there are no employees within the laid off employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee is not placed through being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within 10% of the above procedureslaid off employees regularly scheduled bi-weekly hours within her classification.
(vii) When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the employee shall seniority lists will be merged and the laid off pursuant to Clause 10.03.
f) Permanent employee may bump into the other bargaining unit. It is understood and agreed that if a part-time employee bumps a full-time employees and permanent partemployee as part of the above-noted procedure, the part- time employee is accepting the full-time position only.
(viii) In the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.
(ix) The decision of the employee to choose (i) or (ii) above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be restricted deemed to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of have accepted the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid lay-off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee subject to lay (a) In the event of lay-off, the Employer shall first lay-off will be placed using the following procedures employees in the reverse order set out below:of their seniority within their classification, provided that there remain on the job employees who have the skills to perform the work.
a(b) An employee will first be offered any available permanent vacancy for which who is subject to lay-off shall have the employee has the required qualifications. The employee will have a maximum of five right to either:
(5i) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or
(ii) first bump an employee with less bargaining unit seniority within his or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains her bargaining unit (full-time or part-time) in the position to which the employee was transferred a lower or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the duties of the lower or identical paying classification without training other than orientation.
(iii) Chain bumping will be allowed with the understanding that an employee subject to layoff who chooses to bump, must bump the employee shall be with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.
e(iv) If Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process.
(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employee’s straight time hourly wage rate.
(vi) In the event that there are no employees within the laid off employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee is not placed through being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within 10% of the above procedures, the employee shall be laid off pursuant to Clause 10.03employee’s regularly scheduled bi-weekly hours within her classification.
f(vii) Permanent It is understood and agreed that if a full-time employees and permanent employee bumps a part-time employee as part of the above-noted procedure, the full- time employee is accepting the part-time position only, and vice versa.
(viii) In the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.
(ix) The decision of the employee to choose (i) or (ii) above shall be given in writing to the Human Resources representative within three (3) days following the notification of lay-off. Employees failing to do so, will be restricted deemed to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of have accepted the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid lay-off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee (a) In the event of lay off, the Employer shall lay off Employees in reverse order of seniority within their classification, provided that there remain on the job Employees who are able to meet the normal requirements of the job.
(b) An Employee who is subject to lay-off shall have the right to either:
i) Accept the lay off; or
ii) Displace an Employee who has - less bargaining unit seniority in a lower or identical paying classification; and - who has scheduled hours less than or equal to or within sevenand a half hours (7½) hours more than the Employee being laid off; and - provided if the Employee originally subject to lay off will be placed using is qualified for and can perform the following procedures in duties without training other than orientation.
iii) An Employee who wishes to exercise her or her right to displace another Employee with less seniority shall advise the order set out below:Employer within three (3) calendar days of the date of the notice of layoff issued by the Employer.
iv) For the purpose of the operation of clause (b) ii), laid off part-time Employees shall not have the right to displace full-time Employees.
(a) An employee will first be offered any Employee shall have opportunity of recall from a lay-off to an available permanent vacancy for which the employee opening, in order of seniority, provided she has the ability and qualifications as required qualificationsto perform the work, and provided such opening is first posted under the job posting procedure, and has not been filled.
(b) No new Employees shall be hired until all those laid off (and have the qualifications and skill) have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(c) It is the responsibility of the Employee who has been laid off to notify the Employer of his/her intention to return to work within seven (7) calendar days after being notified to do so by registered mail, (which notification shall be deemed to have been received on the second date of mailing) and return to work within seven (7) calendar days after being notified. The employee will have a maximum of five (5) working days to accept or reject such vacancy. If notification shall state the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position job to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until Employee is eligible to be recalled and the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for date and time at which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position Employee shall report for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position for which they are qualified, the employee shall be laid off.
e) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through h) shall be completed within twentywork.
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A In the event of a permanent employee subject or long-term lay-off, the employer shall lay-off employees within the affected classification in the reverse order of their seniority, provided that there remain on the job employees who have the ability and qualifications as required by law to lay perform the work. Subject to the foregoing, probationary employees shall be first laid-off. Employees who have been laid off will have the right to request to be placed using on the following procedures casual employee list. Employees shall be recalled from a lay-off to an available opening, in order of seniority, provided she has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the order set out below:collective agreement shall not apply until the recall process has been completed. In determining the ability and qualifications of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(a) An employee will first be offered any available permanent vacancy for which who is transferred to a position outside of the bargaining unit shall, subject to (b) below retain, but not accumulate, her seniority held at the time of the transfer. In the event the employee has is returned to a position in the required qualifications. The bargaining unit she shall be credited with the seniority held at the time of transfer and resume accumulation from the date of her return to the bargaining unit.
(b) In the event that an employee will have a maximum is transferred out of five the bargaining unit under (5a) working days to accept above for the specific term or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for task which does not exceed a period of one six (16) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy months and the Employer transfers or demotes the employee pursuant is returned to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains a position in the position bargaining unit, she shall not suffer any loss of seniority, service or benefits. It is understood and agreed that an employee may decline such offer to which transfer and that the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate period of pay time referred to above may be extended by agreement of the new position equals or surpasses the hourly rate of pay of their previous positionparties.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position for which they are qualified, the employee shall be laid off.
e) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee subject to lay
(a) In the event of lay-off, the Employer shall first lay-off will be placed using the following procedures employees in the reverse order set out below:of their seniority within their classification, provided that there remain on the job employees who have the skills to perform the work.
a(b) An employee will first be offered any available permanent vacancy for which who is subject to lay-off shall have the employee has the required qualifications. The employee will have a maximum of five right to either:
(5i) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or
(ii) first bump an employee with less bargaining unit seniority within his or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains her bargaining unit (full-time or part-time) in the position to which the employee was transferred a lower or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the duties of the lower or identical paying classification without training other than orientation.
(iii) Chain bumping will be allowed with the understanding that an employee subject to layoff who chooses to bump, must bump the employee shall be with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.
e(iv) If Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process.
(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employee’s straight time hourly wage rate.
