Common use of Lay-Off Clause in Contracts

Lay-Off. 27.01 A lay-off of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positions. 27.02 If the Employer has determined that lay-off of one or more employees is required, the Employer shall report this decision in writing to the Institute as soon as possible in advance of the date on which the notification of lay-off is to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the lay-off. 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 6 contracts

Samples: Employment Agreement, Employment Agreement, Employment Agreement

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Lay-Off. 27.01 A lay-off of In this article “seniority” means an employee’s continuous employment in the bargaining unit. Seniority shall continue when an employee may result when financial, administrative or legislative circumstances necessitate leaves the bargaining unit for a redistribution position in the Department of resources or Education and returns to the elimination of one or more positionsbargaining unit. 27.02 If When the Employer has determined that lay-off seniority of one two or more employees is requiredequal under article 27.01, the Employer employee with the greatest aggregate length of employment with the employer shall report this decision in writing be deemed to have the greatest seniority. 27.03 Where the employer proposes to lay off an employee under the provisions of the Education Labour Relations Act, the employer will deliver to the Institute as soon as possible employee a written notice setting forth: a) the effective date of the layoff; b) a statement of the employee’s pre-layoff rights, recall rights and severance rights. 27.04 The layoff notice referred to in article 27.03 will be delivered at least 30 calendar days before the layoff is to take effect, and may be rescinded by the employer at any time up to 30 calendar days prior to the effective date. Where practicable, notice of intention to provide the layoff notice will be delivered 90 days in advance of the effective date on of layoff. 27.05 In determining which employees should be laid off from a school due to a reduction in positions, the employer shall take into account: a) skills and suitability to perform the duties of the remaining positions; b) qualifications; and c) seniority. 27.06 During the period after a layoff notice has been delivered, and before the effective date of the layoff, the employee shall be provided with the opportunity to apply for posted vacancies for which the notification employee possesses the required qualifications. 27.07 The expiry of a temporary appointment shall not be considered to be a layoff. 27.08 The acceptance of a position by an employee during the pre-layoff period nullifies the layoff notice. 27.09 When an employee on lay-off is to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the layre-off. 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list employed for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leavelimited duration of more than three (3) months, the leave will not notice of re-employment shall constitute notice of a new lay off to be interrupted and effective at the surplus period will start on the date the employee is medically declared able to return to workend of that period.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Lay-Off. 27.01 ‌ 26.01 A lay-off of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positions. 27.02 26.02 If the Employer has determined that lay-off of one or more employees is required, the Employer shall report this decision in writing to inform the Institute as soon as possible in advance of the date on which before the notification of lay-off is to be givengiven to affected employee(s). At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the lay-off. 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimized. 27.04 26.03 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she he is qualified or for which he/she he would be able to qualify with reasonable training at no cost to the employee. 27.05 26.04 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 26.05 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 26.06 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 26.07 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 5 contracts

Samples: Employment Agreement, Employment Agreement, Employment Agreement

Lay-Off. 27.01 A lay-A) In the event of a reduction in the work force, regular employees shall be laid off in reverse order of an employee may result when financialseniority, administrative or legislative circumstances necessitate a redistribution of resources or provided that there are available employees with greater seniority who are qualified and willing to do the elimination of one or more positions. 27.02 If the Employer has determined that lay-off of one or more employees is required, the Employer shall report this decision in writing to the Institute as soon as possible in advance work of the date on which the notification of lay-off is to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the lay-employees laid off. 27.03 B) The Employer shall begin discussions give regular employees the following written notice of layoff, with a copy to the Union, or normal pay in lieu of notice as follows: C) The equivalent of one (1) week for employees after 3 months of service; two (2) weeks for employees after 12 months of service; 3 weeks for employees after 3 years of service; plus one (1) additional week for each additional year of employment to a maximum of 8 weeks’ notice. D) The notice of layoff will identify the employee’s benefits under Articles 19.03 through 19.05 inclusive, and the options available to the employee, which may include: a) the right to bump a junior employee provided the employee is qualified to do the job of the junior employee, b) the opportunity to apply for a posted vacancy that exists at the time of layoff, c) the opportunity to accept casual work as it becomes available, d) full layoff with the Institute on the reasons behind the decision right to recall, or e) waiver of recall and will consider any proposal by which the lay-off(s) can be avoided or minimizedvoluntary termination with severance, if applicable. 27.04 An employee whose position E) When notice of displacement or layoff has been declared surplus to requirements shall be given six (6) months’ notice during which timeissued, the laid off employee will continue to receive his salary and benefits. During this period, representative of the Union and the Employer will make every effort meet to redeploy review the employee to a vacant position for which he/she is qualified or for which he/she would affected employee’s available options. The affected employee’s options must be able to qualify with reasonable training at no cost exercised within ten (10) working days of receipt of written notification of layoff by written notice to the General Manager or designate. F) In the event an employee is working under a medically-documented accommodation arrangement and is subject to displacement or bump arising from a workforce reduction, representatives of the Union and the Employer will meet to review the employee’s prevailing medical status and discuss possible work alternatives to maintain a reasonable level of accommodation for the affected employee, and/ or identify options for the senior affected employee. 27.05 The employee G) Employees on an approved leave of absence and who are served notice of a workforce reduction may request that the Employer accept his resignation before the end of his surplus period in order elect to receive a lump sum payment equivalent exercise their options while on leave or upon return to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off datework. If the employee has not resigned, his name elects to make their choice on return to work the choice will be added to a recall list for a period of one year, during which period he is not paidbased on the available positions and seniority lists current at that time. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An H) A laid off regular employee who accepts a vacancy elects to take casual work in a determinate position accordance with D) above, will retain be accorded first opportunity for casual work ahead of those employees on the right casual roster, up to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an the laid off regular employee’s position is declared surplus while on sick leavepre-layoff FTE status. Thereafter, the leave affected employee will not be interrupted and offered casual work in accordance with the surplus period will start on employee’s seniority placement in the date the employee is medically declared able to return to workoverall casual roster.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Lay-Off. 27.01 A 20.01 Provided that the employees affected are qualified to perform the job (as defined in Article 10.06) and, subject to the limitations set out hereafter, the last employee hired shall, in the case of a lay-off, be the first laid off of an and, the last employee may result when financiallaid off, administrative or legislative circumstances necessitate a redistribution of resources or shall be the elimination of one or more positionsfirst rehired. 27.02 If the Employer has determined that lay20.02 The Company will give to employees due to be laid-off of one or more employees is requiredas much notice as possible but, the Employer shall report this decision in writing any event, will notify such employee(s) at least twenty-four (24) hours prior to the Institute as soon as possible in advance of the date on which the notification day of lay-off is and, in the event the Company fails to be given. At the same timegive such notice, the Employer shall provide to employee(s) will receive four (4) hours pay at his/her regular rate for the Institute such information as is considered necessary to demonstrate the necessity for shift on which that employee would have worked had he/she not been laid off, and the lay-offoff will be effective forthwith. 27.03 The Employer 20.03 If an employee has been laid off and does not respond to the notice of recall sent to that employee by registered mail within three (3) days of receipt of such notice or fails to return to work within fourteen (14) days of receipt of such notice, that employee shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimizeddeemed to have terminated his/her employment voluntarily. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, 20.04 In the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end event of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice or termination of employment, final pay will be mailed on the next normal pay day except as otherwise provided by statute. 20.05 Laid off employees may elect to waive their right to recall as defined in Article 20.01, to occupational classifications other than the job classification occupied at least one month before the scheduled time of lay-off dateoff. If This waiver may be revoked by the employee has not resignedat any time. The Company, his name will be added to a recall list for a period upon receipt of one yearwritten revocation of the waiver, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain shall apply the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, full seniority rights at the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return next recall to work. 20.06 Employees on lay off will be recalled only if the work available is of more than two (2) days duration and, in that event, on the basis of seniority so long as they are qualified to perform the job (as defined in Article 10.06). If notice of recall has been given pursuant to Article 20, the Company may direct personnel on staff to perform that work in the interim at its discretion.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Lay-Off. 27.01 A 36.01 There shall be no lay-off of an any employee may result when financial, administrative or legislative circumstances necessitate a redistribution during the life of resources or the elimination of one or more positions. 27.02 If the Employer has determined that this Agreement except for lay-off resulting from lack of work or lack of funding. 36.02 In the event of lay-off, employees shall be laid off in reverse order of their seniority within the classification affected. Where the seniority of employees subject to lay-off is equal, lay-off will be according to qualifications. 36.03 Employees shall have bumping rights within the Bargaining Unit in accordance with their seniority subject to the laid off employee's ability and qualifications to perform the job he/she wants to bump into with the Employer. 36.04 The Employer shall give employees who are to be laid-off a minimum of four (4) weeks plus one additional week for each year of employment over two years, to a maximum of eight (8) weeks, notice in writing in advance of the effective date of lay- off, or more award pay in lieu of the notice. The Employer shall advise the Union in writing of all lay-off notices, or pay in lieu of notices, at the time of issuance or payment as the case may be. 36.05 Laid-off employees shall be recalled in the order of their seniority, where jobs become available, provided they have the skill, ability and required qualifications to perform such jobs. Where laid-off employees' seniority is requiredequal, recall will proceed according to qualifications. 36.06 The Employer shall give notice of recall personally or by registered mail. (a) Where notice of recall is given personally, the Employer shall report deliver in duplicate a letter stating that the employee is recalled. In this decision in writing instance, notice of recall is deemed to the Institute as soon as possible in advance be given when served. (b) Where notice of recall is given by registered mail, notice is deemed to be given three days from the date on which the notification of lay-off is to be given. At the same time, mailing. 36.07 The employee shall keep the Employer advised at all times of his/her current address. The employee shall provide return to work within fourteen (14) calendar days of receipt of notice of recall, unless, on reasonable grounds, he/she is unable to do so. 36.08 No new employees shall be hired until those laid off have been given the Institute such information as is considered necessary opportunity of recall. 36.09 With reference to demonstrate the necessity for the a re-hire of an employee after a lay-off. 27.03 The Employer shall begin discussions with , his/her employment in the Institute on position held by him/her at the reasons behind time he/she was laid off and his/her employment in the decision and will consider any proposal by which the lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or hired shall constitute continuous employment provided such re-hire is within a period of twelve (12) months. 36.10 Where an Employee ceases to be employed for reasons other than discharge with just cause and is re-employed within a period of twelve (12) months, those benefits which he/she would be able to qualify has earned as a result of his/her past service with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) monthsshall be reinstated. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Lay-Off. 27.01 A lay-off Where the Board has made a decision to reduce the complement of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positions. 27.02 If the Employer has determined that lay-off of one or more employees is requiredService, the Employer shall report this decision in writing to the Institute as soon as possible in advance of the date on which the notification following system of lay-off is and, if subsequently required, termination shall apply: 24.01 Constables shall be laid off based on seniority, those constables with the least seniority shall be the first to be givenlaid off. At Members shall receive at least sixty (60) calendar days' notice prior to the effective date of the lay-off or payment in lieu thereof except for probationary members who shall receive at least thirty (30) days' notice prior to the effective date. The Board agrees that there shall be no lay-offs in the ranks of Sergeant/Detective or Staff Sergeant/Detective Sergeant. Copies of all notices of lay-off and recall shall be provided by the Board to the Association at the same time, the Employer shall provide time as notices are provided to the Institute such information as is considered necessary to demonstrate the necessity for the affected member(s). 24.02 Officers will be recalled in reverse order of lay-off. 27.03 The Employer 24.03 No new officer shall begin discussions be hired while any officer with recall rights has not been provided with recall opportunity, except with the Institute consent of the Association. 24.04 a) A constable selected for recall shall be informed of such by written notice. This notice shall be considered received by the member when mailed Registered Mail, to the last known address of the member as shown on the reasons behind record of the decision and will consider any proposal by which Service. It shall be the responsibility of each member on lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus off to requirements shall be given six (6) months’ keep the Service advised of his/her current address. Within ten calendar days after a member receives notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which must advise the Service in writing that he/she would accepts such recall and will be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start commence employment on the date specified in the employee is medically declared able notice. Any and all re- employment/recall rights granted to a member shall terminate upon such member's failure to reply within ten (10) days of receipt of the notice or if the member does not agree to return to workduty within fourteen (14) days of receipt of the notice or within fourteen (14) days of the recall date specified on the notice whichever is later.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Lay-Off. 27.01 A 23:01 Where by reason of a shortage of work or funds, or the abolition of a position or material changes in duties or organization, the Employer determines that a lay-off of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positions. 27.02 If the Employer has determined that lay-off of one or more employees off(s) is requirednecessary, the Employer shall report this decision in writing to determine the Institute as soon as possible in advance of the date on which the notification of lay-off is to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the lay-off. 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by classification(s) from which the lay-off(s) can be avoided or minimizedare to take place. 27.04 An employee whose position has been declared surplus 23:02 The Employer shall determine employees concerned within each classification from which employees are to requirements shall be given six (6laid-off. 23:03 Where the lay-off(s) months’ notice during which time, the employee will continue to receive his salary and benefits. During this periodof employee(s) is necessary, the Employer shall provide the Union with written notice not less than forty (40) days prior to the date of lay-off(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected. 23:04 Employees selected for lay-off shall receive four (4) weeks notice or payment in lieu. No notice is required for term employees who are released at the end 23:05 In determining the order of lay-off of employees, seniority shall be the determining factor. This Article is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will make every effort be required to redeploy perform. Term employees with less than two (2) years of continuous service shall first be considered for lay-off. 23:06 An employee selected for lay-off may exercise an option to displace an employee with less seniority in the same, equivalent or lower classification, subject to the following: (a) A term employee laid off prior to a vacant position for which the expiry of his/her term may only displace another term employee with the same scheduled expiry date; (b) The employee exercising the displacement option must have the qualifications and ability to perform the work of the person he/she is qualified or for which he/she would seeking to displace. 23:07 An employee who is displaced pursuant to 23:06 shall be able given notice of lay- off and may, in turn exercise an employee displacement option as set out in 23:06. The process will continue in this manner until there are no displacement opportunities. 23:08 An employee who is entitled to qualify displace another employee in accordance with reasonable training at no cost the provisions of this Article may have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the necessary qualifications and ability to enable the employee to displace another employee. 27.05 23:09 For the purposes of this Article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude and competence. “Ability” refers to mental, and physical capability. The employee may request that Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid-off, shall determine qualifications, and the Employer accept his resignation before ability of employees to perform the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for duties which the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name remaining employees will be added required to a recall list for a period of one yearperform, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancyfair, which may arisereasonable, and non-discriminatory manner. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Lay-Off. 27.01 A 29.01 There shall be no lay-off of an any employee may result when financial, administrative or legislative circumstances necessitate a redistribution during the life of resources or the elimination this Agreement except for lay- off resulting from lack of one or more positionswork. 27.02 If 29.02 In the Employer has determined that event of a lay-off, employees will be laid off in reverse order of their seniority within the affected classification. Where the seniority of employees subject to lay-off is equal, lay off will be according to qualifications. Employees may be given the option to transfer into another classification for which the employee is qualified, if a vacancy exists in that classification, instead of being laid off. Where an employee elects to transfer into a vacant position in classification for which the employee is qualified, the employee will be paid the pay rate for the new classification. This transfer shall occur notwithstanding the provisions of Article 25. 29.03 The Employer shall give employees who are to be laid-off a minimum of two weeks plus one additional week for each year of employment over two years, to a maximum of eight weeks, notice in writing in advance of the effective date of lay-off, or more award pay in lieu of the notice. 29.04 Laid-off employees shall be recalled to their classification, or to any other classification where they have, in determination of the Employer, the skill and ability to perform the work in the classification, in order of their seniority. 29.05 The Employer shall give notice of recall personally or by registered mail. (a) Where notice of recall is requiredgiven personally, the Employer shall report deliver in duplicate a letter stating that the employee is recalled. In this decision in writing instance, notice of recall is deemed to the Institute as soon as possible in advance be given when served. (b) Where notice of recall is given by registered mail, notice is deemed to be given three days from the date on which the notification of lay-off is to be given. At the same time, mailing. 29.06 The employee shall keep the Employer advised at all times of their current address. The employee shall provide return to work within ten (10) working days of receipt of notice of recall, unless, on reasonable grounds, they unable to do so. 29.07 No new employees shall be hired until those laid off have been given the Institute such information as is considered necessary opportunity of recall. 29.08 With reference to demonstrate the necessity for the a re-hire of an employee after a lay-off. 27.03 The Employer , their employment in the position that they held at the time they were laid off and their employment in the position to which they are hired shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by which the layconstitute continuous employment provided such re-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to hire is within a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position 29.09 Where an Employee ceases to be employed for reasons other than discharge and is re- employed within a period of six (6) months, those benefits which the employee has been found before earned as a result of their past service with the expiry of the surplus noticeEmployer shall be reinstated. However, the employee will receive a layshall not accumulate such benefits during the period they were laid-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paidoff. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Lay-Off. 27.01 A. A lay-off reduction in force or a layoff, as used herein, shall mean any suspension from employment arising out of a reduction in the work force (other than normal breaks in the school calendar such as summer and holidays). B. Seniority shall be defined as the total length of continuous service. After the successful completion of probation, seniority shall accrue from the last date of hire. C. Seniority will not be broken by approved leaves of absence, accident, illness or layoff of less than twelve (12) months. D. An employee shall lose his/her seniority for any of the following reasons: Termination for just cause, retirement, resignation, layoff in excess of twelve (12) months, failure to report for work after notice of recall or failure to report for work at the completion of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution approved leave of resources or the elimination of one or more positionsabsence. 27.02 If E. In the Employer has determined that lay-off of one or more employees is requiredevent a reduction in force takes place, the Employer shall report this decision in writing to District will identify the Institute as soon as possible in advance of the date on which the notification of lay-off is positions to be givendiscontinued. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the lay-off. 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall been/will be given six discontinued, within five (65) months’ days of notice during which timeof discontinuance, and after establishing his/her qualifications and capabilities, may displace the least senior employee will continue to receive his salary and benefits. During this period, on the Employer will make every effort to redeploy the employee to a vacant position for which seniority list if he/she is qualified or for which and capable to perform in that position. When recalling employees from layoff (other than normal breaks in the school calendar), the most senior employee on layoff shall be first recalled if he/she would is qualified and capable to perform in the available position. F. Grievance rights for violation of recall shall exist for up to twenty-one (21) months from the last day of actual work, but in no event shall a grievance be able to qualify filed beyond the time limits described for the first level of the grievance procedure if the aggrieved party becomes aware of the occurrence of the grievance or, with reasonable training at no cost diligence, should have become aware of the occurrence of the grievance. G. The District shall give written notice of recall by certified letter, return receipt requested, to said employee's last known address. The address as it appears on the District's records shall be conclusive when used in connection with recalls or other notices to the employee. 27.05 The employee may request that . It is the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry sole responsibility of the surplus notice, employee to notify the employee will receive a lay-off notice at least one month before the scheduled lay-off dateDistrict of any change of address. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he District is not paid. 27.07 An employee may decline able to accept a vacancy cause delivery of the notice of recall within fifteen (15) days of the date that such notice was sent, it shall result in a determinate position without losing forfeiture of the employee's rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may ariserecall. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