(vi) In the event that there are no employees within the laid off employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee is not placed through being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within 10% of the above procedures, the employee shall be laid off pursuant to Clause 10.03employee’s regularly scheduled bi-weekly hours within her classification.
f(vii) Permanent It is understood and agreed that if a full-time employees and permanent employee bumps a part-time employees will be restricted to positions under a)employee as part of the above-noted procedure, b), c)the full- time employee is accepting the part-time position only, and d) on their respective seniority listsvice versa.
g(viii) If In the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee is placed through any with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the above procedures, laid off employee is within five percent (5%) of the posting provisions under Clause 08.01 will not applylaid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.
h(ix) Temporary employees in the same work area and who spend the majority The decision of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
choose (i) The procedures set out or (ii) above in a) through h) shall be completed given in writing to the Human Resources representative within twentythree
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee subject
(a) Where a surplus of employee(s) within a classification exists on a shift, the Employer may serve a notice of lay-off to lay off will be placed using the following procedures most junior employee(s) in the order set out below:same classification on that shift. However, if the employee(s) thus served with notice have greater seniority than an employee(s) on another shift in the same classification; they may bump such most junior employee(s).
a(b) An employee will first be offered any available permanent vacancy for which who is subject to lay-off shall have the employee has the required qualifications. The employee will have a maximum of five right to either:
(5i) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or
(ii) First bump an employee with less bargaining unit seniority within his or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains her bargaining unit (full-time or part-time) in the position to which the employee was transferred a lower or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the employee shall be laid offduties of the lower or identical paying classification without training other than orientation.
e(iii) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees Chain bumping will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If allowed with the understanding that an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.
(iv) Consistent with the opportunity to chain bump, all employees who are potentially impacted will be terminated before given notice of layoff at the permanent outset of the process.
(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employee’s straight time hourly wage rate.
(vi) In the event that there are no employees within the laid off employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off such employee may bump a less senior employee with greater regularly scheduled hours within 10% of the laid off employee’s regularly scheduled bi-weekly hours within her classification.
(vii) When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. It is understood and agreed that if a part-time employee bumps a full-time employee as part of the above-noted procedure, the part- time employee is accepting the full-time position only.
(viii) In the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.
(ix) The decision of the employee to choose (i) or (ii) above shall be given in writing to the Director of Administration within three (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.
i(x) The procedures set out above in a) through h) shall be completed within twentyAn employee who bumps another employee has no right to recall.
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee subject to lay (a) In the event of lay-off, the Employer shall first lay-off will be placed using the following procedures employees in the reverse order set out below:of their seniority within their classification, provided that there remain on the job employees who have the ability and qualifications as required by law to perform the work.
a(b) An employee will first be offered any available permanent vacancy for which who is subject to lay-off shall have the employee has the required qualifications. The employee will have a maximum of five right to either:
(5i) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or
(ii) first bump an employee with less bargaining unit seniority within his or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains her bargaining unit (full-time or part-time) in the position to which the employee was transferred a lower or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the duties of the lower or identical paying classification without training other than orientation.
(iii) Chain bumping shall be allowed with the understanding that an employee subject to layoff, who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.
(iv) Consistent with the opportunity to chain bump, all employees who are potentially impacted shall be given notice of lay off at the outset of the process.
(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employee’s straight time hourly wage rate.
(vi) In the event that there are no employees in the bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee shall have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.
e(vii) If The decision of the employee is not placed through the to choose (i) or (ii) above procedures, the employee shall be laid off pursuant given in writing to Clause 10.03.
fthe Executive Director within three (3) Permanent days following the notification of lay-off. Employees failing to do so shall be deemed to have accepted the lay-off. It is also understood and agreed that if a full-time employees and permanent employee bumps a part-time employees will be restricted to positions under a)employee as part of the above-noted procedure, b), c), and d) on their respective seniority lists.
g) If an the full- time employee is placed through any accepting the part-time position only. It is understood and agreed that if a part-time employee bumps a full-time employee as part of the above proceduresabove-noted procedure, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their part- time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid offaccepting the full-time position only.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A In the event of a permanent employee subject to lay or long-term lay-off, the employer shall lay-off will be placed using employees within the following procedures affected classification in the reverse order set out below:of their seniority, provided that there remain on the job employees who have the ability and qualifications as required by law to perform the work. Subject to the foregoing, probationary employees shall be first laid-off. Employees shall be recalled from a lay-off to an available opening, in order of seniority, provided she has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been completed. In determining the ability and qualifications of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(a) An employee will first be offered any available permanent vacancy for which who is transferred to a position outside of the bargaining unit shall, subject to (b) below retain, but not accumulate, her seniority held at the time of the transfer. In the event the employee has is returned to a position in the required qualifications. The bargaining unit she shall be credited with the seniority held at the time of transfer and resume accumulation from the date of her return to the bargaining unit.
(b) In the event that an employee will have a maximum is transferred out of five the bargaining unit under (5a) working days to accept above for the specific term or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for task which does not exceed a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position for which they are qualified, the employee shall be laid off.
e) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through h) shall be completed within twentysix
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee subject to lay (a) In the event of lay-off, the Employer shall first lay-off will be placed using the following procedures employees in the reverse order set out below:of their seniority within their classification, provided that there remain on the job employees who have the skills to perform the work.
a(b) An employee will first be offered any available permanent vacancy for which who is subject to lay-off shall have the employee has the required qualifications. The employee will have a maximum of five right to either:
(5i) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or
(ii) first bump an employee with less bargaining unit seniority within his or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains her bargaining unit (full-time or part-time) in the position to which the employee was transferred a lower or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the employee shall be laid offduties of the lower or identical paying classification without training other than orientation.
e(iii) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees Chain bumping will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If allowed with the understanding that an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.
(iv) Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process.
(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employee's straight time hourly wage rate.
(vi) In the event that there are no employees within the laid off employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within 10% of the laid off employee’s regularly scheduled bi-weekly hours within her classification.
(vii) When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be terminated before merged and the permanent laid off employee may bump into the other bargaining unit.
(viii) In the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.
(ix) The decision of the employee to choose (i) or (ii) above shall be given in writing to the Director of Administration within three (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee (a) Where a surplus of employee(s) within a classification exists on a shift, the Employer may serve a notice of lay-off to the most junior employee(s) in the same classification on that shift. However, if the employee(s) thus served with notice have greater seniority than an employee(s) on another shift in the same classification; they may bump such most junior employee(s).
(b) An Employee who is subject to lay lay-off will be placed using shall have the following procedures in the order set out belowright to either:
a(i) An employee will first be offered any available permanent vacancy for which the employee has the required qualifications. The employee will have a maximum of five (5) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or
(ii) first bump an Employee with less bargaining unit seniority within his or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains her bargaining unit (full-time or part-time) in the position to which the employee was transferred a lower or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the employee shall duties of the lower or identical paying classification without training other than orientation.
(iii) Chain bumping will be allowed with the understanding that an Employee subject to layoff who chooses to bump, must bump the Employee with less seniority who has scheduled hours equal to or less than the Employee laid off, subject to paragraph (vi) below.
e(iv) If Consistent with the employee opportunity to chain bump, all Employees who are potentially impacted will be given notice of lay off at the outset of the process.
(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off Employee is not placed through within one percent (1%) of the above procedureslaid off Employee’s straight time hourly wage rate.
(vi) In the event that there are no Employees within the laid off Employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the Employee being laid off, such Employee may bump a less senior Employee with greater regularly scheduled hours within 10% of the laid off Employee’s regularly scheduled bi-weekly hours within her classification.
(vii) When an Employee subject to layoff chooses to bump and there are no Employees with less seniority within his or her bargaining unit, the employee shall seniority lists will be merged and the laid off pursuant to Clause 10.03.
f) Permanent Employee may bump into the other bargaining unit. It is understood and agreed that if a part-time Employee bumps a full-time employees and permanent Employee as part of the above-noted procedure, the part-time employees Employee is accepting the full-time position only.
(viii) In the event that there are no Employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off Employee will have the right to displace an Employee with less seniority, who has scheduled hours equal to or less than the Employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off Employee is within five percent (5%) of the laid off Employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.
(ix) The decision of the Employee to choose (i) or (ii) above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be restricted deemed to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of have accepted the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid lay-off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent In the event of a reduction in the work force, lay-off shall commence with the employee subject with the least amount of total Departmental seniority with the Fire Department within the job classification (rank) affected. Employees shall be given one (1) month’s notice of lay-off. Ability and qualifications being sufficient, an so laid off shall be permitted to lay use his total seniority wit the Fire Department to displace an employee with less seniority in a lower job grade. An employee who elect; to use his seniority, as in Article shall receive the of pay for the position which he secures. Employees so laid off shall retain, but shall not accrue their seniority while laid off. Any employee who has been laid off for twelve consecutive months lose any previously acquired seniority and will be placed using rehired only as a new employee. An employee whose seniority has been terminated as a result of a lay-off ma be rehired as a new employee, but at a classification not greater t an previously held. In the following procedures event of recall or increase in the order set out below:
a) work force, positions will be filled in the reverse manner to the lay-off, providing ability and qualifications are sufficient. An employee will first be offered any available permanent vacancy for which the employee has the required qualifications. The employee will deemed to have a maximum of resigned, if, after lay-off, he fails to acknowledge his availability to report to work within five (5) days after notice of recall is issued (excluding Saturday, Sunday and Statutory Holidays) and further, if he fails to report for work within ten (10) working days to accept after notice of recall is issued. Employees hired on the same day will be retained or reject such vacancylaid off as applicable by the Chief’s evaluation. If Employees laid off may continue group life insurance and medical coverage with the employee accepts paying the vacancy one hundred per cent (100%) of the Corporation and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position cost for a period of one up to twelve (112) calendar yearmonths.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position for which they are qualified, the employee shall be laid off.
e) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee subject to lay (a) In the event of lay-off, the Employer shall first lay-off will be placed using the following procedures employees in the reverse order set out below:of their seniority within their classification, provided that there remain on the job employees who have the ability and qualifications as required by law to perform the work.
a(b) An employee will first be offered any available permanent vacancy for which who is subject to lay-off shall have the employee has the required qualifications. The employee will have a maximum of five right to either:
(5i) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or
(ii) first bump an employee with less bargaining unit seniority within his or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains her bargaining unit (full-time or part-time) in the position to which the employee was transferred a lower or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the employee shall be laid offduties of the lower or identical paying classification without training other than orientation.
e(iii) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees Chain bumping will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If allowed with the understanding that an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below .
(iv) Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process.
(v) In the event that there are no employees within the laid off employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within 10% of the laid off employee’s regularly scheduled bi- weekly hours within her classification.
(vi) When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be terminated before merged and the permanent laid off employee may bump into the other bargaining unit.
(vii) In the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation. The decision of the employee to choose (i) or (ii) above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee subject (a) Where a surplus of employee(s) within a classification exists on a shift, the Employer may serve a notice of lay-off to lay off will be placed using the following procedures most junior employee(s) in the order set out below:same classification on that shift. However, if the employee(s) thus served with notice have greater seniority than an employee(s) on another shift in the same classification; they may bump such most junior employee(s).
a(b) An employee will first be offered any available permanent vacancy for which who is subject to lay-off, shall have the employee has the required qualifications. The employee will have a maximum of five right to either:
(5i) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or
(ii) first bump an employee with less bargaining unit seniority within his or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains her bargaining unit (full-time or part-time) in the position to which the employee was transferred a lower or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the employee shall be laid offduties of the lower or identical paying classification without training other than orientation.
e(iii) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees Chain bumping will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If allowed with the understanding that an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.
(iv) Consistent with the opportunity to chain bump, all employees who are potentially impacted will be terminated before given notice of layoff at the permanent outset of the process.
(v) An identical paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid-off employee's straight-time hourly wage rate.
(vi) In the event that there are no employees within the laid off employee' classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within 10% of the laid-off employee's regularly scheduled bi-weekly hours within her classification.
(vii) When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid-off employee may bump into the other bargaining unit.
(viii) In the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this Article, a laid off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight- time hourly rate at the level of service corresponding to that of the laid- off employee is laid within five percent (5%) of the laid- off employee's straight-time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.