Lay-Off. 27.01 A The Employer agrees that there shall be no lay-off of an any employee may result when financialduring the life of this Agreement, administrative except for lay-off resulting from lack of work or legislative circumstances necessitate lack of funding, or discontinuance of a redistribution of resources or the elimination of one or more positionsfunction. 27.02 If Lay-offs will be made when necessary on the basis of reverse order of seniority of the affected employees in the classification of work so to be reduced. 27.03 An employee who is continuously laid off for a period of twelve (12) consecutive months shall be considered terminated from their employment with the Employer. 27.04 The last employee laid off shall be the first recalled provided the employee is qualified to do the work and has not lost their seniority. 27.05 The Employer has determined that shall notify the Union and all permanent employees who are to be laid off three (3) months prior to the effective date of lay-off, or award pay in lieu thereof, unless a greater period of notice is required by legislation, in which case such greater period of notice, or pay in lieu thereof, shall be given. 27.06 A new employee will not be hired to fill the job of a laid-off employee unless the laid off employee has been considered terminated under Article 27.03. 27.07 The Employer shall give notice of one recall personally or more employees by registered mail. Where notice of recall is requiredgiven personally, the Employer shall report deliver in duplicate a letter stating that the employee is recalled. In this decision in writing instance, notice of recall is deemed to the Institute as soon as possible in advance be given when served. Where notice of recall is given by registered mail, notice is deemed to be given three (3) days from the date on which the notification of lay-off is mailing. 27.08 The employee shall return to be given. At the same time, the work within ten (10) working days of receipt of notice of recall. 27.09 The Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the not dismiss, suspend, lay-off. 27.03 The Employer shall begin discussions with the Institute , demote or otherwise discipline an employee on the reasons behind the decision and will consider any proposal by which the lay-off(s) can grounds that garnishment proceedings may be avoided or minimized. 27.04 An employee whose position has have been declared surplus taken with respect to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the an employee. 27.05 The 27.10 No new employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and hired to fill the surplus period will start on job of a laid-off employee unless the date the laid-off employee is medically declared able to return to workhas been considered terminated under Article 27.03.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Lay-Off. 27.01 A 33.01 When the Employer is contemplating a reduction in the workforce of five (5) or more employees, it shall inform the Union at least three (3) months before any layoff notices are issued. 33.02 Within thirty (30) days of such notice, the Employer and the Union shall meet to consult meaningfully on alternatives to workforce reduction in order to preserve public services and minimize adverse effects on employees. Lay Off Process 33.03 Before an employee is terminated by the Employer and the employee ceases to be an employee, the following provisions shall apply: (a) Where the duties of a position held by an employee are no longer required to be performed, the Employer may lay-off of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positions. 27.02 If employee. The Employer and the Employer has determined that lay-off of one or more employees is required, Union recognize the Employer shall report this decision in writing to necessity and the Institute as soon as possible in advance justice of the date on application of the merit principle, which the notification of lay-off is to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the lay-off.means qualifications and 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s(b) can be avoided or minimized. 27.04 An Each employee whose position has been declared surplus to requirements shall be given six eight (6) months’ 8) weeks affected notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which in writing that he/she is qualified or for which he/she would be able subject to qualify with reasonable training at no cost to the employeelayoff. 27.05 The (c) each such employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six shall be given three (63) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a months lay-off notice at least one month before in writing of the scheduled effective date of his/her lay-off; (d) every employee shall be entitled to options in accordance with the provisions in Article 32; (e) every employee subject to being laid-off date. If shall, during the eight (8) week affected period and three (3) months notice period, be granted reasonable leave with pay for the purpose of being interviewed and examined by a prospective employer and to such additional leave with pay as the Employer considers reasonable for the employee has not resigned, his name to travel to and from the place where his/her presence is so required; (f) the Employer shall make every attempt to provide a reasonable job offer within the employee's headquarters; including the consideration of appointment to positions occupied by employees who have applied for Voluntary Separation. (g) employees who refuse a reasonable job offer by the Employer are no longer considered laid-off as per Article 2.01(t) and will be added receive severance in accordance to either Article 32.05 or 32.06; (h) employees who accept a recall list lower level position shall continue for a period of one year, during which period to receive the salary and negotiated pay increases she/he is was receiving or would receive had she/he not paidbeen served with lay-off notice or laid off. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. 33.04 An employee who accepts receives a vacancy in a determinate position notice under Articles 33.03 (b) and 33.03 (c) shall be given 24 hours advance notice of the meeting at which lay-off notices to be given. The employee will retain be advised that he/she is entitled to have Union representation at the right to receive recall notice to any indeterminate vacancy, which may arisemeeting. 27.08 If an employee’s position is declared surplus while on sick leave33.05 Prior to initiating a competition for any vacant position, the leave will not be interrupted and the surplus period will start Department of Finance must identify individuals on the date staffing priority list who have the employee is medically declared able necessary qualifications for the position, or for employees subject to return lay-off who could have the necessary qualifications with one year’s training or less. 33.06 The Employer shall provide the Union, on a semi-annual basis, with the names of those employees on the staffing priority list occupying positions whose incumbents are members of the Union. 33.07 In order to workminimize the adverse effects of lay off, the Employer will provide retraining where practical. 33.08 Disputes arising from the application of reasonable job offers and priority status to lay-offs in the hiring process shall be determined by appeal to the Lay-off Dispute Officer. 33.09 The following timelines will apply to this appeal process: (a) An appeal must be received by the Deputy Minister responsible for the Public Service Act within four days after the Employee receives notice of a reasonable job offer or notice of lay-off in the manner set out in Section 3 of the Staffing Appeals Regulations.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Lay-Off. 27.01 A lay-off Where the Board has made a decision to reduce the complement of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positions. 27.02 If the Employer has determined that lay-off of one or more employees is requiredService, the Employer shall report this decision in writing to the Institute as soon as possible in advance of the date on which the notification following system of lay-off is and, if subsequently required, termination shall apply: 24.01 Constables shall be laid off based on seniority, those constables with the least seniority shall be the first to be givenlaid off. At Members shall receive at least 60 calendar days' notice prior to the effective date of the lay-off or payment in lieu thereof except for probationary members who shall receive at least 30 days' notice prior to the effective date. The Board agrees that there shall be no lay-offs in the ranks of Sergeant/Detective or Staff Sergeant/Detective Sergeant. Copies of all notices of lay-off and recall shall be provided by the Board to the Association at the same time, the Employer shall provide time as notices are provided to the Institute such information as is considered necessary to demonstrate the necessity for the affected member(s). 24.02 Officers will be recalled in reverse order of lay-off. 27.03 The Employer 24.03 No new officer shall begin discussions be hired while any officer with recall rights has not been provided with recall opportunity, except with the Institute consent of the Association. (a) A constable selected for recall shall be informed of such by written notice. This notice shall be considered received by the member when mailed Registered Mail, to the last known address of the member as shown on the reasons behind record of the decision and will consider any proposal by which Force. It shall be the responsibility of each member on lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus off to requirements shall be given six (6) months’ keep the Force advised of his/her current address. Within ten calendar days after a member receives notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which must advise the Force in writing that he/she would accepts such recall and will be able to qualify with reasonable training at no cost commence employment on the date specified in the notice. Any and all re- employment/recall rights granted to a member shall terminate upon such member's failure to reply within 10 days of receipt of the employeenotice or if the member does not agree to return to duty within 14 days of receipt of the notice or within 14 days of the recall date specified on the notice whichever is later. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning (b) A member on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive shall retain his/her right to recall after a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one yeartwo years commencing with the effective date of the lay-off, during which period he is provided the member has not paidbeen found guilty of an act of misconduct resulting in the member's dismissal from the Force. A member on lay-off remains subject to discipline under the Police Services Act. 27.07 An employee may decline (c) During the period of lay-off a member on lay-off shall not be entitled to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain any of the provisions of the Agreement except the right to receive recall notice to any indeterminate vacancy, which may ariseas provided in this article. 27.08 If an employee’s position is declared surplus while on sick leave, 24.05 For the leave will not be interrupted purposes of the above lay-off and the surplus period will start on the date the employee is medically declared able to return to work.recall provision,

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Lay-Off. 27.01 A lay-off Where the Board has made a decision to reduce the complement of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positions. 27.02 If the Employer has determined that lay-off of one or more employees is requiredService, the Employer shall report this decision in writing to the Institute as soon as possible in advance of the date on which the notification following system of lay-off is and, if subsequently required, termination shall apply: 24.01 Constables shall be laid off based on seniority, those constables with the least seniority shall be the first to be givenlaid off. At Members shall receive at least sixty (60) calendar days' notice prior to the effective date of the lay-off or payment in lieu thereof except for probationary members who shall receive at least thirty (30) days' notice prior to the effective date. The Board agrees that there shall be no lay-offs in the ranks of Sergeant/Detective or Staff Sergeant/Detective Sergeant. Copies of all notices of lay-off and recall shall be provided by the Board to the Association at the same time, the Employer shall provide time as notices are provided to the Institute such information as is considered necessary to demonstrate the necessity for the affected member(s). 24.02 Officers will be recalled in reverse order of lay-off. 27.03 The Employer 24.03 No new officer shall begin discussions be hired while any officer with recall rights has not been provided with recall opportunity, except with the Institute consent of the Association. (a) A constable selected for recall shall be informed of such by written notice. This notice shall be considered received by the member when mailed Registered Mail, to the last known address of the member as shown on the reasons behind record of the decision and will consider any proposal by which Service. It shall be the responsibility of each member on lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus off to requirements shall be given six (6) months’ keep the Service advised of his/her current address. Within ten calendar days after a member receives notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which must advise the Service in writing that he/she would accepts such recall and will be able to qualify with reasonable training at no cost commence employment on the date specified in the notice. Any and all re-employment/recall rights granted to a member shall terminate upon such member's failure to reply within ten (10) days of receipt of the employeenotice or if the member does not agree to return to duty within fourteen (14) days of receipt of the notice or within fourteen (14) days of the recall date specified on the notice whichever is later. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning (b) A member on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive shall retain his/her right to recall after a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one yeartwo years commencing with the effective date of the lay-off, during which period he is provided the member has not paidbeen found guilty of an act of misconduct resulting in the member's dismissal from the Service. A member on lay-off remains subject to discipline under the Police Services Act. 27.07 An employee may decline (c) During the period of lay-off a member on lay-off shall not be entitled to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain any of the provisions of the Agreement except the right to receive recall notice to any indeterminate vacancy, which may ariseas provided in this Article. 27.08 If an employee’s position is declared surplus while on sick leave, 24.05 For the leave will not be interrupted purposes of the above lay-off and the surplus period will start on the date the employee is medically declared able to return to work.recall provision,