(ix) The decision of the employee to choose (i) or (ii) above shall be given in writing to the Administrator within three (3) days following the notification of layoff. Employees failing to do so will be deemed to have accepted the lay-off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent Full-time employees may only displace full-time employees. Part-time employees may only displace part-time employees. In no case shall an employee subject to lay off will be placed using the following procedures in the order set out below:
a) An that has had their position completely eliminated or a displaced employee, displace another employee will first be offered any available permanent vacancy for which with more seniority. If a senior employee's position is completely eliminated and the employee has the required qualifications. The employee will have chooses to displace a maximum of five (5) working days to accept or reject such vacancy. If less senior employee, the employee accepts shall displace the vacancy and the hourly rate is lower least senior employee in that vacant positiontheir pay grade, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualificationsif qualified, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is the least senior employee in their pay grade then the next lower pay grade, if qualified. If the employee does not select a position for which they are qualifiedis the least senior employee in the next lower pay grade, then the employee shall be displace the least senior employee in the next lower pay grade. This procedure shall continue until the least senior employee is laid off.
e) off in accordance with the Layoff Classification Chart. If the employee is not placed through the above proceduresleast senior employee in all pay grades, the employee will be placed on the recall list. An employee that chooses to displace another employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees placed in the appropriate pay grade for the position they are claiming. Placement on the pay step shall be on a pay step that will be restricted at the same rate of pay, if possible, or at the nearest lower rate of pay in comparison to positions under a)the rate of pay the employee was previously earning, b)which may be on a different pay step than the pay step the employee was previously placed. The displaced employee may displace the least senior employee in the next lower pay grade, c)if qualified, and d) on their respective seniority lists.
g) If an or if the employee is placed through any of the above procedures, least senior employee in that pay grade then the posting provisions under Clause 08.01 will not apply.
h) Temporary employees least senior employee in the same work area and who spend next lower pay grade, if qualified. This procedure shall continue until the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent least senior employee is laid off.
i) The procedures set out above off in a) through h) accordance with the Layoff Classification Chart. If the displaced employee is the least senior employee in all pay grades, the employee will be placed on the recall list. A displaced employee shall be completed within twentyplaced in the appropriate pay grade for the position that they are claiming. Placement on the pay step shall be on a pay step that will be at the same rate of pay, if possible, or at the nearest lower rate of pay in comparison to the rate of pay the employee was previously earning, which may be on a different pay step than the pay step the employee was previously placed.
Appears in 1 contract
Samples: Master Agreement
Lay-off Procedure. A permanent In the event of lay-off, the Employer shall lay-off employees in reverse order of seniority within their classification, provided that there remain on the job employees who are able to meet the normal requirements of the job.
(a) An employee who is subject to lay-off shall have the right to either:
i) Accept the lay-off; or
ii) Displace an employee who has • less bargaining unit seniority in a lower or identical paying classification; and • who has scheduled hours less than or equal to the employee being laid off; and • if the employee originally subject to lay off will be placed using is qualified for and can perform the following procedures in the order set out below:duties without training other than orientation.
a(b) An employee will first be offered any available permanent vacancy for which who wishes to exercise their right to displace another employee with less seniority shall advise the employee has Employer within seven (7) days of the required qualifications. The employee will have a maximum date of five (5) working days to accept or reject such vacancy. If the employee accepts notice of lay- off issued by the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar yearEmployer.
b(c) If there are no vacancies available for which For the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay purpose of the new position equals or surpasses operation of clause (a) ii), laid off part-time employees shall not have the hourly rate of pay of their previous positionright to displace full-time employees.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
(d) This process will continue in order of seniority until each permanent In the event that an employee subject to lay is laid off obtains a position for which they from the full-time bargaining unit and provided that no other full-time bargaining unit positions are qualified or it is determined there are no positions available for which the employee is qualified. If qualified and able to perform, the full-time bargaining unit employee shall then be allowed to displace a part-time bargaining unit employee with less seniority provided that the employee does is qualified and able to do the work available.
(a) An employee shall have opportunity of recall from a lay-off to an available opening for a period of eighteen (18) months from the date of lay-off, in order of seniority, provided they have the ability and qualifications to perform the work, and provided such opening is first posted under the job posting procedure, and has not select been filled by a position more senior employee. In determining the ability and qualifications as agreed between the parties, of an employee to perform the work for the purposes of the first sentence above, the Employer shall not act in an arbitrary manner.
(b) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(c) It is the responsibility of the employee who has been laid off to notify the Employer of their intention to return to work within seven (7) calendar days after being notified to do so by registered mail, (which they are qualified, notification shall be deemed to have been received on the second date of mailing) and return to work within seven (7) calendar days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall be laid offreport for work.
e(d) If the employee is not placed through the above procedures, the employee Employees on lay off or notice of lay-off shall be laid off pursuant given preference for temporary vacancies, which are expected to Clause 10.03exceed eight (8) weeks of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision.
f) Permanent full-time employees and permanent part-time employees will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent a) In the event of lay-off, the Employer shall first lay-off employees in the reverse order of their seniority within their classification, provided that there remain on the job employees have the ability and qualifications to perform the available work.
b) An employee who is subject to lay-off shall have the right to either:
i) Accept the lay-off; or
ii) First bump an employee with less bargaining unit seniority within his or her bargaining unit (full-time or part-time) in a lower or identical paying classification provided she has the ability and qualifications to perform the available work and can perform the duties of the lower or identical paying classification without training other than orientation.
iii) An employee who wishes to exercise his or her right to displace another employee with less seniority shall advise the Employer in writing within seven (7) days of the date of the notice of layoff issued by the Employer, failing which the employee shall be deemed to accept the lay-off.
iv) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employee’s straight time hourly wage rate.
v) Chain bumping will be allowed with the understanding that an employee subject to lay-off who chooses to bump, must bump the employee with less seniority who has scheduled hours equal or less than the employee laid, off, provided she has the ability and qualifications to perform the available work, and can perform the duties of the position without training other than orientation.
vi) Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off will be placed using at the following procedures in outset of the order set out below:process.
avii) An employee will first be offered any available permanent vacancy for which In the event that there are no employees within the laid off employee’s classification with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within 15% of the laid off employee’s regularly scheduled bi-weekly hours within her classification, provided she has the required qualifications. The ability and qualifications to perform the available work, and can perform the duties of the position without training other than orientation.
viii) In the event that there are no employees with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a maximum classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%)( of the laid off employee’s straight time hourly rate provided she has the ability and qualifications to perform the available work, and can perform the duties of the position without training other than orientation.
ix) working days to accept or reject such vacancy. If The decision of the employee accepts to choose (i) or (ii) above shall be given in writing to the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of Administrator within one (1) calendar year.
b) If there are no vacancies available for which week following the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant notification of lay-off. Employees failing to Clause 10.05, the employee's hourly rate of pay do so will be maintained so long as deemed to have accepted the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position for which they are qualified, the employee shall be laid lay-off.
e) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee subject
(a) Where a surplus of employee(s) within a classification exists on a shift, the Employer may serve a notice of lay-off to lay off will be placed using the following procedures most junior employee(s) in the order set out below:same classification on that shift. However, if the employee(s) thus served with notice have greater seniority than an employee(s) on another shift in the same classification; they may bump such most junior employee(s).
a(b) An employee will first be offered any available permanent vacancy for which who is subject to lay-off shall have the employee has the required qualifications. The employee will have a maximum of five right to either:
(5i) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or
(ii) first bump an employee with less bargaining unit seniority within a lower or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the duties of the lower or identical paying classification without training other than orientation.
(iii) Chain bumping will be allowed with the understanding that an employee subject to layoff who chooses to bump, must bump the employee shall be with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.
e(iv) If Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process.
(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employees straight time hourly wage rate.
(vi) In the event that there are no employees within the laid off employee’s classification with lesser seniority who have scheduled hours equal to, or less than the employee is not placed through being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within 10% of the above procedures, the employee shall be laid off pursuant to Clause 10.03employee’s regularly scheduled bi-weekly hours within her classification.
f(vii) Permanent full-time employees It is understood and permanent agreed that part-time employees are allowed to bump only part time employees.
(viii) In the event that there are no employees with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.
(ix) The decision of the employee to choose (i) or (ii) above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be restricted deemed to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of have accepted the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid lay-off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee subject to lay In the event of a lay-off, the Employer shall lay-off will be placed using the following procedures employees in the reverse order set out below:
a) An employee will first be offered any available permanent vacancy for which of their seniority within their classification, providing that there remain on the employee has job employees who have the ability and qualifications as required qualificationsby law to perform the work. The employee will have a maximum of five (5) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or demotes the first bump an employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains with less bargaining unit seniority within his or her bargaining unit (full-time or part-time) in the position to which the employee was transferred a lower or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law, and can perform the employee shall be laid off.
e) If duties of the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees lower or identical paying classification without training other than orientation. chain bumping will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If allowed with the understanding that an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay lay-off who chooses to bump must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph below. consistent with the opportunity to chain bump, all employees who are potentially impacted will be terminated before given notice of lay-off at the permanent outset of the process. an identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employee's straight time hourly wage rate. in the event that there are no employees within the laid off employee's classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off.
i, such employee may bump a less senior employee with greater regularly scheduled hours within ten percent (10%) The procedures set out above of the laid off employee's regularly scheduled hi-weekly hours within her classification. when an employee subject to lay-off chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. in the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee's straight time hourly rate provided he or she qualified for and can perform the duties without training other than orientation. the decision of the employee to choose (a) through h) or above shall be completed given in writing to the Administrator within twentythree days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee subject to lay (a) In the event of lay-off, the Employer shall lay-off will be placed using the following procedures employees in the reverse order set out below:of their seniority within their classification, provided that there remain on the job employees who have the ability and qualifications as required by law to perform the work.
a(b) An employee will first be offered any available permanent vacancy for which who is subject to lay-off shall have the right to either:
i) accept the layoff; or
ii) displace an employee who has lesser bargaining unit seniority in a lower or identical paying classification in the bargaining unit if the employee has originally subject to lay-off is qualified for and can perform the required qualifications. The employee will have a maximum of five (5) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay duties of the new position equals lower or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the identical paying classification without training other than orientation. Such employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position for which they are qualified, the employee so displaced shall be laid off.
eiii) If the procedure defined in part (a) and (b) (i) and (b) (ii) above shall apply to part-time employees, it being understood that a part-time layoff is separate and apart from a full-time layoff.
iv) the procedure defined in (a) and (b) above shall apply to part-time employees, it being understood that a part-time layoff is separate and apart from a full-time layoff.
(a) An employee shall have opportunity of recall from a lay-off to an available opening, in order of seniority, provided she has the ability and qualifications as required by law to perform the work, and provided such opening is first posted under the job posting procedure, and has not been filled. In determining the ability and qualifications as required by law, as agreed between the parties, of an employee to perform the work for the purposes of the first sentence above, the Employer shall not act in an arbitrary manner.
(b) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(c) It is the sole responsibility of the employee who has been laid off to notify the Employer of his/her intention to return to work within seven (7) calendar days after being notified to do so by registered mail, (which notification shall be deemed to have been received on the second date of mailing) and return to work within seven (7) calendar days after being notified. The notification shall state the job to which the employee is not placed through eligible to be recalled and the above procedures, date and time at which the employee shall be laid off pursuant to Clause 10.03report for work.
f) Permanent full-time employees and permanent part-time employees will be restricted to positions under a), b), c), and (d) Employees on their respective seniority lists.
g) If an employee is placed through any lay-off or notice of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay lay-off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through h) shall be completed within twentygiven preference for temporary vacancies, which are expected to exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay- off. This provision supersedes the job posting provision.