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 For the prevention of grievances arising over planned production lay- offs where seniority is concerned, the Xxxxxxx or Superintendent shall notify the Shop Xxxxxxx prior to the lay-off, the names of those to be laid off. Employees shall be laid off in reverse order to the order their names appear on the seniority list, if they possess the necessary skills and qualifications to do the available work. A Xxxxxxx or Union official may submit a bid or bump on a position for an ab- sent employee. If an employee has the necessary seniority and qualifications to fill another position, and is laid off from the employee’s own position the employee shall be able to bump into the other position wherein the employee’s seniority and qualifications entitlement would allow. The Company will post a list of the positions and the names of the employees required to fill them, following a lay-off notice. Employees will have two (2) working days from the date of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of posting to bump into one or more positions. 27.02 of the posi- tions on the list. The Company will then post an amended list of positions and employees. Any employee displaced by bumping may, within two (2) working days of the post- ing, be eligible to bump into the amended list providing the employee’s senior- ity and qualifications would allow entitlement to the job. If the Employer has determined that Company issues lay-off notices, then rescinds within a week of one or more employees is required, issue and within seven (7) days of rescinding – reissue the Employer same lay-off notice – the company can rely on the initial bump procedure. An employee who has successfully bumped into another position shall report this decision return in writing order of seniority to the Institute as soon as possible employee’s previously held position, if a vacancy should occur within twenty-four (24) months of when such bump took place. If no vacancy occurs within the above twenty-four (24) month period, this em- ployee can only return through the posting procedure. The required written notice or compensation for lay-off Year of employment in advance which employee is terminated. Year 1 (0-3 months less a day 0 week Year 1 (3-12 months less a day) 1 week Year 2 (12-24 months less a day) 2 weeks Year 3 (24-36 months less a day) 2 weeks Year 4 (36-48 months less a day) 3 weeks Year 5 (48-60 months less a day) 4 weeks Year 6 (60-72 months less a day) 5 weeks Year 7 (72-84 months less a day) 6 weeks Year 8 (84-96 months less a day) 7 weeks Year 9 to termination (96 months or more) 8 weeks Vacation time or medical leave will not be included for the calculation of the date on which above required notice for lay-off. If a laid off employee does not receive the notification required written notice of lay-off is then an employee can request: (1) to be given. At remain on the same timerecall list for up to one (1) year, the Employer shall provide or (2) receive pay in lieu of notice pursuant to the Institute such information as is considered necessary to demonstrate above chart. An employee on recall may accept pay in lieu of notice anytime within one (1) year of the necessity for the date of lay-off. 27.03 The Employer shall begin discussions with the Institute . If an employee on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date opts for a maximum payment pay in lieu of six no- xxxx then the employee is deemed to have abandoned any recall or seniority rights. If an employee on lay-off for one (61) months. 27.06 If no position year has not been found before recalled to em- ployment by the expiry of the surplus noticeEmployer, the employee will receive a lay-off pay in lieu of notice at least one month before the scheduled lay-off dateand will lose all seniority and recall rights. If the an employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights accepts employment under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive of recall then the right of pay in lieu of notice to any indeterminate vacancy, which may ariseis deemed abandoned. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 A The Employer agrees that there shall be no lay-off of an any employee may result when financial, administrative or legislative circumstances necessitate a redistribution during the life of resources or the elimination of one or more positions. 27.02 If the Employer has determined that this except for lay-off resulting from lack of one work or more lack of or discontinuance of a function. Lay-offs be made when necessary on the basis of reverse order of seniority of the affected employees in the classification of work so to be reduced. An employee who is requiredcontinuously laid off for a period of twelve (12) consecutive months shall be considered terminated from him employment with the Employer. The last employee laid off shall be the first recalled provided he is qualified to do the work and has not lost his seniority. The Employer shall notify all permanent employees who are to be laid off three (3) months prior to the effective date of lay-off, or award pay in lieu thereof, unless a greater period of notice is required by legislation, in which case such greater period of notice, or pay in lieu thereof, shall be given. A new employee will not be hired to the job of a laid-off employee provided the laid-off employee has not forfeited his seniority. The Employer shall give notice of recall personally or by registered mail. Where notice of recall is given personally, the Employer shall report deliver in duplicate a letter stating that the employee is recalled. In this decision in writing instance, notice of recall is deemed to the Institute as soon as possible in advance be given when served. Where notice of recall is given by registered mail, notice is deemed to be given three (3) days from the date on which the notification of lay-off is mailing. The employee shall to be givenwork within ten (10) days of receipt of notice of recall. At the same time, the The Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the not dismiss, suspend, lay-off. 27.03 The Employer shall begin discussions with the Institute , demote or discipline an employee on the reasons behind the decision and will consider any proposal by which the lay-off(s) can grounds that garnishment proceedings may be avoided or minimized. 27.04 An employee whose position has have been declared surplus taken with respect to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the an employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 A 36.01 There shall be no lay-off of an any employee may result when financial, administrative or legislative circumstances necessitate a redistribution during the life of resources or the elimination of one or more positions. 27.02 If the Employer has determined that this Agreement except for lay-off resulting from lack of work or lack of funding. 36.02 In the event of lay-off, employees shall be laid off in reverse order of their seniority. Where the seniority of employees subject to lay-off is equal, lay-off will be according to qualifications. 36.03 The Employer shall give employees who are to be laid-off a minimum of two (2) weeks plus one additional week for each year of employment over two years, to a maximum of eight (8) weeks, notice in writing in advance of the effective date of lay- off, or more award pay in lieu of the notice. 36.04 Laid-off employees shall be recalled in the order of their seniority, where jobs become available, provided they have the skill, ability and required qualifications to perform such jobs. Where laid-off employees' seniority is requiredequal, recall will proceed according to qualifications. 36.05 The Employer shall give notice of recall personally or by registered mail. (a) Where notice of recall is given personally, the Employer shall report deliver in duplicate a letter stating that the employee is recalled. In this decision in writing instance, notice of recall is deemed to the Institute as soon as possible in advance be given when served. (b) Where notice of recall is given by registered mail, notice is deemed to be given three days from the date on which the notification of lay-off is to be given. At the same time, mailing. 36.06 The employee shall keep the Employer advised at all times of his/her current address. 36.07 No new employees shall provide be hired until those laid off have been given the opportunity of recall. 36.08 With reference to the Institute such information as is considered necessary to demonstrate the necessity for the a re-hire of an employee after a lay-off. 27.03 The Employer shall begin discussions with , his/her employment in the Institute on position held by him/her at the reasons behind time he/she was laid off and his/her employment in the decision and will consider any proposal by which the lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified hired shall constitute continuous employment provided such re-hire is within a period of nine (9) months. 36.09 Where an Employee ceases to be employed for reasons other than discharge with just cause, abandonment of position or for rejection on probation and is re-employed within a period of one (1) month, those benefits which he/she would be able to qualify has earned as a result of his/her past service with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) monthsshall be reinstated. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 14.01 A layoff for full-time employees shall be defined as the elimination of a staffed position, or a reduction in the workforce, or a reduction in the regular hours of work as defined in the agreement. A layoff for part- time employees shall be defined as the elimination of a staffed position, or a reduction in the workforce. 14.02 The parties recognize the need for an orderly displacement procedure to minimize disruptions to the Employer's operations and the displacement of junior employees and the right of an employee who is subject to a lay-off having protection against reductions in pay or hours. Accordingly, an employee to be laid off and having sufficient seniority to displace another, shall displace the most junior employee in the classification to which he/she is moving, whose rate of pay and hours of work most closely correspond to his or her own with the intent that there be no reduction in pay. 14.03 No employee shall be allowed to displace another unless he/she has the necessary skill, ability and qualifications to perform the available work. 14.04 Employees shall be recalled in the order of their seniority provided they have the necessary skill, ability and qualifications to perform the available work. 14.05 Any displacement shall be effected as soon as reasonably practical and any employee being displaced cannot grieve any lack of notice. In the event of any dispute about a displacement, the Employer will meet with a member of the Union Committee as soon as practical in an attempt to resolve the dispute. 14.06 New employees will not be hired until those laid-off have been recalled, subject to 14.04. 14.07 Department Co-ordinators shall not be displaced by other employees, seniority notwithstanding, except by another Co-ordinator. Program Leaders shall not be displaced by other employees, seniority notwithstanding, except by another Program Leader or a Department Co-ordinator. 14.08 Layoff and recall of part-time employees shall otherwise be in accordance with the above procedures. (a) The Employer recognizes the importance of providing as much notice of impending lay-offs as possible, therefore, the Employer will inform the Union of any funding changes that could result in the lay-off of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positions. 27.02 employees as soon as reasonably known. If the Employer has determined that lay-off of one or more employees is requiredcontract with the Funder permits, the Employer shall report this decision will provide effected employees with no less than thirty (30) calendar days notice of an intended lay-off. Otherwise, except in writing to circumstances beyond the Institute as soon as possible in advance control of the date on which the notification Employer, employees will be provided with at least (5) days notice of lay-off is to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the a lay-off. 27.03 The Employer shall begin discussions with (b) Employees who are laid off for one shift or less will be paid for those hours not worked, regardless of the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimizedcircumstances. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, 14.10 In the employee will continue to receive his salary and benefits. During this periodevent of the termination of employment as defined in The Employment Standards Act, the Employer will make every effort to redeploy comply with the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost notice provisions set out therein. 14.11 Subject to the employeeforegoing full time employees may also displace part-time employees, but part time employees may only displace other part time employees. 27.05 The employee may request that 14.12 There shall be no displacement of other employees if the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date is for a maximum payment of six two (62) monthsconsecutive shifts or less. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 A lay-off of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or 12.1 The EMPLOYER shall be the elimination of one or more positions. 27.02 If the Employer has determined that lay-off of one or more employees is required, the Employer shall report this decision sole authority in writing to the Institute as soon as possible in advance of the date on determining which the notification of lay-off is job classification(s) and department(s) are to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the affected by a lay-off. Employees shall be laid-off on the basis of job classification seniority only when the job-relevant qualification factors between employees are equal provided all Temporary or seasonal employees within that job classification are laid off first. In case job classification seniority between two employees is equal, EMPLOYER seniority shall prevail. 27.03 The Employer 12.2 Employees laid-offby the EMPLOYER shall begin discussions with retain recall rights for a period oftwelve (12) months from the Institute on date oflay-off. Ifan opening occurs in the reasons behind the decision and will consider any proposal by job classification from which the layemployee was laid-off(soff within the twelve (12) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which timemonth recall period, the employee will continue be recalled to receive his salary and benefits. During this period, fill that position provided that at the Employer will make every effort to redeploy time ofrecall the employee to a vacant position for which he/she is qualified or for which he/she would meets the qualifications and other conditions of employment as determined by the EMPLOYER. It shall be able to qualify with reasonable training at no cost to the employee. 27.05 's responsibility to keep the EMPLOYER informed of the employee's current address. The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning EMPLOYER shall notify employees on his resignation date until his scheduled lay-off date to return to work by certified mail. The employee must return to work within two (2) weeks ofreceipt of this notification to be eligible for a maximum payment of six re-employment. Ifthe EMPLOYER does not receive confirmation ofreceipt ofthis notice within thirty (630) monthscalendar days ofsending it by certified mail, the EMPLOYER may fill the vacant position to which the employee was recalled and the employee loses recall rights to that position. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will 12.3 No new or temporary employees shall be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy hired in a determinate position without losing rights under this article. An employee who accepts a vacancy respective classification until all employees on layoff in a determinate position will retain the right to receive recall notice to any indeterminate vacancythat classification, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able desiring to return to work, has been recalled. Employees shall be recalled based on the EMPLOYER'S need. 12.4 An employee laid off in one job classification shall have the right to replace an employee in a job classification of equal or less pay within the bargaining unit in accordance with Section 11.5 provided that: a) The employee meets the qualifications and other conditions ofemployment of the job classification as determined by the EMPLOYER; b) The employee's job performance is satisfactory as determined by the EMPLOYER; c) The employee has job-relevant qualifications which are equal to those of the employee who would be replaced as determined by the EMPLOYER; and d) The employee has greater EMPLOYER seniority than that of the employee who would be replaced.

Appears in 1 contract

Samples: Labor Agreement

Lay-Off. 27.01 A 19.1 An employee who is to be laid-off shall receive notice of such lay-off from the Executive Director no later than thirty (30) days before the effective date of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution lay- off. The Union shall receive copies of resources or the elimination of one or more positions. 27.02 If the Employer has determined that all written lay-off notices and a list of one or more impacted employees is requiredaccording to job classification and seniority. The Employer and the Union agree to discuss the bargaining unit impact and the possibility of mutually agreeable alternatives to lay-off. Such discussions shall not prohibit the Employer from implementing lay-offs. 19.2 Lay-offs shall be in reverse order of seniority within a classification. An employee shall not accrue seniority until the employee completes the probationary period at which time seniority shall be retroactive to date of hire. Temporary employees shall not accrue seniority until such time as they become regular employees. 19.3 An employee who possesses required specialized skills not possessed by other employees in the classification(s) undergoing lay-offs may be excluded from the lay-off list by seniority. 19.4 In the event lay-offs are necessary, the Employer shall report this decision in writing agrees to provide the Institute as soon as possible in advance of the date on which the notification of lay-affected employees with job search and preparation assistance, including approving time off is to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the purpose of attending job interviews. This outplacement assistance shall be in effect for thirty (30) days following notice of such lay-off. 27.03 19.5 Laid-off employees shall receive health and dental insurance coverage at their current level for themselves and their dependents for one month past the effective month of lay-off. 19.6 The Employer names of laid-off employees shall begin discussions with the Institute be placed on a recall list. An employee’s name may remain on the reasons behind recall list for up to eighteen months from the decision and will consider any proposal by which date the employee’s name was placed on the list. Employees shall be recalled in inverse order of lay-off(s) can off. No new employee shall be avoided or minimizedhired until all qualified laid-off employees have been recalled. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning 19.7 Disciplined employees on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one yearshall, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancyif recalled, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to workthe same status held prior to lay-off.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Lay-Off. 27.01 For the prevention of grievances arising over planned production lay-offs where seniority is concerned, the Manager shall notify the Shop Xxxxxxx prior to the lay-off, the names of those to be laid off. Employees shall be laid off in reverse order to the order their names appear on the sen- iority list, they will be deemed to possess the necessary skills and qualifications to do the available work. A Xxxxxxx or Union official may submit a bid or bump on a position for an absent em- ployee. If an employee has been laid off out of seniority the employee shall be able to bump into another position wherein the employee’s seniority entitlement would allow. If the Company issues lay-off notices, then rescinds within a week of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution issue and within seven (7) days of resources or rescinding – reissue the elimination of one or more positions. 27.02 If the Employer has determined that same lay-off notice – the company can rely on the initial bump procedure. The required written notice or compensation for lay-off Year of one employment in which employee is terminated. Year 1 (0-3 months less a day 0 week Year 1 (3-12 months less a day) 1 week Year 2 (12-24 months less a day) 2 weeks Year 3 (24-36 months less a day) 2 weeks Year 4 (36-48 months less a day) 3 weeks Year 5 (48-60 months less a day) 4 weeks Year 6 (60-72 months less a day) 5 weeks Year 7 (72-84 months less a day) 6 weeks Year 8 (84-96 months less a day) 7 weeks Year 9 to termination (96 months or more employees is required, more) 8 weeks Vacation time or medical leave will not be included for the Employer shall report this decision in writing to the Institute as soon as possible in advance calculation of the date on which above required notice for lay-off. If a laid off employee does not receive the notification required written notice of lay-off is then an employee can request: (1) to be given. At remain on the same timerecall list for up to one (1) year, the Employer shall provide or (2) receive pay in lieu of notice pursuant to the Institute such information as is considered necessary to demonstrate above chart. An employee on recall may accept pay in lieu of notice anytime within one (1) year of the necessity for the date of lay-off. 27.03 The Employer shall begin discussions with the Institute . If an employee on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date opts for a maximum payment pay in lieu of six notice then the employee is deemed to have abandoned any recall or seniority rights. If an employee on lay-off for one (61) months. 27.06 If no position year has not been found before recalled to employment by the expiry of the surplus noticeEmployer, the employee will receive a lay-off pay in lieu of notice at least one month before the scheduled lay-off dateand will lose all seniority and recall rights. If the an employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights accepts employment under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive of recall then the right of pay in lieu of notice to any indeterminate vacancy, which may ariseis deemed abandoned. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 A layThe Board shall give each employee in the bargaining unit who has acquired seniority and who is to be laid-off for a period greater than thirteen (13) weeks, notice in writing of lay off in accordance with the following: up to years service one week notice over year but less than years service two weeks notice over years but less than years service four weeks notice years or more service eight weeks notice The above notice shall only be given to permanent staff who must be laid off. Such notice is not required for employees declared surplus to location or for employees who have been bumped. In the event of a staff reduction, or a reduction of hours of an employee may result when financialin any classification, administrative or legislative circumstances necessitate employees shall be declared surplus to their location in reverse order of their seniority within their classification as specified by the seniority list. Notice that an employee is surplus to a redistribution of resources or location shall be handed to the elimination of one or more positions. 27.02 If employee and a acknowledgement requested if the Employer has determined employee is at work.. In the event that lay-off of one or more employees the employ is requirednot at work, the Employer notice shall report this decision in writing be sent by registered mail to the Institute as soon as possible in advance of the date last address on which the notification of lay-off is to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the lay-off. 27.03 The Employer shall begin discussions record with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimized. 27.04 An Board. The employee whose position who has been declared surplus to requirements location shall have to bump anyone with less seniority in his own classification, unless the Board and the Union Executive agree to do otherwise. An employee declared surplus to location must exercise his bumping rights within (5) working days from receipt of notice of surplus to location. This period.may be extended by mutual consent of the parties to this agreement. If there are no employees with less seniority in the employee's own classification, the surplus employee shall have to bump anyone with less seniority in a lower classification. must bump into a lower classification, the surplus employee's salary shall be given six (6) months’ notice during grandparented until a position in the surplus employee's classification becomes available through the job posting procedure. In the event a surplus employee with a seniority date of May or later, must bump into a lower classification, the surplus employee's salary shall be grandparented for a maximum of the length of time in the form or until a position becomes through the job procedure, whichever is the shorter length of time. If there are no employees with less seniority in the employee’s own or lower classification, the surplus employee shall have to bump anyone with less seniority in the immediately higher classification. Ifthere are no employees in the immediately higher classification, then the employee may bump up into the next higher classification, etc. A sixty working day training period will apply, and the Board will provide training comparable to that for promotional purposes. If there are no employees with less seniority in the system, the surplus employee shall If, as a result of the implementation of or or the employee must bump into a position with fewer hours ofwork per week than the employee’s previously held position, the hours of work shall be increased to equal the hours of work in the former position until a position with a suitable number of hours of work becomes available through the job posting procedure. In the event that an employee must bump an individual in the same or less classification which timeentails an increase in excess of round trip as compared with former distance driven to and from work, the employee will continue to shall receive his salary and benefits. During this period, the Employer will make every effort to redeploy the travel allowance as per board policy for each additional in excess of former round trip plus Every employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position who has been found before bumped by a more senior staff member shall have to bump in accordance with through An employee cannot bump into a higher classification if the expiry effect would prevent the operation of the surplus notice, school in accordance with the employee will receive a lay-off notice at least one month before requirements of the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period Ontario Department of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this articleLabour Code. An employee who accepts a vacancy in a determinate position will retain cannot bump into the right to receive recall notice to any indeterminate vacancy, which may ariseMaintenance A Trade Classification without having the necessary certification. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 In the event of a lay off, the last Member hired shall be the first laid off and the last Member laid off shall be the first requested to return provided the senior Member already possesses the necessary skill, ability and competence to perform the work available. A lay-senior Member laid off out of sequence or passed over for recall shall be entitled to receive an employee may result when financial, administrative or legislative circumstances necessitate a redistribution explanation of resources or the elimination of one or more positionschoice made on request. 27.02 If Where the Employer has determined length of seniority is the same, the alphabetical order of surnames shall apply. 28.01 Seniority in this Agreement shall be defined as the length of a Member's full-time accumulated service with the Board within the bargaining unit. The term "bargaining unit" shall be interpreted to mean any group of employees covered by a separate Collective Agreement, notwithstanding that lay-off of one two or more employees is required, bargaining units may be represented by the Employer same bargaining agent. Calculation of seniority shall report this decision in writing to be based on the Institute as soon as possible in advance of elapsed time from the date on which the notification of lay-off is to be given. At Member was first employed within the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the lay-off. 27.03 The Employer shall begin discussions specific bargaining unit with the Institute on the reasons behind the decision and will consider any proposal by Board, unless their service was broken, in which the lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements event, such calculation shall be given six from the date they 28.02 A Member shall be deemed to have broken service where: (6a) the Member is discharged for just cause; (b) the Member voluntarily terminates their employment; (c) the Member takes a Personal Leave pursuant to Article 20 that exceeds three (3) months’ notice during which time, ; any other contractual leave will not constitute broken service; (d) the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she Member is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-laid off date for a maximum payment of six period which exceeds eighteen (618) months. 27.06 If no position has been found before 28.03 For the expiry purpose of determining vacation entitlement, sick leave credits and insured benefits under this Agreement, service includes all continuous full-time service with the Board since the date of hire regardless of bargaining unit membership, but not including period(s) of broken service. 28.04 The Board will keep a seniority list up to date at all times, and whenever the Association raises a question of seniority, shall make the seniority list available for inspection for the purpose of settling the question. A current seniority list will be posted on Orders annually, and a list bearing the seniority of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will affected Members shall be added attached to a recall list for a period of one year, during which period he is not paidall vacation signing schedules. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 A In the event of lay-off, the Hospital shall lay-off employees in the reverse order of their seniority within their classification, providing that employees remain on the job who have the ability to perform the work. a) Displace an employee may result when financial, administrative who has lesser bargaining unit seniority and who is the least senior employee in a lower or legislative circumstances necessitate a redistribution of resources or identical paying classification in the elimination of one or more positions. 27.02 If bargaining unit provided the Employer has determined that employee originally subject to lay-off can perform the duties of one the lower or more employees identical classification where only familiarization/orientation and training not to exceed ten (10) working days is required, save and except where formal education, certification, and/or diploma is a requirement of the Employer position. Such employee so displaced shall report this be laid off. b) If a full time employee has exhausted all options within the Full time bargaining unit, they may displace the least senior part time employee provided the part time employee has less seniority and the full time employee can perform the duties of the position where only familiarization/orientation and no training is required. Such employee will be classified as a part time employee but shall have the right to recall to their previous position should it become available within nine (9) months of the date the employee accepted the part time position. c) If a part time employee has exhausted all options within the part time bargaining unit, they may displace the least senior full time employee provided the full time employee has less seniority than the part time employee who is subject to layoff and the part time employee can perform the duties of the position where only familiarization/orientation and no training are required. Such employee will be classified as a full time employee but shall have the right to recall to their previous position should it become available within nine (9) months of the date the employee accepted the full time position. The decision of the employee to choose one of the above shall be given in writing to the Institute as soon as possible in advance of the date on which the notification of lay-off is their Human Resources Consultant no later than ten (10) working days following notification. Employees failing to do so will be given. At the same time, the Employer shall provide deemed to the Institute such information as is considered necessary to demonstrate the necessity for the have accepted lay-off. 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 A lay-16.1 EMPLOYEES shall be laid off of an employee may result on the basis ofjob classification seniority only when financial, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positions. 27.02 If job relevant qualification factors between EMPLOYEES are equal. After at least two (2) weeks notice to the Employer has determined that lay-off of one or more employees is requiredEMPLOYEE, the Employer EMPLOYER may lay off any EMPLOYEE when such action is necessary because of shortage of work or funds, the abolition of a position, or changes in the organization. No regular or probationary EMPLOYEE shall report this decision be laid off while there is a temporary EMPLOYEE serving in writing to the Institute as soon as possible in advance of the date on which the notification of lay-off is to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the lay-off. 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant class of position for which he/she the regular or probationary employee is qualified or for which he/she would be able to qualify with reasonable training at no cost to qualified, eligible, and available. 2017 & 2018 AFSCME Labor Agreement 18 16.2 EMPLOYEES laid offby the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a EMPLOYER shall retain recall list rights for a period of one (1) year, during which period he is not paid. The EMPLOYER shall notify EMPLOYEES on layoff by registered mail to return to work at the EMPLOYEE'S last known address. The EMPLOYEE must return to work within three (3) weeks ofreceipt of this order to be eligible for reemployment. 27.07 An employee may decline to accept a vacancy in a determinate position without losing 16.3 Notwithstanding any of the foregoing provisions of this ARTICLE, all recall rights and all other rights under this article. AGREEMENT shall be lost if any of the following occurs: A. An employee who accepts EMPLOYEE quits of EMPLOYEE'S own accord; or B. An EMPLOYEE is dismissed for cause; or C. An EMPLOYEE does not return to work when recalled after lay-offs, in accordance with this ARTICLE; or D. An EMPLOYEE is absent from the payroll due to lay-off continuously for fifty-two (52) weeks or more. 16.4 In the event the EMPLOYER chooses to subcontract over 51% of a vacancy position(s) which would result in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leavelay off of EMPLOYEE(S), the leave will not EMPLOYER shall notify the affected EMPLOYEE(S) no less than ninety (90) days prior to the effective date of lay off. At no time shall the notice of layoff for other reasons be interrupted and the surplus period will start on the date the employee is medically declared able to return to workless than 45 days.

Appears in 1 contract

Samples: Labor Agreement

Lay-Off. 27.01 A lay-off of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positions. 27.02 (a) If the Employer has determined that lay-off of one or more employees is required, the Employer shall report this decision in writing to the Institute as soon as possible in advance of the date on which the notification of lay-off is necessary, it will be implemented in an orderly fashion taking into account the qualifications of the Despatcher or Ship Planner, the requirements of the COMPANY, and COMPANY service as a Despatcher or Ship Planner. Despatchers and Ship Planners shall be recalled to be given. At work on the same time, basis. (b) In the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the event of a lay-off, one month’s written notice shall be delivered to any affected Despatchers or Ship Planners. 27.03 The Employer (c) Seniority for a Ship Planner or Despatcher shall begin discussions commence as of the date of hire with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimizedCOMPANY. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6a) months’ notice Paid vacation is earned during each month of employment. The vacation earned is taken as paid leave of absence during the next calendar year in which timeit is earned. So far as is possible, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary COMPANY shall schedule vacations for the period beginning on his resignation date until his that is most desirable for the Despatcher or Ship Planner. The COMPANY will not unreasonably deny the request of a Despatcher or Ship Planner to change his/her scheduled lay-off date for a maximum payment vacation. The COMPANY reserves the final right to determine the scheduling of six (6) monthsvacations. 27.06 If no position has been found before the expiry (b) A newly hired Despatcher or Ship Planner shall work to December 31st of his/her initial year of employment without taking any paid vacation leave. The newly hired Despatcher or Ship Planner will become entitled to paid vacation leave January 1st of the surplus noticecalendar year immediately following his/her date of employment. (c) All vacation days earned in the prior year must be taken during the subsequent twelve-month period. A Despatcher or Ship Planner who has received approval to defer their vacation will have until February 28 of the year to take such vacation. Otherwise, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name it will be added to a recall list for a period of one year, during which period he is not paidpaid out by March 31st. 27.07 An employee may decline (d) Despatchers and Ship Planners who have not received approval to accept a vacancy in a determinate position without losing rights under this articledefer their vacation will be paid out any unused vacation entitlement by January 31st. An employee who accepts a vacancy in a determinate position will retain Please refer to Vacation Accrual Table on the right to receive recall notice to any indeterminate vacancy, which may arisefollowing page. 27.08 If an employee’s position is declared surplus while on sick leave(e) In the initial year of employment, the leave vacation entitlement will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.calculated as follows:

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 14.01 A layoff for full-time employees shall be defined as the elimination of a staffed position, or a reduction in the workforce, or a reduction in the regular hours of work as defined in the agreement. A layoff for part-time employees shall be defined as the elimination of a staffed position, or a reduction in the workforce. 14.02 The parties recognize the need for an orderly displacement procedure to minimize disruptions to the Employer's operations and the displacement of junior employees and the right of an employee who is subject to a lay-off having protection against reductions in pay or hours. Accordingly, an employee to be laid off and having sufficient seniority to displace another, shall displace the most junior employee in the classification to which he/she is moving, whose rate of pay and hours of work most closely correspond to his or her own with the intent that there be no reduction in pay. 14.03 No employee shall be allowed to displace another unless he/she has the necessary skill, ability and qualifications to perform the available work. 14.04 Employees shall be recalled in the order of their seniority provided they have the necessary skill, ability and qualifications to perform the available work. 14.05 Any displacement shall be effected as soon as reasonably practical and any employee being displaced cannot grieve any lack of notice. In the event of any dispute about a displacement, the Employer will meet with a member of the Union Committee as soon as practical in an attempt to resolve the dispute. 14.06 New employees will not be hired until those laid-off have been recalled, subject to 14.04. 14.07 Co-ordinators shall not be displaced by other employees, seniority notwithstanding, except by another Co-ordinator. Leaders shall not be displaced by other employees, seniority notwithstanding, except by another Leader or a Co-ordinator. 14.08 Layoff and recall of part-time employees shall otherwise be in accordance with the above procedures. (a) The Employer recognizes the importance of providing as much notice of impending lay-offs as possible, therefore, the Employer will inform the Union of any funding changes that could result in the lay-off of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positions. 27.02 employees as soon as reasonably known. If the Employer has determined that lay-off of one or more employees is requiredcontract with the Funder permits, the Employer shall report this decision will provide effected employees with no less than thirty (30) calendar days notice of an intended lay-off. Otherwise, except in writing to circumstances beyond the Institute as soon as possible in advance control of the date on which the notification Employer, employees will be provided with at least (5) days notice of lay-off is to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the a lay-off. 27.03 The Employer shall begin discussions with (b) Employees who are laid off for one shift or less will be paid for those hours not worked, regardless of the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimizedcircumstances. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, 14.10 In the employee will continue to receive his salary and benefits. During this periodevent of the termination of employment as defined in The Employment Standards Act, the Employer will make every effort to redeploy comply with the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost notice provisions set out therein. 14.11 Subject to the employeeforegoing full time employees may also displace part-time employees, but part time employees may only displace other part time employees. 27.05 The employee may request that 14.12 There shall be no displacement of other employees if the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date is for a maximum payment of six two (62) monthsconsecutive shifts or less. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 A lay-off Where the Board has made a decision to reduce the complement of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positions. 27.02 If the Employer has determined that lay-off of one or more employees is requiredService, the Employer shall report this decision in writing to the Institute as soon as possible in advance of the date on which the notification following system of lay-off is and, if subsequently required, termination shall apply: 24.01 Constables shall be laid off based on seniority, those constables with the least seniority shall be the first to be givenlaid off. At Members shall receive at least 60 calendar days' notice prior to the effective date of the lay-off or payment in lieu thereof except for probationary members who shall receive at least 30 days' notice prior to the effective date. The Board agrees that there shall be no lay-offs in the ranks of Sergeant/Detective or Staff Sergeant/Detective Sergeant. Copies of all notices of lay-off and recall shall be provided by the Board to the Association at the same time, the Employer shall provide time as notices are provided to the Institute such information as is considered necessary to demonstrate the necessity for the affected member(s). 24.02 Officers will be recalled in reverse order of lay-off. 27.03 The Employer 24.03 No new officer shall begin discussions be hired while any officer with recall rights has not been provided with recall opportunity, except with the Institute consent of the Association. (a) A constable selected for recall shall be informed of such by written notice. This notice shall be considered received by the member when mailed Registered Mail, to the last known address of the member as shown on the reasons behind record of the decision and will consider any proposal by which Force. It shall be the responsibility of each member on lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus off to requirements shall be given six (6) months’ keep the Force advised of his/her current address. Within ten calendar days after a member receives notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which must advise the Force in writing that he/she would accepts such recall and will be able to qualify with reasonable training at no cost commence employment on the date specified in the notice. Any and all re-employment/recall rights granted to a member shall terminate upon such member's failure to reply within 10 days of receipt of the employeenotice or if the member does not agree to return to duty within 14 days of receipt of the notice or within 14 days of the recall date specified on the notice whichever is later. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning (b) A member on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive shall retain his/her right to recall after a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one yeartwo years commencing with the effective date of the lay-off, during which period he is provided the member has not paidbeen found guilty of an act of misconduct resulting in the member's dismissal from the Force. A member on lay-off remains subject to discipline under the Police Services Act. 27.07 An employee may decline (c) During the period of lay-off a member on lay-off shall not be entitled to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain any of the provisions of the Agreement except the right to receive recall notice to any indeterminate vacancy, which may ariseas provided in this article. 27.08 If an employee’s position is declared surplus while on sick leave, 24.05 For the leave will not be interrupted purposes of the above lay-off and the surplus period will start on the date the employee is medically declared able to return to work.recall provision,

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 A lay-off Where the Board has made a decision to reduce the complement of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positions. 27.02 If the Employer has determined that lay-off of one or more employees is requiredService, the Employer shall report this decision in writing to the Institute as soon as possible in advance of the date on which the notification following system of lay-off is and, if subsequently required, termination shall apply: 30.01 Constables shall be laid off based on seniority, those constables with the least seniority shall be the first to be givenlaid off. At Members shall receive at least 60 calendar days’ notice prior to the effective date of the lay-off or payment in lieu thereof except for probationary members who shall receive at least 30 days’ notice prior to the effective date. The Board agrees that there shall be no lay-offs in the ranks of Sergeant/Detective or Staff Sergeant/Detective Sergeant. Copies of all notices of lay-off and recall shall be provided by the Board to the Association at the same time, the Employer shall provide time as notices are provided to the Institute such information as is considered necessary to demonstrate the necessity for the affected member(s). 30.02 Officers will be recalled in reverse order of lay-off. 27.03 The Employer 30.03 No new officer shall begin discussions be hired while any officer with recall rights has not been provided with recall opportunity, except with the Institute consent of the Association. (a) A constable selected for recall shall be informed of such by written notice. This notice shall be considered received by the member when mailed Registered Mail, to the last known address of the member as shown on the reasons behind record of the decision and will consider any proposal by which Force. It shall be the responsibility of each member on lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus off to requirements shall be given six (6) months’ keep the Force advised of his/her current address. Within ten calendar days after a member receives notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which must advise the Force in writing that he/she would accepts such recall and will be able to qualify with reasonable training at no cost commence employment on the date specified in the notice. Any and all re-employment/recall rights granted to a member shall terminate upon such member’s failure to reply within 10 days of receipt of the employeenotice or if the member does not agree to return to duty within 14 days of receipt of the notice or within 14 days of the recall date specified on the notice whichever is later. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning (b) A member on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive shall retain his/her right to recall after a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one yeartwo years commencing with the effective date of the lay-off, during which period he is provided the member has not paidbeen found guilty of an act of misconduct resulting in the member’s dismissal from the Force. A member on lay-off remains subject to discipline under the Police Services Act. 27.07 An employee may decline (c) During the period of lay-off a member on lay-off shall not be entitled to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain any of the provisions of the Agreement except the right to receive recall notice to any indeterminate vacancy, which may ariseas provided in this article. 27.08 If an employee’s position is declared surplus while on sick leave, 30.05 For the leave will not be interrupted purposes of the above lay-off and the surplus period will start on the date the employee is medically declared able to return to work.recall provision,

Appears in 1 contract

Samples: Collective Agreement

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Lay-Off. 27.01 A lay-off shall be defined as a reduction in the work force arising from a shortage of an employee work or a reduction of funding. Wherever possible, the Employer and Union will work together to identify and consider alternatives to lay-offs. The affected however, may result when financial, administrative choose to accept the layoff. The Employer agrees that no general or legislative circumstances necessitate a redistribution partial reduction of resources full-time hours or the elimination part-time minimum shift guarantee in Article shall be instituted in the event of one or more positions. 27.02 If a shortage of work without written consent by the Employer has determined that Union. A reduction of full-time regular hours shall be considered to be a lay-off and an employee so affected may elect to be laid off rather than continue in a position with reduced hours. in the event the employee chooses to accept a lay-off, the notice of one the reduction of hours shall constitute notice of lay-off in accordance with Article below. Employees have the right to refuse recall to any position full or more part time that has fewer regular hours or a lower rate of pay than the position held prior to lay-off. Such refusals do not in any way alter or extend an employee’s recall rights. Recognizing the special and very sensitive nature of the work involved and the need to match worker skills to client needs, the Employer may, for the purposes of complying with this Article, transfer or reassign but not demote, employees who remain on the job after the lay-off and reassignment process is completed, as circumstances require. It is understood that interim changes to regular schedules may occur. In the event that a reduction of the work force is required, the Employer agrees to lay off employees in the reverse order of seniority. The Employer further agrees to lay off all temporary employees before probationary or permanent employees are affected. The Employer and Union shall report this decision in writing meet prior to the Institute as soon as possible in advance lay-off being implemented to review the seniority list and order of lay-off. The parties agree that the hours worked by employees up to and including the end of the pay period that immediately precedes the required four weeks lay-off notice period will be used to determine the order of seniority for layoffs. Employees who have been laid off will be maintained on a recall list and will retain but not accrue seniority. Recall rights remain in effect for employees who have been laid off for a period of two years from the date on which the notification of lay-off is to Employees will be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the lay-off. 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive recalled after a lay-off notice in order of seniority, providing they are willing and qualified to do the work available. No new bargaining unit employees will be hired until all employees with recall rights have been offered available work, provided they are willing and qualified to do the work available. Employees who refuse a recall assignment forfeit all recall rights and their employment status will be terminated, consistent with Article The one exception to this is that employees who are offered a recall to a temporary or lower paying position than the one they occupied at least one month before the scheduled time of lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain granted the right to receive remain on lay-off while maintaining recall notice rights to any indeterminate vacancya position in their previous classification band for the duration of their recall period. Consistent with, which may arise. 27.08 If an employee’s position is declared surplus while on sick leaveand further to, Article and Article Il the leave Employer will not be interrupted and the surplus period will start on the date the employee is medically declared able attempt to notify employees of recall assignments initially by telephone followed by confirmation sent by registered mail. Employees who fail to return to work.work on the assigned recall date after being provided with five days written notice sent by registered mail and who have failed to provide the employer with change of address information will forfeit recall rights and employment will be terminated. For the purpose of this Article, the parties agree that employees have reassignment rights to particular classification bands and rates of pay and not to specific positions, consistent with Article

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 A lay-off of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or 13.1 The Hospital shall notify the elimination of one or more positions. 27.02 If Union office and the Employer has determined that lay-off of one or more employees is required, the Employer shall report this decision Chief Xxxxxxx(s) in writing to the Institute as soon as possible when a reduction in advance force is to take place. Said notice will be either hand delivered directly or mailed return receipt requested no less than ten (10) calendar days prior to the implementation of the date on which the notification of lay-off is to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the reduction in force/lay-off. This notification shall identify the unit, the shift, the hours and the employee classifications which will be impacted by this action. The ten (10) day notice shall not be required where the reduction in force/layoff is attributable to a strike notice. 27.03 13.2 The Employer shall begin discussions with individual to be laid off will have the Institute on right to displace the reasons behind least senior employee in that individual's job classification. If the decision and will consider any proposal by which individual is the lay-off(s) can be avoided or minimized. 27.04 An least senior in his/her job classification, that employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, may then displace the least senior employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position in another job classification for which he/she is qualified has the required skills. 13.2(a) MMTP Clinicians and other job titles or for which he/she would classifications will not displace each other regardless of seniority. 13.3 No employee may displace another who has more seniority. 13.4 During an employee's recall period (12.3) the following provisions shall apply. Employees on a recall list shall be notified of new positions, or positions that have become vacant. Employees will be able to qualify decline a recall to jobs or schedules with reasonable training at no cost fewer hours in classifications other than the one from which they were laid off and still remain on the recall list. No new employee will be hired for a position covered by the Agreement until all employees on the recall list qualified for that position have been recalled, decline the opening, or do not respond to the employee. 27.05 The employee may request that the Employer accept his resignation before the end a notice of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled layopen position. Laid-off date for a maximum payment employees covered under this clause shall be notified of six recall by certified mail, return receipt requested, to their last address on record, and must respond within seven (67) months. 27.06 If no position has been found before calendar days of such mailing. It is the expiry responsibility of the surplus notice, the employee will receive a laylaid-off notice at least one month before employee to notify the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period Hospital of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this articleany change of address. An employee who accepts a vacancy in a determinate has been displaced retains full recall rights to his/her former position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus either while on sick leave, layoff or while working in another position for the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to workHospital.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Lay-Off. 27.01 A 33.1 In the event of lay-off, employees shall be laid off in reverse order of their seniority within the affected classification. Where the seniority of employees subject to lay-off of an employee may result when financialis equal, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positions. 27.02 If the Employer has determined that lay-off will be according to qualifications. 33.2 The Employer shall give employees who are to be laid-off a minimum of one two (2) weeks’ notice in writing of the effective date of lay-off. The Employer may award the employee pay in lieu of the notice. 33.3 Laid-off employees shall be recalled in the order of their seniority within the classification. Where laid-off employees' seniority is equal, recall will proceed according to qualifications. 33.4 The Employer shall give notice of recall personally or more employees by registered mail. (a) Where notice of recall is requiredgiven personally, the Employer shall report deliver in duplicate a letter stating that the employee is recalled. In this decision in writing instance, notice of recall is deemed to the Institute as soon as possible in advance be given when served. (b) Where notice of recall is given by registered mail, notice is deemed to be given three days from the date on which the notification of lay-off is to be given. At the same time, mailing. 33.5 The employee shall keep the Employer advised at all times of their current address. The employee shall provide return to the Institute such information as is considered necessary work within five (5) calendar days of receipt of notice of recall, unless, on reasonable grounds, they are unable to demonstrate the necessity for the lay-offdo so and in any event shall return to work within ten (10) calendar days. 27.03 The Employer 33.6 No new employees shall begin discussions with be hired within a classification until employees laid off within that classification have been given the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimizedopportunity of recall. 27.04 33.7 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she who is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-laid off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paidtwelve (12) months shall cease to have recall rights and be considered terminated from their employment. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. 33.8 An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able fails to return to workwork when recalled under this article shall be considered terminated from their employment.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 A lay-off of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or 13.01 When the elimination of one or more positions. 27.02 If the Employer has determined that lay-off of one or more employees is required, the Employer shall report this decision in writing to the Institute as soon as possible in advance of the date on which the notification of lay-off is to be given. At the same time, the Employer shall provide to the Institute such information as is considered Company deems it necessary to demonstrate reduce the necessity for work force, plant wide seniority will be the guiding factor, consistent with the Company’s right to maintain a work force of employees who have the ability and qualifications to perform the work that is available at the time of the lay-off, at rate of the job. It is agreed and understood that such employee(s) may require some minor orientation to the workplace and/or situation, not to exceed one (1) shift Bargaining Unit employees will not carry their Company seniority into the skilled trades nor will the skilled trades workers exercise their seniority into the general production or non – production groups. 27.03 13.02 If the Company decides to shutdown the plant for vacation and requires employees to assist in maintenance work or perform unscheduled production, such employees who have signed the notice for vacation shutdown work will be selected by plant wide seniority, maintenance excepted. A member of the Union Committee must be asked to work during any temporary shutdown if there are two (2) or more employees working, and the Union Committee person is qualified for the work available. When the company deems it necessary to shut down for the purpose of taking inventory the following arrangements will apply: The Employer shall begin discussions with Company will post, one (1) week in advance of inventory the Institute number of employees required to perform inventory work, including material handling and/or finish parts on the reasons behind line. 13.03 When the decision Company deems it necessary to reduce the work force in the plant for more than one (1) shift, the Company will give regular employees, at work, five (5) working days clear notice of the layoff when possible. The Company will notify employees to be laid off in writing; and the employees will acknowledge receipt of such layoff notice by signing such written notice. Employees not working in the plant at the time of the notice of layoff will be advised by registered letter. Copies of employee layoff notices and registered letters will be provided for the Plant Chairperson. 13.04 The parties agree that any employee may not refuse a transfer to the available work under the Clause 13.01. Notwithstanding this provision, a maintenance department employee may refuse a recall to a production job. Prior to the employer hiring any new employees in production, skilled trades employees will be given the opportunity to return to work in the production department as a new hire. Such employees will not have to serve another probation period and will consider any proposal by which retain their seniority for the lay-off(s) can be avoided or minimizedpurpose of vacation and pension entitlement only. 27.04 An employee whose position has been declared surplus 13.05 If no work is available because of fire, lack of power, act of God, or for any other reason beyond the control of the Company, employees may be laid off, and the seniority provisions of Clause 13.01 will apply and the layoff notice provisions of Clause 13.03 will not apply for one (1) working day. 13.06 In the event that a layoff creates a vacancy that the Company elects to requirements shall fill and the vacancy is anticipated to last thirty (30) calendar days the job will be given six (6) months’ notice during which timetemporary posted. The Company and the Union agree that in the event of a reduction of personnel in a classification as a result of a layoff or lack of work, the employee affected by the reduction will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain only hold the right to receive recall notice to any indeterminate vacancyhis/her former classification only as long as he /she is at work in the plant. Employees laid off outside the plant for more than ten (10) working days from their last day worked will lose the right to recall to their former classification. When there is an increase required in this classification after the five (5) working day, which may arisesuch job will be posted under Article 15 of the collective agreement before there is a recall of employees laid off outside the plant. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 A Definitions 32.01 For the purpose of this Article, a lay-off (i.e. termination of an employee employment prior to the end date of the appointment) may result when financialif: a) The position is no longer required; or b) The responsibilities of the position, administrative or legislative circumstances necessitate a redistribution of resources or the elimination qualifications required, have changed sufficiently that the Staff Member no longer has the qualifications required to carry out the responsibilities; or c) There has been an adverse material change in the level of one or more positionsfunding. 27.02 If 32.02 A recommendation that a Staff Member be laid-off shall be made by the Employer has determined that Trustholder who shall provide a copy of the recommendation statement to the Staff Member, to Academic Staff Administration and to the Association and who shall offer to meet with the Staff Member to discuss the recommendation. Both the Staff Member and the Trustholder may be accompanied by an advisor at such a meeting. The Trustholder shall then forward the recommendation to the Appointing Officer unless, as a result of the meeting with the Staff Member, the Trustholder decides not to proceed with the recommendation 32.03 Upon receipt of a recommendation under 32.02, Academic Staff Administration shall consult with the Association and shall offer to meet with a representative of the Association to consider the recommendation. 32.04 Academic Staff Administration shall offer to meet with the Staff Member, the Trustholder and a representative of the Association and explore with them the options of: a) Reassignment b) Laying off of the Staff Member. 32.05 Upon completion of the consultation, meetings and exploration of options, Academic Staff Administration and the Trustholder shall meet and shall make one of the following decisions: a) To reject the recommendation for lay-off and confirm the Staff Member in the Staff Member’s present position; or b) To transfer the Staff Member to another position at the University; or c) To lay off the Staff Member 32.06 The Appointing Officer shall inform the Staff Member of one or more employees is required, the Employer shall report this decision in writing with copies to the Institute Association and Academic Staff Administration. 32.07 Layoff under this article shall not be considered nor presented as soon as possible in advance of the date on which the notification of laydismissal for cause. 32.08 A full-time Staff Member with a Fixed Term Appointment laid-off is to be given. At during the same time, term of their Appointment (i.e.: not at the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the lay-off. 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision normal end date) will receive at least one month’s formal notice of layoff and will consider any proposal by which be entitled to pay-in-lieu of notice in the layamount of two months’ salary. A full-off(s) can time Staff Member with a Renewable Term Appointment who will be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) laid-off will receive three months’ notice during which timeof layoff and will receive an additional one month’s pay-in-lieu of notice for each year of employment at the University of Alberta, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of nine months’ salary. A full-time Staff Member with multiple Fixed Term Appointments which cumulatively exceed six continuous years with no breaks in service and who will be laid-off during the term of their Appointment (6i.e. not at the normal end date) will receive three months’ notice of layoff and will receive an additional one month’s pay-in-lieu of notice for each year of employment at the University of Alberta, to a maximum payment of nine months’ salary. 27.06 32.09 Part-time Staff Members who are laid-off will be dealt with fairly on a case by case basis. 32.10 During the notice period, the Staff Member shall perform such duties as may be assigned or be placed on leave with full pay or be required to take any accumulated vacation, or a combination of these options; after discussion with the Staff Member, the Trustholder shall decide which of these options shall apply. 32.11 Pay-in-lieu of notice shall normally be paid in a lump sum. 32.12 If no position has been found before a Staff Member, subsequent to receipt of a lump sum pay-in-lieu of notice, is re-employed elsewhere at the expiry University within his /her notice or pay-in-lieu of notice period, the Staff Member will be required to repay the portion of the surplus pay-in-lieu of notice received for the overlapping months (e.g. a Staff Member receives nine months pay-in-lieu of notice and after three months is re-employed with the University. The Staff Member will be required to repay six months of the original pay-in-lieu of notice, the employee will receive a lay). 32.13 The University shall provide employment counselling services to laid-off Staff Members through the University’s Employee and Family Assistance program during the notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paidperiod. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 1 contract