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee subject to lay
(a) In the event of lay-off, the Employer shall first lay-off will be placed using the following procedures employees in the reverse order set out below:of their seniority within their classification, provided that there remain on the job employees who have the ability and qualifications as required by law to perform the work.
a(b) An employee will first be offered any available permanent vacancy for which who is subject to lay-off shall have the employee has the required qualifications. The employee will have a maximum of five right to either:
(5i) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers lay-off; or
(ii) first bump an employee with less bargaining unit seniority within his or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains her bargaining unit (full-time or part-time) in the position to which the employee was transferred a lower or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the duties of the lower or identical paying classification without training other than orientation.
(iii) Chain bumping shall be allowed with the understanding that an employee subject to layoff, who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.
(iv) Consistent with the opportunity to chain bump, all employees who are potentially impacted shall be given notice of lay off at the outset of the process.
(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employee’s straight time hourly wage rate.
(vi) In the event that there are no employees in the bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee shall have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.
e(vii) If The decision of the employee is not placed through the to choose (i) or (ii) above procedures, the employee shall be laid off pursuant given in writing to Clause 10.03.
fthe Executive Director within three (3) Permanent days following the notification of lay-off. Employees failing to do so shall be deemed to have accepted the lay-off. It is also understood and agreed that if a full-time employees and permanent employee bumps a part-time employees will be restricted to positions under a)employee as part of the above-noted procedure, b), c), and d) on their respective seniority lists.
g) If an the full- time employee is placed through any accepting the part-time position only. It is understood and agreed that if a part-time employee bumps a full-time employee as part of the above proceduresabove-noted procedure, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their part- time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid offaccepting the full-time position only.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent
a) In the event of lay-off, the Employer shall first lay-off employees in the reverse order of their seniority within their classification, and on the shift where the layoff is occurring, provided that there remain on the job employees who have the ability and qualifications to perform the available work.
b) An employee who is subject to lay-off shall have the right to either:
(i) Accept the lay-off; or
(ii) First bump an employee with less bargaining unit seniority in a lower or identical paying classification provided they have the ability and qualifications to perform the available work, and can perform the duties of the lower or identical paying classification without training other than orientation.
(iii) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within five percent (5.0%) of the laid off employee’s straight time hourly wage rate.
(iv) Chain bumping will be allowed with the understanding that an employee subject to lay off will be placed using the following procedures in the order set out below:
a) An employee will first be offered any available permanent vacancy for which chooses to bump, must bump the employee with less seniority who has the required qualifications. The employee will have a maximum of five (5) working days to accept scheduled hours equal or reject such vacancy. If less than the employee accepts laid off, provided they have the vacancy ability and qualifications to perform the hourly rate is lower in that vacant positionavailable work, and can perform the employee's hourly rate will be maintained while duties of the position without training other than orientation.
(v) The decision of the employee remains to choose (i) or (ii) above shall be given in that vacant position for a period of writing to the Administrator within one (1) calendar year.
b) If there are no vacancies available for which week following the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant notification of lay-off. Employees failing to Clause 10.05, the employee's hourly rate of pay do so will be maintained so long as deemed to have accepted the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position for which they are qualified, the employee shall be laid lay-off.
e(vi) If For the employee is not placed through the above procedures, the employee shall be purposes of article 12.02 laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent may displace part-time employees will be restricted however, laid off part-time employees shall not have the right to positions under a), b), c), and d) on their respective seniority listsdisplace full-time employees.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent In the event of lay off, the Employer shall lay off employees in reverse order of seniority within their classification, provided that there remain on the job employees who are able to meet the normal requirements of the job.
(a) An employee who is subject to lay-off shall have the right to either:
i) Accept the lay off; or
ii) Displace an employee who has • less bargaining unit seniority in a lower or identical paying classification; and • who has scheduled hours less than or equal to the employee being laid off; and • if the employee originally subject to lay off will be placed using is qualified for and can perform the following procedures in the order set out below:duties without training other than orientation.
a(b) An employee will first be offered any available permanent vacancy for which who wishes to exercise his or her right to displace another employee with less seniority shall advise the employee has Employer within seven (7) days of the required qualifications. The employee will have a maximum date of five (5) working days to accept or reject such vacancy. If the employee accepts notice of layoff issued by the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar yearEmployer.
b(c) If there are no vacancies available for which For the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay purpose of the new position equals or surpasses operation of clause (a) ii), laid off part-time employees shall not have the hourly rate of pay of their previous positionright to displace full-time employees.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
(d) This process will continue in order of seniority until each permanent In the event that an employee subject to lay is laid off obtains a position for which they from the full-time bargaining unit and provided that no other full-time bargaining unit positions are qualified or it is determined there are no positions available for which the employee is qualified. If qualified and able to perform the duties without training other than orientation, the full- time bargaining unit employee shall then be allowed to displace a part-time bargaining unit employee with less seniority provided that the employee does is qualified for and can perform duties without training other than orientation.
(a) An employee shall have opportunity of recall from a lay-off to an available opening, in order of seniority, provided she has the ability for and can perform the duties without training other than orientation, and provided such opening is first posted under the job posting procedure, and has not select a position for been filled.
(b) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(c) It is the responsibility of the employee who has been laid off to notify the Employer of his/her intention to return to work within seven (7) calendar days after being notified to do so by registered mail, (which they are qualified, notification shall be deemed to have been received on the second date of mailing) and return to work within seven (7) calendar days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall be laid offreport for work.
e(d) If the employee is not placed through the above procedures, the employee Employees on lay off or notice of lay off shall be laid off pursuant given preference for temporary vacancies, which are expected to Clause 10.03exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay off. This provision supersedes the job posting provision.
f) Permanent full-time employees and permanent part-time employees will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee subject to lay off will 12.3.1 For layoff purposes, each job classification shall be placed using in either Category 1 or Category 2. Category 1 job classification shall be non-certified and support employees. Category 2 job classification shall be supervisory, licensed, and certified/mandatory trained employees. No full-time or regular part-time employee shall be laid off while there are any casual employees working within the scope of the bargaining unit.