Samples: Trust/Research Academic Staff Agreement

Lay-Off. 27.01 A lay-off of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or 12.1 The EMPLOYER shall be the elimination of one or more positions. 27.02 If the Employer has determined that lay-off of one or more employees is required, the Employer shall report this decision sole authority in writing to the Institute as soon as possible in advance of the date on determining which the notification of lay-off is job classification(s) and department(s) are to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the affected by a lay-off. Employees shall be laid-off on the basis of job classification seniority only when the job-relevant qualification factors between employees are equal provided all Temporary or seasonal employees within that job classification are laid off first. In case job classification seniority between two employees is equal, EMPLOYER seniority shall prevail. 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay12.2 Employees laid-off date for a maximum payment of six (6) months. 27.06 If no position has been found before by the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a EMPLOYER shall retain recall list rights for a period of one yeartwelve (12) months from the date of lay-off. If an opening occurs in the job classification from which the employee was laid-off within the twelve (12) month recall period the employee will be recalled to fill that position provided that at the time of recall the employee meets the qualifications and other conditions of employment as determined by the EMPLOYER. It shall be the employee’s responsibility to keep the EMPLOYER informed of the employee’s current address. The EMPLOYER shall notify employees on lay-off to return to work by certified mail. The employee must return to work within two (2) weeks of receipt of this notification to be eligible for re- employment. If the EMPLOYER does not receive confirmation of receipt of this notice within thirty (30) calendar days of sending it by certified mail, during the EMPLOYER may fill the vacant position to which period he is not paidthe employee was recalled and the employee loses recall rights to that position. 27.07 An employee may decline to accept a vacancy 12.3 No new or temporary employees shall be hired in a determinate position without losing rights under this article. An employee who accepts a vacancy respective classification until all employees on layoff in a determinate position will retain the right to receive recall notice to any indeterminate vacancythat classification, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able desiring to return to work, has been recalled. Employees shall be recalled based on the EMPLOYER’S need. 12.4 An employee laid off in one job classification shall have the right to replace an employee in a job classification of equal or less pay within the bargaining unit in accordance with Section 11.5 provided that: a) The employee meets the qualifications and other conditions of employment of the job classification as determined by the EMPLOYER; b) The employee’s job performance is satisfactory as determined by the EMPLOYER; c) The employee has job-relevant qualifications which are equal to those of the employee who would be replaced as determined by the EMPLOYER; and d) The employee has greater EMPLOYER seniority than that of the employee who would be replaced.

Appears in 1 contract

Samples: Labor Agreement

Lay-Off. 27.01 A 34.01 There shall be no lay-off of an any employee may result when financial, administrative or legislative circumstances necessitate a redistribution during the life of resources or the elimination of one or more positions. 27.02 If the Employer has determined that this Agreement except for lay-off resulting from lack of work. 34.02 In the event of lay-off, employees shall be laid off in reverse order of their seniority. Where the seniority of employees subject to lay-off is equal, lay-off will be according to qualifications. 34.03 The Employer shall give employees who are to be laid-off a minimum of one (1) month plus one additional week for each year of employment over two years, to a maximum of ten (10) weeks, notice in writing in advance of the effective date of lay- off, or more award pay in lieu of the notice. 34.04 Laid-off employees shall be recalled in the order of their seniority, where jobs become available, provided they have the skill, ability and required qualifications to perform such jobs. Where laid-off employees' seniority is requiredequal, recall will proceed according to qualifications. 34.05 The Employer shall give notice of recall personally or by registered mail. (a) Where notice of recall is given personally, the Employer shall report deliver in duplicate a letter stating that the employee is recalled. In this decision in writing instance, notice of recall is deemed to the Institute as soon as possible in advance be given when served. (b) Where notice of recall is given by registered mail, notice is deemed to be given three days from the date on which the notification of lay-off is to be given. At the same time, mailing. 34.06 The employee shall keep the Employer advised at all times of his/her current address. The employee shall provide return to work within fourteen (14) calendar days of receipt of notice of recall, unless, on reasonable grounds, he/she is unable to do so. 34.07 No new employees shall be hired until those laid off have been given the Institute such information as is considered necessary opportunity of recall. 34.08 With reference to demonstrate the necessity for the a re-hire of an employee after a lay-off. 27.03 The Employer shall begin discussions with , his/her employment in the Institute on position held by him/her at the reasons behind time he/she was laid off and his/her employment in the decision and will consider any proposal by which the lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or hired shall constitute continuous employment provided such re-hire is within a period of twelve (12) months. 34.09 Where an Employee ceases to be employed for reasons other than discharge and is re-employed within a period of twelve (12) months, those benefits which he/she would be able to qualify has earned as a result of his/her past service with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) monthsshall be reinstated. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 A lay-off 23:01 Where by reason of an employee may result when financiala shortage of work or funds, administrative or legislative circumstances necessitate a redistribution of resources or the elimination abolition of one a position or more positions. 27.02 If material changes in duties or organization, the Employer has determined determines that lay-off of one or more employees a lay off(s) is requirednecessary, the Employer shall report this decision in writing to determine the Institute as soon as possible in advance of the date on which the notification of lay-off is to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the lay-off. 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by classification(s) from which the lay-off(s) can be avoided or minimizedare to take place. 27.04 An employee whose position has been declared surplus 23:02 The Employer shall determine the group of employees concerned within each classification from which employees are to requirements shall be given six (6laid off. 23:03 Where the lay-off(s) months’ notice during which time, the employee will continue to receive his salary and benefits. During this periodof employee(s) is necessary, the Employer shall provide the Union with written notice not less than forty (40) days prior to the date of 23:04 Employees selected for lay-off shall receive four (4) weeks’ notice or payment in lieu. No notice is required for term employees who are released at the end of his/her term. The Union shall be provided with a copy of all lay-off notices issued. 23:05 In determining the order of lay-off of employees, seniority shall be the determining factor. This Article is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will make every effort be required to redeploy perform. Term employees with less than two (2) years of continuous service shall first be considered for lay-off. 23:06 An employee selected for lay-off may exercise an option to displace an employee with less seniority in the same, equivalent or lower classification, subject to the following: (a) A term employee laid off prior to a vacant position for which the expiry of his/her term may only displace another term employee with the same scheduled expiry date. (b) The employee exercising the displacement option must have the qualifications and ability to perform the work of the person he/she is qualified or for which he/she would be able seeking to qualify with reasonable training at no cost to the employeedisplace. 27.05 The 23:07 An employee may request that the Employer accept his resignation before the end who is displaced pursuant to Section :06 shall be given notice of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) monthsand may, in turn exercise an employee displacement option as set out in Section :06. The process will continue in this manner until there are no displacement opportunities. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. 23:08 An employee who accepts is entitled to displace another employee in accordance with the provisions of this Article may have a vacancy familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the 23:09 For purposes of this article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be required to perform, in a determinate position will retain the right to receive recall notice to any indeterminate vacancyfair, which may arisereasonable, and non discriminatory manner. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 A lay-off a) In the event that it is necessary for the employer to reduce the work force, a layoff shall be defined as a reduction in the workforce, or a reduction of 15% of the regularly scheduled hours of work of an employee. b) In the event of a proposed layoff of a permanent or long term nature, the Employer will provide the union with no less than 30 calendar days notice. c) In the event of other layoffs, the employer will provide the local union with as much notice as possible but not less than notice that is in accordance with Employment Standards Act. Such notice shall not be in addition to notice provided to employees. d) If requested, the employer will meet with the local Union to review: i) The reason causing layoff; ii) The service, which the Employer will undertake after the layoff iii) The method of implementation including the areas of cut back and the employees to be paid off. e) No full time employee may result when financial, administrative or legislative circumstances necessitate a redistribution within the bargaining unit shall be laid off by reason of resources or the elimination of his/her duties being assigned to one or more positionspart time-time employees without prior discussion with the union. 27.02 If f) In the Employer has determined that lay-off event of one or more employees is requireda layoff of an employee, the Employer shall report pay its share of insured benefit premiums for the duration of the month in which the employee is laid off and the month following, providing the employee pays their share of the premium. Employees may continue their benefits after this decision in writing point by paying the total cost of the benefit premium to the Institute as soon as possible in advance employer on the 25th of each month for the premiums die the following month. g) Laid off employees shall retain seniority, service and recall rights for twenty-four months from the last date of layoff. h) A layoff of employees shall be made on which the notification basis of lay-off is seniority provided that the employees who are entitled to be givenremain on the basis of seniority are qualified to perform the available work. At the same time, the Employer shall provide Subject to the Institute such information as is considered necessary to demonstrate the necessity for the layforegoing, probationary employees shall be first laid-off. Employees shall be laid off in reverse order of Seniority. 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(si) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements All employees who are potentially affected shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employeenotice. 27.05 The employee may request j) It is understood that at the Employer accept his resignation before the end time of his surplus period in order layoff, up to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six seniority lists (6both full and part time) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paidprovided. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 A layIf the Town finds it necessary to lay off employees, layoffs shall be implemented pursuant to Chapter 31 of the General Laws of the Commonwealth of Massachusetts, also known as the Civil Service Laws, and any rules and regulations promulgated thereto. a. Employees appointed prior to the Town's revocation of the Civil Service statute shall maintain all rights regarding layoffs, recall, inclusion on the re-off employment list, and lateral transfers, and the procedures under M.G.L. c. 31 governing such matters and any appeal rights shall continue to apply. b. For employees appointed after the removal of an employee may result when financialthe department from Civil Service, administrative the term "layoff means a reduction in the number of positions due to a lack of work, lack of funds or legislative circumstances necessitate a redistribution abolition of resources or position that results in the elimination separation of employment of one or more positionsemployees. 27.02 If c. In the Employer has determined that lay-off event of one or more employees is requireda layoff, the Employer least senior employee or employees shall report this decision in writing to the Institute as soon as possible in be laid off first. In any such case, five (5) days' advance notice of the date on which the notification of lay-off is to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the lay-off. 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements contemplated layoff shall be given six to the employee in writing; a copy of such notice shall also be given to the Union. Student officers shall be laid off first, followed by probationary employees. A laid-off employee shall have recall rights for a maximum period of five (65) months’ years. d. Recall shall be in order of seniority with the employee with the highest level of seniority having first right of recall. Notice of recall shall be via certified mail to the employee's last known address. A recalled employee shall notify the Chief of Police within fourteen (14) calendar days of mailing of the recall notice during which timeof his or her intention to return to the Police Department. Any person refusing or failing to exercise such recall opportunity within such fourteen (14) day period shall be deemed to have waived his or her right of recall permanently and absolutely. Employees must be available to work within twenty-one (21) calendar days of receiving notice to be eligible for recall. This requirement may be waived with the agreement of the Chief of Police. e. Prior to returning to work, a recalled employee may be required to undergo a physical examination, physical abilities test or such other examination or investigation as the Chief of Police deems necessary and appropriate. If, based on the results or such examination or investigation, the employee will continue to receive his salary and benefits. During this period, Chief of Police rescinds the Employer will make every effort to redeploy offer of recall he shall provide the employee with a written statement of his reasons for the rescission. This rescission may be subject to a vacant position the grievance and arbitration provisions of the contract. f. Laid off employees will be responsible for which he/she is qualified maintaining any required licenses or for which he/she would be able certifications, provided that laid off employees are allowed to qualify with reasonable attend department training sessions, if available, at no cost to the employeeemployee or the Town. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled layg. Laid-off date for employees will be allowed to attend courses which involve a maximum payment cost provided they pay their portion of six (6) monthsthe costs. 27.06 If no position has been found before h. Laid off employees who attend such Town- sponsored training sessions and/or courses, shall as a condition of attendance, sign a Release of All Claims on a form provided by the expiry Town indicating that they are participating on a voluntary basis and not as employees of the surplus noticeTown and, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy except in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start instances involving gross negligence on the date part of the employee is medically declared able to return to work.Town, they accept all risks associated with participation in the program.‌