12.3.2 In the event of a layoff of a bargaining unit employee, such employee shall be laid off in the reverse order of seniority within the employee’s designated Category as set forth in the following procedures in the order set out below:section. The below listed conditions shall apply whenever a layoff occurs.
a) An employee will first be offered any available permanent vacancy for which the employee has the required qualifications. The employee will have a maximum of five (5) working days to accept or reject such vacancy. If with the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will least seniority within their designated Category shall be maintained while the employee remains in that vacant position for a period of one (1) calendar year.laid off first; and
b) If there are no vacancies available Laid off employees may utilize their seniority to bump into a previously held position for which they remain qualified (an employee shall not be able to bump into a previously held position from which they were demoted for just cause) regardless of whether or not the employee has the required qualificationsbump is upward, downward or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous positionlateral.
c) If there are no vacancies for which and when a recall takes place the last employee has laid off, shall be the required qualifications, or if available, the first employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.recalled; and
d) This process will continue Where employees have the same seniority date, ties shall be broken by level of placement on the Employer’s hiring list, with the higher list position resulting in order the highest seniority placing; and
e) The employees right of recall shall expire after twenty-four (24) months; and
f) While on layoff status it shall be the responsibility of the employee to keep the Employer appraised of his or her current address; and
g) An employee who is laid off shall not suffer a loss of seniority until each permanent during the term of the layoff;
h) Xxxxxx notices shall be in writing and shall be provided to an affected employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which at least thirty (30) calendar days in advance of the employee is qualified. If the employee does not select a position for which they are qualified, the layoff date; and
i) An employee shall be laid offplaced on the salary range of the classification to which they have bumped and shall be placed at a step that commensurate with the employee’s years of service with the Employer.
e) If the employee is not placed through the above procedures12.3.3 For layoff purposes, the employee Categories shall be laid off pursuant to Clause 10.03.as follows:
f) Permanent full-time employees and permanent part-time employees will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through hCategory 2 Appraiser IV Appraiser III Appraiser II Appraiser I
b) shall be completed within twentyCategory 1
Appears in 1 contract
Samples: Collective Bargaining Agreement
Lay-off Procedure. A permanent employee
(a) In the event of a lay-off, the Employer shall lay-off Employees, commencing with probationary Employees, in the reverse order of their seniority within their classification, provided that there remain on the job Employees who have the ability and qualifications to perform the work.
(b) An Employee who is subject to lay lay-off will be placed using shall have the following procedures in the order set out belowright to either:
a(i) An employee will first be offered any available permanent vacancy for which Accept the employee has the required qualifications. The employee will have lay-off; or
(ii) First bump an Employee with less bargaining unit seniority within a maximum of five (5) working days to accept lower or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, and can perform the employee shall be laid offduties of the lower or identical paying classification without training other than orientation.
e(iii) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees Chain bumping will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If allowed with the understanding that an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee Employee subject to lay off who chooses to bump must bump the Employee with less seniority who has scheduled hours equal to or less than the Employee being laid off, subject to paragraph (vi) below.
(iv) Consistent with the opportunity to chain bump, all Employees who are potentially impacted will be terminated before given notice of layoff at the permanent outset of the process.
(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off Employee is within one percent (1%) of the laid off Employee’s straight time hourly wage rate.
(vi) In the event that there are no Employees within the laid off Employee’s classification with lesser seniority who have scheduled hours equal to, or less than the Employee being laid off such Employee may bump a less senior Employee with greater regularly scheduled hours within 10% of the laid off Employee’s regularly scheduled bi-weekly hours within her classification.
(vii) The decision of the employee is laid to choose (i) or (ii) above shall be given in writing to the Executive Director within three (3) days following the notification of the lay-off, employees failing to do so will be deemed to have accepted the lay-off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee (a) In the event of lay-off, the Employer shall first lay-off Employees in the reverse order of their seniority within their classification, provided that there remain on the job Employees who have the skills to perform the work.
(b) An Employee who is subject to lay lay-off will be placed using shall have the following procedures in the order set out belowright to either:
a(i) An employee will first be offered any available permanent vacancy for which the employee has the required qualifications. The employee will have a maximum of five (5) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy lay-off or;
(ii) First bump an Employee with the less bargaining unit seniority and who has scheduled hours equal to or less than the Employer transfers Employee laid off and is in a lower or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law and can perform the employee duties of the lower or identical paying classification without training other than orientation.
(iii) Chain bumping will be allowed with the understanding that an Employee subject to layoff, who chooses to bump, must bump the Employee with the less seniority who has scheduled hours equal to or less than the Employee laid off. Consistent with the opportunity to chain bump, all Employees who are potentially impacted will be given notice of lay off at the outset of the process.
(iv) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off Employee is within one percent (1%) of the laid off Employee’s straight time hourly wage rate.
(v) In the event that there are no Employees within the laid off Employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the Employee being laid off, such Employee may bump a less senior Employee with greater regularly scheduled hours within 10% of the laid off Employee’s regularly scheduled bi-weekly hours within her classification.
(vi) When an Employee subject to layoff chooses to bump and there are no Employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off Employee may bump into the other bargaining unit.
(vii) In the event that there are no Employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off Employee will have the right to displace an Employee with less seniority, who has scheduled hours equal to or less than the Employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off Employee is within five percent (5%) of the laid off Employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.
(viii) The decision of the Employee is subject to choose (i) or (ii) above and shall be laid given in writing to the General Manager within three (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.
e) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee subject to lay off will be placed using the following procedures in the order set out below:
a) An employee will first be offered any available permanent vacancy for which In the employee has event of a proposed lay-off, the required qualificationsEmployer shall provide affected employees and the Union with no less than thirty (30) days written notice of the proposed lay-off. The Employer may also choose to provide an employee will have a maximum with 30 days’ pay and benefits in lieu of five (5) working days to accept notice or reject such vacancy. If the employee accepts the vacancy some combination of notice and the hourly rate is lower pay and benefits in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period lieu of one (1) calendar yearnotice.
b) If there are no vacancies available for which In the employee has the required qualifications, or if availableevent of a proposed lay-off, the employee does not accept Employer shall meet with the vacancy and Union as soon as possible to review the following:
i) The reasons causing the proposed lay-off;
ii) Alternatives or solutions to the lay-off decision;
iii) The services, if any, the Employer transfers or demotes will provide to its residents after the employee pursuant to Clause 10.05proposed lay-off;
iv) The method of implementation of the lay-off including areas of funding cutbacks, the employee's hourly rate of pay will Employees to be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous positionlaid off, and lay-off procedures.