Appears in 1 contract

Samples: Collective Bargaining Agreement

Lay-Off. 27.01 A lay-off of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or ‌ 13.1 The Hospital shall notify the elimination of one or more positions. 27.02 If Union office and the Employer has determined that lay-off of one or more employees is required, the Employer shall report this decision Chief Xxxxxxx(s) in writing to the Institute as soon as possible when a reduction in advance force is to take place. Said notice will be either hand delivered directly or mailed return receipt requested no less than ten (10) calendar days prior to the implementation of the date on which the notification of lay-off is to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the reduction in force/lay-off. This notification shall identify the unit, the shift, the hours and the employee classifications which will be impacted by this action. The ten (10) day notice shall not be required where the reduction in force/layoff is attributable to a strike notice. The Hospital and Union will meet and confer regarding the schedule for implementation of the layoffs. 27.03 The Employer shall begin discussions 13.2 Layoffs will be carried out in accordance with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimizedprocess laid out in Appendix D to this Agreement. 27.04 An 13.3 No employee whose position may displace another who has been declared surplus to requirements more seniority. MMTP Clinicians and other job titles or classifications will not displace each other regardless of seniority. 13.4 During an employee's recall period (12.3) the following provisions shall apply. Employees on a recall list shall be given six (6) months’ notice during which timenotified of new positions, the employee or positions that have become vacant. Employees will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify decline a recall to jobs or schedules with reasonable training at no cost fewer hours in classifications other than the one from which they were laid off and still remain on the recall list. No new employee will be hired for a position covered by the Agreement until all employees on the recall list qualified for that position have been recalled, decline the opening, or do not respond to the employee. 27.05 The employee may request that the Employer accept his resignation before the end a notice of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled layopen position. Laid-off date for a maximum payment employees covered under this clause shall be notified of six recall by certified mail, return receipt requested, to their last address on record, and must respond within seven (67) months. 27.06 If no position has been found before calendar days of such mailing. It is the expiry responsibility of the surplus notice, the employee will receive a laylaid-off notice at least one month before employee to notify the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period Hospital of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this articleany change of address. An employee who accepts a vacancy in a determinate has been displaced retains full recall rights to his/her former position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus either while on sick leave, layoff or while working in another position for the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to workHospital.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Lay-Off. 27.01 A lay-(a) In the event of a layoff, the most junior employee on the seniority list within the classification shall be laid off first. An employee laid off shall be given the opportunity to displace the most junior employee on the seniority list provided they: i) can perform the work required after an orientation period of an one (1) day; and ii) have more seniority than the employee may result when financialthey displaced. In the event the laid off employee cannot perform the work required after the one (1) day orientation period, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positionsemployee can displace in order the next most junior employee on the seniority list provided they meet the two conditions noted above. 27.02 If (b) In the event the Employer has determined that lay-off of one or more employees is requiredrequires additional employees, the Employer shall report recall the most senior employee on the seniority list provided the employee can perform the work required with an orientation period of one (1) day. (c) An employee exercising their right under this decision Article shall be paid the appropriate rate in writing the new classification. (d) This Article shall not apply to the Institute as soon as possible in advance layoffs and recalls of the date on which the notification of lay-off is to be given. At the same timethree (3) working days or less. (a) Before new employees are hired, the Employer shall provide recall employees on layoff by seniority provided that the employee possesses the necessary qualifications and skill to perform the required work. (b) When recalling an employee after layoff, they shall be notified by telephone or registered mail to the Institute such information as is considered necessary last address of the employee known to demonstrate the necessity Employer, and allowed ten (10) working days to report for work; however, they must advise the Employer within two (2) working days of the receipt of notification of return to work of their intention to return to work if they wish the Employer to hold the job open for them for the lay-off. 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(sfull ten (10) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this day period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has is recalled and advises the Employer that they are not resignedimmediately available for work, his name other qualified employees shall be recalled but shall be temporarily employed until the employee reports within the ten (10) working day period. (c) It shall be the employee’s responsibility to keep the Employer notified as to any change in their address or telephone number so that they will be added up to date at all times. If an employee fails to keep the Employer informed of their current address and telephone number, the Employer shall not be responsible for failure of a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arisereach such employee. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 A lay-off of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or 13.1 The Hospital shall notify the elimination of one or more positions. 27.02 If Union office and the Employer has determined that lay-off of one or more employees is required, the Employer shall report this decision Chief Xxxxxxx(s) in writing to the Institute as soon as possible when a reduction in advance force is to take place. Said notice will be either hand delivered directly or mailed return receipt requested no less than ten (10) calendar days prior to the implementation of the date on which the notification of lay-off is to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the reduction in force/lay-off. This notification shall identify the unit, the shift, the hours and the employee classifications which will be impacted by this action. The ten (10) day notice shall not be required where the reduction in force/layoff is attributable to a strike notice. The Hospital and Union will meet and confer regarding the schedule for implementation of the layoffs. within five (5) calendar days of delivery of the layoff notice, or a later date if mutually agreeable. Thereafter, the layoff notice, a current seniority list, and the implementation schedule shall be posted on all units. 27.03 The Employer shall begin discussions 13.2 Layoffs will be carried out in accordance with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimizedprocess laid out in Appendix D to this Agreement. 27.04 An 13.3 No employee whose position may displace another who has been declared surplus to requirements more seniority. MMTP Clinicians and other job titles or classifications will not displace each other regardless of seniority. 13.4 During an employee's recall period (12.3) the following provisions shall apply. Employees on a recall list shall be given six (6) months’ notice during which timenotified of new positions, the employee or positions that have become vacant. Employees will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify decline a recall to jobs or schedules with reasonable training at no cost fewer hours in classifications other than the one from which they were laid off and still remain on the recall list. No new employee will be hired for a position covered by the Agreement until all employees on the recall list qualified for that position have been recalled, decline the opening, or do not respond to the employee. 27.05 The employee may request that the Employer accept his resignation before the end a notice of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled layopen position. Laid-off date for a maximum payment employees covered under this clause shall be notified of six recall by certified mail, return receipt requested, to their last address on record, and must respond within seven (67) months. 27.06 If no position has been found before calendar days of such mailing. It is the expiry responsibility of the surplus notice, the employee will receive a laylaid-off notice at least one month before employee to notify the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period Hospital of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this articleany change of address. An employee who accepts a vacancy in a determinate has been displaced retains full recall rights to his/her former position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus either while on sick leave, layoff or while working in another position for the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to workHospital.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Lay-Off. 27.01 A layAny employee terminated due to automation or a reduction in the work force shall be considered as being laid-off off. When layoff of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positions. 27.02 If the Employer has determined that lay-off of one or more employees is requiredare to be made, the Employer shall report this decision determine what jobs are to be left vacant or abolished and the number of employees to be laid-off. Where employees are to be laid-off, in writing the case of office and technical employees, such layoffs shall proceed in inverse order of unit seniority within the job classification provided that no employees is to be displaced by an employee with more unit seniority unless he can fulfill the Institute as soon as possible normal of the job filled by the employee with less seniority. An office or technical employee about to be laid off who can fulfill the normal of a non on-air position in another job classification may apply his unit seniority and transfer laterally or revert to another such job, provided he can fulfill the normal functions of that job. The Employer must advise in Writing both the Union and the employee to be laid-off at least thirty (30) days in advance of the date proposed lay-off due to a lack of work or one hundred and twenty days (120) for automation (technological changes). The Employer shall make every effort to place such employees on which lay-off elsewhere in the notification Employer's employ. An employee laid off shall remain subject to recall based on the following: Length of employment Recall period If less than one year days Should an employee be reclassified through bumping or recall to a job other than the one held at the time of bumping or her rate will be the rate applicable to the new job that she is performing and shall be placed within the scale of this job accordingto her seniority. Except that a full time employee with more than years of seniority will see her salary reduced and frozen (red circled) at no less than half the difference between her old salary and the rate applicable to the new job. The Employee whose salary is reduced frozen shall continue to be paid her frozen rate until such time as the rate for the position that she occupies exceeds her reduced and salary. During the notice of the lay-off period, at the written request of any employee thus affected, the Employer undertakes to give him reasonable time, without loss of pay, to allow him to be interviewed for employment outside the services of the Employer. Subsequent to lay-off or reclassification due to a lay off, if a job vacancy occurs in the bargaining unit, the Company shall consider the laid off and reclassified employee for re-employment or reclassification in order of seniority with the The Company shall not be obliged to consider a laid-off employee laid off for more than the number of days specified in article If a laid-off-employee accepts regular on-air employment for a direct competitor of he shall not be considered for re- employment. When vacancies occur elsewhere than on-air, the Employer agrees to recall or reclassify in order of unit seniority laid off or reclassified employees with the occupationalqualifications for such vacancies. The employee on the recall list who is recalled to work in his former position after lay-off and who does not accept to report to work within two (2) weeks after being contacted will be considered as having resigned unless he has a valid reason. The employee on the recall list who is recalled to work in any permanent position after lay-off and cannot be contacted by phone or mail within one week of the recall will lose his right to that recall only but will remain on the recall list. An employee who refuses recall in a job classification other than that held at the time of lay-off, shall forfeit his recall right in that other job classification only. Should an employee who is still on the Employer's official callback list be recalled for temporary employment in the same job grade held at the time of lay-off, he will be recalled on a weekly basis and be paid the basic salary received at time of lay-off or the salary that may apply due to the annual general increase but excluding the anniversary increments, whichever is greater, as well as receive all benefits of this agreement. Should an employee who is still on the Employer's official recall list be recalled for temporary employment to a job function other than the one held at the time of re-classification or his rate, subject to will be giventhe rate of this temporary job. At Should an employee be recalled for part-time employment in the same time, the Employer shall provide to the Institute such information job grade as is considered necessary to demonstrate the necessity for the his job at time of lay-off. 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements , he shall be given six (6) months’ notice during which time, paid one and a half times his basic rate at the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end time of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for all hours worked in the day or one and a maximum payment half (1 times his basic rate that may apply due to the annual general increase but excluding the anniversary increments due to his accrued seniority2 Should an employee be recalled for part-time employment to a job function other than the one held at the time of six (6) months. 27.06 If no position has been found before re-classification or lay-off, the expiry salary grade of which is lower than his job at the time of lay-off, his rate shall, subject to article be the rate of the surplus notice, part-time position. Except in case where the employee will receive a lay-is called in to replace an employee on sick leave, approved leave of absence, or vacation, an employee who is called back and works continuously for eight (8) weeks, shall be considered as having been reinstated in his or her previous employment and may not be laid off notice at least one month before again unless all pertinent clauses of the scheduled lay-off dateagreement are applied. If the employee has been recalled for a job other than his or her own and this job becomes permanent, he or she still retains all recall rights for the job he or she held at the beginning of the lay-off procedure.” For the articles and it is understood that for a job to be a job in a “different job function” the reclassification must exceed four (4) consecutive weeks and it cannot resignedencompass any of the duties that the employee performed in the job he held at the time of lay-off or reclassification (his former job). If an employee is required to perform any duty of his former job, he shall receive the salary of his name former job for the tour of duty, as defined in article Further, if within the first four weeks after his reclassification the employee returns to his former job on a permanent basis he shall be paid the salary of his former job retroactively to the date of his reclassification. Applicable for on Air Personnel It is understood and agreed that an on-air employee may have his employment terminated for reasons peculiar to the broadcasting industry, for example: changes in program policy, replacement by more appropriate or more talented personnel, etc. Before implementing decisions in connection with the prerogative referred to herein, the Employer will advise the employee prior to any action being taken of the pertinent facts affecting the employee status. Subsequently at the employee’s request, a meeting between the company, the employee and the union will be added held to discuss the impact of the employer’s decision. Such meeting will only take place after the employee has had time to discuss the matter with the union (maximum hours after the first meeting with the employer). It is agreed that failure by the Employer to follow this procedure shall render the Employer’s decision null and void until such time as the procedure is followed. In such cases the full time employee shall receive a recall list separation allowance in accordance with the following article and the time shall Applicable for Part-time Personnel. A part-time employee who has worked regularly for thirteen (13) consecutive weeks and whose employment is terminated will be eligible for a period separation allowance equivalent to one-eighth of all hours worked during the fifty-two (52) weeks or less prior to termination An employee who is terminated but who remains employed with the Company in another capacity shall not be eligible for separation allowance. Applicable for permanent full-time employees. An employee with one or more years of seniority who is laid off shall be entitled to severance pay on the basis of one year, during which period he is not paid. 27.07 week of salary per year of uninterrupted service with the Employer. An employee may decline to accept with seven (7) or more years of continuous service shall receive severance pay at the rate of one (1) week of salary per six (6) months of such service. In no case shall severance pay be less than four (4) weeks of pay or more than a vacancy maximum of twenty-six (26) weeks of pay. At the employee's written request, severance pay shall be paid in a determinate position without losing rights under this articlelump sum at the time of lay-off. Employees accepting severance pay at the time of lay- off shall not be subject to recall. An employee who accepts has not requested severance pay at the time of lay-off and has not been recalled within the eighteen 8) month recall period shall receive severance pay in accordance with the above at the expiration of the recall period. If, during the recall period, subject to employee is offered a vacancy in the same or higher classification as his job at the time of lay-off and refuses to accept, the severance pay rights will be forfeited. If the employee leaves before the termination of his notice period, he shall be remunerated only for the time he remained in the service of the Employer but he remains eligible for severance pay as provided herein. Termination Pay Any employee, who has been for at least three months and whose employment is terminated for any reason, except gross misconduct or for a reason otherwise specified in this agreement, shall be entitled to two (2) weeks notice or pay in lieu of notice, such notice is the one foreseen in article of the Canada Labor Code and is not added to the notice given under section of the collective agreement. Should the Employer introduce machinery or equipment which automates a process in a determinate position will retain way as to affect the right to receive recall notice to employee's job security or render an existing job classification redundant or create any indeterminate vacancy, which may arise. 27.08 If an significant alteration of the employee’s position is declared surplus while on sick leave's working conditions, the leave Employer shall notify in writing the Union before implementation of such changes (failure to notify will not invalidate the process) and further, the Employer recognizes his obligation towards his employees by agreeingto the following conditions: In case of future changes in the employee's working conditions or job security due to the introduction of automation or technological changes, the Employer agrees to set up a program of training, if needed, or retraining for the employees affected if needed and who continue to be interrupted employed with the company, to enable them to become familiar with the operation or maintenance of the new equipment. An employee who training, retraining, as outlined in Article for work in an equivalent or higher classification, forfeits his rights to the severance pay and such employee may be dismissed and such dismissal will be considered as having been done with good and reason. Should a lay-off be the surplus period will start on result of such automation or technological changes, any employee thus affected shall be served the date the employee is medically declared able lay-off notice as specified in Article for full time and for part-time and shall also be eligible to return to worklay-off or severance pay.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 (a) A lay-off of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positions. 27.02 If the Employer has determined that lay-off of one or more employees is required, the Employer layoff shall report this decision in writing to the Institute be defined as soon as possible in advance any reduction of the date on which the notification work force or normal working hours, including gapping of lay-off is to be givenposition(s). At the same time, the Employer shall provide to the Institute Should such information as is considered necessary to demonstrate the necessity for the lay-off. 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this perioda reduction seem necessary, the Employer will make every effort meet with the Association to redeploy discuss the circumstances giving rise to the layoff and to consider suggestions aimed toward minimizing the negative effects of such layoff. All affected employees shall be provided a minimum of eight (8) weeks' notice of a layoff, or pay in lieu thereof. (b) A reduction in the normal hours of part time employees will be determined by averaging working hours over the preceding six pay periods. A part time employee who has committed to a vacant position be available for which he/work and subsequently is unavailable for such work shall have those unworked hours included in the averaging referred to above, unless she is qualified was ill, on an approved leave of absence, or for which he/she would on vacation. (c) Employees shall be laid off in reverse order of their seniority providing those who remain are qualified, and able to qualify with reasonable training at no cost perform the available work satisfactorily after a familiarization period of five (5) working days. Similarly, employees shall be recalled from layoff in order of their seniority providing they are qualified, and able to perform the employeeavailable work. 27.05 (d) No new employee will be hired while qualified satisfactory employees, who are capable of doing the work after a five (5) day familiarization period, are laid off. (e) Seniority and service shall be retained during layoffs. The employee may request that the Employer accept his resignation before will continue to pay its share of all insured benefit premiums to the end of his surplus period the month in order to receive a lump sum payment equivalent to his regular salary for which the period beginning on his resignation date layoff occurs, after which time the employee must pay the full premium cost of maintaining benefits until his scheduled lay-off date for a maximum payment of six (6) monthssuch time they are recalled or terminated. 27.06 If no position has been found before (a) Seniority shall be retained and accumulated when an employee is absent from work under the expiry following circumstances: i) approved leave of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added absence with or without pay up to a recall list period of one (1) month in any calendar year; ii) when in receipt of WSIB; iii) when in receipt of illness allowance as defined in the Short Term Disability Plan. iv) when on pregnancy/parental leave. (b) Seniority shall be retained, subject to paragraphs (a) and (c) hereof, only when an employee is absent from work under the following circumstances: i) approved leave of absence with or without pay; (c) Seniority shall terminate and an employee shall cease to be employed by the Employer when she: i) resigns for any reason; ii) is discharged for just cause and is not reinstated; iii) is absent without pay for a period of one yeartwo (2) years by reason of illness or accident, during which period he unless prohibited by statute; iv) is absent from work for more than three (3) consecutive scheduled working days without leave and without giving a valid reason; v) does not paid.return to work after an approved leave of absence without giving a valid reason; 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted vi) has been laid off and the surplus period will start on the date the employee is medically declared able fails to return to workwork within ten (10) working days after that employee has been notified by the Employer through registered mail addressed to the last address on the records of the Health Unit, subject to any special provisions regarding temporary vacancies noted under the heading of Layoff and Recall; vii) is laid off and not recalled to work within the following time frame: A) up to one (1) year's seniority - length of seniority; B) one (1) to five (5) years' seniority - one (1) year; C) five (5) or more years' seniority - twenty-four (24) months.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 A 12.1 The EMPLOYER shall be the sole authority in determining which job classification(s) and department(s) are to be affected by a lay-off. Employees shall be laid-off on the basis of an employee may result job classification seniority only when financialthe job-relevant qualification factors between employees are equal provided all temporary or seasonal employees within that job classification are laid off first. In case job classification seniority between two employees is equal, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positionsEMPLOYER seniority shall prevail. 27.02 If the Employer has determined that lay12.2 Employees laid-off by the EMPLOYER shall retain recall rights for a period of one or more employees is required, the Employer shall report this decision in writing to the Institute as soon as possible in advance of twelve (12) months from the date on which the notification of lay-off is to be givenoff. At If an opening occurs in the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the lay-off. 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by job classification from which the layemployee was laid-off(soffwithin the twelve (12) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which timemonth recall period, the employee will continue be recalled to receive his salary and benefits. During this periodfill that position provided, that at the time of recall, the Employer will make every effort to redeploy employee meets the employee to a vacant position for which he/she is qualified or for which he/she would qualifications and other conditions of employment as determined by the EMPLOYER. It shall be able to qualify with reasonable training at no cost to the employee. 27.05 's responsibility to keep the EMPLOYER informed of the employee's current address. The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning EMPLOYER shall notify employees on his resignation date until his scheduled lay-off date to return to work by certified mail. The employee must return to work within two (2) weeks of receipt of this notification to be eligible for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a layre-off notice at least one month before the scheduled lay-off dateemployment. If the EMPLOYER does not receive confirmation of receipt of this notice within thirty (30) calendar days of sending it by certified mail, the EMPLOYER may fill the vacant position to which the employee has not resigned, his name will be added was recalled and the employee loses recall rights to a recall list for a period of one year, during which period he is not paidthat position. 27.07 An employee may decline to accept a vacancy 12.3 No new or temporary employees shall be hired in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancyrespective classification until all employees on layoffin that classification, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able desiring to return to work, has been recalled. Employees shall be recalled based on the EMPLOYER'S need. 10/30/2018 11 12.4 An employee laid off in one job classification shall have the right to replace an employee in a job classification of equal or less pay within the bargaining unit in accordance with Section 11.5 provided that: a. The employee meets the qualifications and other conditions of employment of the job classification as determined by the EMPLOYER; b. The employee's job performance is satisfactory as determined by the EMPLOYER; c. The employee has job-relevant qualifications which are equal to those of the employee who would be replaced as determined by the EMPLOYER; and d. The employee has greater EMPLOYER seniority than that of the employee who would be replaced.

Appears in 1 contract

Samples: Labor Agreement

Lay-Off. 27.01 A lay-off 1. In the event of an employee may result when financial, administrative or legislative circumstances necessitate a redistribution of resources or the elimination of one or more positions. 27.02 If the Employer has determined determines that lay-off there is a lack of one or more available work in respect of the employees is requiredwithin the scope of this Agreement, the Employer shall report this decision in writing be at liberty to the Institute as soon as possible in advance lay off employees. 2. The Employer may lay-off employees by order of the date on which the notification reverse seniority. 3. Employees who have received notice of lay-off may request, in writing, to have any outstanding vacation entitlement paid out. 4. The period of a lay-off will be at least one (1) day but no more than sixty (60) consecutive calendar days in length. 5. The Employer will provide one (1) week written notice, or pay in lieu, to any employee of a lay-off that is to be givengreater than five (5) consecutive calendar days. 6. At the same time, the Employer A lay off in excess of sixty (60) consecutive calendar days shall provide to the Institute such information as is be considered necessary to demonstrate the necessity for the a permanent lay-off. 27.03 The Employer shall begin discussions with 7. Employees during the Institute on the reasons behind the decision and will consider any proposal by which the first sixty (60) days of lay-off(s) can be avoided or minimizedoff will maintain their eligibility for the benefits outlined under Article 6.2, except for Short Term and Long Term Disability coverage. 27.04 An 8. Employees will be notified of their recall from lay-off in order of seniority provided they have the skill and ability to do the job required. Any employee whose position recalled from lay-off will be recalled initially by the Employer by telephone. If an employee who has been declared surplus to requirements contacted by telephone does not come into work when requested, a notice of recall shall be given six (6) months’ notice during which time, the employee will continue to receive his salary and benefits. During this period, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified sent by registered mail or for which he/she would be able to qualify with reasonable training at no cost delivery to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date’s last known address. If the employee has does not resigned, his name will be added return to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start work on the date specified in the notice, then he or she will be deemed to have abandoned their employment. 9. Recall rights will expire twelve (12) months from the date of lay-off. 10. A copy of the notice of lay-off given to an employee, whose employment has been laid-off, shall be forwarded to the Union office on the date of giving such notice to the employee is medically declared able to return to workconcerned.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 A layRECALL 17.01 Lay-off and recall shall be on the basis of an seniority. Last to be hired shall be the first to be laid off, and the last to be rehired, providing that they remain on the job, employees who have the ability and are capable of performing the work. When available work in a classification is reduced the employee may result when financial, administrative or legislative circumstances necessitate with the least seniority within the classification will be laid off. When available work increases within a redistribution of resources or the elimination of one or more positions. 27.02 If the Employer has determined that lay-off of one or more classification all employees is required, the Employer shall report this decision in writing to the Institute as soon as possible in advance who were displaced because of the date on which reduction in hours will return to their position. Any employee facing layoff will have the notification right to bump. In the exercise of lay-their bumping rights, a laid off employee will bump first within their department provided they are qualified and capable of doing the job. If there is to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the lay-off. 27.03 The Employer shall begin discussions with the Institute on the reasons behind the decision and will consider any proposal by which the lay-off(s) can be avoided or minimized. 27.04 An employee whose position has been declared surplus to requirements shall be given six (6) months’ notice during which timeno work available in their department, the employee will continue may exercise their right to receive his salary bargaining unit wide bumping provided they are qualified and benefitscapable of doing the job. During this periodFor the purpose of layoffs, the Employer will make every effort all Regular Employees are senior to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) months. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this articleall Casual Employees. An employee who accepts has been laid off and wishes to be recalled must ensure that the Employer has a vacancy in a determinate position current phone number and address for purposes of recall. Employees on lay off must also ensure that the Employer is advised of any absences during which they are unavailable for recall. The Employer agrees that recall notification for steady employment will retain be by double registered mail. Any employee failing to report for duty within seven (7) days from the right time of such notification shall be considered to receive recall have resigned without notice. Employees who choose not to return, given adequate notice to any indeterminate vacancyof recall, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will shall not be interrupted and the surplus period will start on the date the employee is medically declared able to return to workeligible for severance pay.

Appears in 1 contract

Samples: Collective Agreement

Lay-Off. 27.01 A 47.01 There shall be no lay-off of an employee may result when financialany Employee during the life of this Agreement except for l ay-off resulting from lack of funding, administrative lack of work or legislative circumstances necessitate a redistribution discontinuance of resources or the elimination of one or more positionsfunction. 27.02 If 47.02 In the event of lay-off, Employees shall be laid off in reverse order of their seniority within their classification. 47.03 The Employer shall notify the Union and all affected Employees who are to be laid off three (3) months prior to the effective date, or award pay in lieu thereof, unless a greater period of notice is required by legislation, in which case such greater period of notice, or pay in lieu thereof, shall be given. 47.04 Employees shall be recalled within their classification in the order of their seniority, where jobs become available, provided they have the ability and qualifications to perform such jobs. The Employer shall give notice of recall by registered mail to the last recorded address of the employee. The Employee shall keep the Employer has determined advised at all times of their current address. The Employee shall return to work within ten (10) working days from the time that they receive notice of recall unless, on reasonable grounds, they are unable to do so. 47.05 No new Employees shall be hired within a classification until those laid off from the same department have been given the opportunity of recall. 47.06 A person ceases to be a lay-off of one or more employees is required, the Employer shall report this decision in writing if they are not appointed to the Institute as soon as possible in advance of a position within twelve (12) months from the date on which the notification of lay-off is to be given. At the same time, the Employer shall provide to the Institute such information as is considered necessary to demonstrate the necessity for the they became a lay-off. 27.03 The Employer shall begin discussions with 47.07 An Employee who has two (2) years or more of continuous employment and who is laid off is entitled to be paid Severance Pay at the Institute on the reasons behind the decision and will consider any proposal by which the time of lay-off(s) can be avoided or minimizedoff. 27.04 An employee whose position has been declared surplus to requirements 47.08 In the case of an Employee who is laid off for the first time following the signing of this Agreement, the amount of Severance Pay shall be given six two (62) months’ notice during weeks' pay for the first complete year of continuous employment, two (2) weeks' pay for the second complete year of continuous employment and one (l) weeks' pay for each succeeding complete year of continuous employment. The total amount of Severance Pay which timemay be paid under this Clause shall not exceed twenty-eight (28) weeks' pay. 47.09 In the case of an Employee who is laid off for a second or subsequent time following the signing of this Agreement the amount of Severance Pay shall be two (2) weeks' pay for the first complete year of continuous employment after re-engagement and one (l) week's pay for each succeeding complete year of continuous employment less any period in respect of which they were granted Severance Pay by the Employer from the previous lay-off but the total amount of Severance Pay which may be paid under this Clause shall not exceed twenty-seven (27) weeks' pay. 47.10 In no case shall a total in excess of twenty-eight (28) weeks' Severance Pay be paid, regardless of the number of times an Employee is laid off. 47.11 Where the Employer and the Employee agree, the employee will continue to receive his salary and benefits. During this periodEmployee may instead of receiving Severance Pay, the Employer will make every effort to redeploy the employee to a vacant position for which he/she is qualified or for which he/she would be able to qualify with reasonable training at no cost to the employee. 27.05 The employee may request that the Employer accept his resignation before the end of his surplus period in order to receive a lump sum payment equivalent to his regular salary work for the period beginning on his resignation date until his scheduled lay-off date for a maximum payment of six (6) monthstime equal to the number of weeks of Severance Pay. 27.06 If no position has been found before the expiry of the surplus notice, the employee will receive a lay-off notice at least one month before the scheduled lay-off date. If the employee has not resigned, his name will be added to a recall list for a period of one year, during which period he is not paid. 27.07 An employee may decline to accept a vacancy in a determinate position without losing rights under this article. An employee who accepts a vacancy in a determinate position will retain the right to receive recall notice to any indeterminate vacancy, which may arise. 27.08 If an employee’s position is declared surplus while on sick leave, the leave will not be interrupted and the surplus period will start on the date the employee is medically declared able to return to work.

Appears in 1 contract

Samples: Collective Agreement

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