c) If there are no vacancies for which the employee has the required qualificationsUpon lay-off, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee an Employee will be placed on the seniority recall list if they have the required qualificationsfor a period not exceeding twenty-four (24) calendar months.
d) This process An Employee who is laid off will continue be offered work in order of seniority until each seniority, where available, in a temporary or casual relief position, without losing her right to recall to a permanent position, provided that she has the required qualifications to do the work available. Employees on the recall list have all rights as an employee subject under this Collective Agreement, including the right to lay off obtains a position apply for which they are qualified or it is determined there are no positions available for which posted jobs within the employee is qualified. If the employee does not select a position for which they are qualified, the employee shall be laid offbargaining unit as an internal candidate.
e) If the A laid off employee who is not placed through recalled and whose employment is terminated shall have an entitlement to one week of termination pay and benefits per year of service, up to a maximum of eight, consistent with the above procedures, entitlements set out in the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees Employment Standards Act. Employees with less than one year of service will be restricted to positions under a)provided at least one week of pay and benefits. Aside from outstanding wages and vacation, b), c), and d) on their respective seniority liststhis shall constitute the employee’s full entitlement in connection with the termination of her employment.
g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent employee (a) In the event of lay-off, the Employer shall first lay-off Employees in the reverse order of their seniority within their classification, provided that there remain on the job Employees who have the skills to perform the work.
(b) An Employee who is subject to lay lay-off will be placed using shall have the following procedures in the order set out belowright to either:
a(i) An employee will first be offered any available permanent vacancy for which Accept the employee has the required qualifications. The employee will have lay-off; or
(ii) First bump an Employee with less unit seniority within his or her Home in a maximum of five (5) working days to accept lower or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year.
b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position identical paying classification for which they are qualified, as required by law, and can perform the employee shall duties of the lower or identical paying classification without training other than orientation.
(iii) Chain bumping within the Home will be allowed with the understanding that an Employee subject to layoff who chooses to bump, must bump an Employee with less seniority who has scheduled hours equal to or less than the Employee laid off, subject to paragraph (vi) below.
e(iv) If Consistent with the employee opportunity to chain bump, all Employees who are potentially impacted will be given notice of lay off at the outset of the process.
(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid-off Employee is not placed through within one percent (1%) of the above procedureslaid-off Employee’s straight time hourly wage rate.
(vi) In the event that there are no Employees within the laid-off Employee’s classification with lesser seniority who have scheduled hours equal to, or less than the Employee being laid off, such Employee may bump a less senior Employee with greater regularly scheduled hours within 10% of the laid-off Employee’s regularly scheduled bi-weekly hours within her classification.
(vii) It is understood and agreed that if a part-time Employee bumps a full- time Employee as part of the above-noted procedure, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent part-time Employee is accepting the full-time employees position only.
(viii) In the event that there are no Employees with lesser seniority in lower or identical paying classifications as defined in this Article, a laid-off Employee will have the right to displace an Employee with less seniority, who has scheduled hours equal to or less than the Employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid-off Employee is within five percent (5%) of the laid-off Employee’s straight time hourly rate provided he or she is qualified for and permanent partcan perform the duties without training other than orientation.
(ix) The decision of the Employee to choose (i) or (ii) above shall be given in writing to the General Manager within three (3) days following the notification of lay-time employees off. Employees failing to do so will be restricted deemed to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of have accepted the above procedures, the posting provisions under Clause 08.01 will not apply.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid lay-off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Agreement
Lay-off Procedure. A permanent If it is necessary to reduce the working force, employees with the least seniority be laid off first provided the remaining employees have the qualifications to perform the work required. In all cases, employees displacing employees must have the qualifications to do the job in question as they progress down the line of regression until they find a job that they can do. If a senior employee subject to lay off is being kept on, the redundant employee will be placed using allowed to bump the following procedures most junior employee who is on a job on which the redundant employee is trained, providing the employee being bumped is trained on a job currently held by the most junior employee in the order set out below:
a) An mill. All of these bumps must be completed without any training costs to the Company. If there is a question regarding the employee's training, the employee will first be offered any available permanent vacancy for which the employee given an opportunity to prove he has the required qualificationstraining to do the job in question. The employee Some reasonable familiarization will be afforded the employee. Once the above procedure has been completed any redundant employees who were unable to find a job by displacement shall, provided they have a maximum the training, be placed into one of five (5) working days to accept or reject such vacancythe open jobs. If the redundant employee accepts is still facing layoff then they can either take the vacancy layoff or in order to maintain employment will be trained thirty (30) days to fill one of the open jobs. It is understood that the redundant employee must sign the required forms for advanced operations and the hourly rate is lower in that vacant position, the employee's hourly rate redundant employee will be maintained while obligated to comply with the employee remains in that vacant position terms and conditions of the advanced operation sections of the contract for a period of one (1) calendar year.
b) If there are no vacancies available for which twelve months from the date the employee is placed on the open job has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay been trained for. Employees will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position.
c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
d) This process will continue recalled in order of seniority until each permanent employee provided the employees recalled can perform the work required subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If following: They have completed their probationary period at the employee does not select a position for which they are qualified, the employee shall be laid off.
e) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03.
f) Permanent full-time employees and permanent part-time employees will be restricted to positions under a), b), c), and d) on their respective seniority lists.
g) If an employee is placed through any of the above procedureslay-off. Employees with less than one year seniority will have recall rights equal to their seniority. Employees with one year or more of seniority will have recall rights of two years. They report for work within five days of having been notified by Registered mail, of recall; Saturdays, Sundays and the posting provisions under Clause 08.01 statutory holidays named in this Agreement excluded, unless extenuating circumstances can be proven by the employee. They notify the Company of change of address. Employees on lay-off will not applylose recall rights if they cannot physically perform the vacant job. However, persons on lay-off who can do the job in question and refuse, shall lose their recall rights.
h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off.
i) The procedures set out above in a) through h) shall be completed within twenty
Appears in 1 contract
Samples: Collective Bargaining Agreement
