LAY-OFFS AND RECALLS. 11.01 Where the Employer deems it necessary to reduce staff or reduce hours of work of staff for any reason, lay-off will be in reverse order of seniority, within the affected position and classification provided that the employees who are entitled to remain on the basis of seniority are able to perform the available work. Casual and interim employees shall not receive notice of lay-off and do not have recall rights. Upon notification of lay-off to a permanent employee (full-time or part-time), casual and interim employees will be notified by the Employer that they will not be offered further work effective the earliest date of lay-off of a permanent employee and for the duration of any such lay-off, unless there are no permanent employees available for existing work. 11.02 The Employer shall give each Employee in the bargaining unit who has acquired seniority and who is to be laid off for a period of more than thirteen (13) weeks, notice in writing of her lay-off in accordance with the following schedule: - Up to one year’s service – 1 week’s notice - 1 year but less than 3 years’ service – 2 week’s notice - 3 years but less than 4 years’ service – 3 week’s notice - 4 years but less than 5 years’ service – 4 week’s notice - 5 years but less than 6 years’ service – 5 week’s notice - 6 years but less than 7 years’ service – 6 week’s notice - 7 years but less than 8 years’ service – 7 week’s notice - 8 years’ service or more – 8 week’s notice Such notice will be handed to the Employee and a signed acknowledgement requested if the Employee is at work at the time the notice is ready for delivery. In the alternative, it shall be mailed by registered mail. An Employee on lay-off and recalled to a temporary position shall not be entitled to further notice of lay-off. In the event of a proposed lay-off of more than thirteen (13) weeks' duration, the Employer will: (a) Provide the Union with two months notice of such lay-off where practicable, and in any event not less than 30 calendar days notice of lay-off. (b) Meet with the Union through the Union/Management Committee to review the following: i) the reason causing the lay-off; ii) the method of implementation including the areas of cut-back and employees to be laid off. 11.03 In all other cases of lay-off, the Employer shall give each Employee in the bargaining unit who has acquired seniority one (1) week's notice provided however, such notice shall not be required if the lay-off occurs because of emergencies (for example, fire, act of God, power failure or equipment breakdown). 11.04 An Employee who is subject to lay-off shall have the right to either: (a) Accept the lay-off; or (b) Displace an employee in her own classification who has lesser bargaining unit seniority and who is the least senior employee in the lower or identical paying position in the bargaining unit if the employee originally subject to the lay-off is qualified for and can perform the duties without training other than an appropriate familiarization period. In the event that the employee is displaced, pursuant to this Article, to another position carrying an equal or lower rate of pay, (i.e. one with a lower starting minimum rate of pay) she shall receive the rate closest to, but not higher than, her current rate of pay. A full time employee shall exhaust her bumping opportunities prior to bumping into a part time position in accordance with the above. In the case of lay-off, an Employee shall not be allowed to bump upward to a higher paid position (i.e. one with a higher starting rate of pay). (a) An Employee laid off under 11.01 shall be recalled to a vacant position in order of seniority (full-time and part-time seniority is not merged for the purpose of recall) provided that the Employee is qualified to perform the available work without training other than an appropriate familiarization period. (b) Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. (c) An Employee who has been offered such temporary employment shall not be required to accept such employment and may instead remain on lay-off. Recall procedures shall not apply to temporary vacancies. (d) In the event a full time Employee is temporarily recalled to a full time position prior to the last day of the month following her date of lay-off, her benefits will remain in place for the duration of that temporary recall, provided she has maintained her benefits up to the date of recall. (e) A full time employee who accepts a temporary recall shall be paid at her regular full time rate of pay together with the percentage in lieu of benefits at the rate specified for part time employees and will, for all purposes under the Collective Agreement, be treated as a part time employee except for permanent recall. (f) A full time employee who accepts a temporary recall will accrue seniority but not service through the period of such employment in the manner prescribed for part time employees. Seniority and service will be credited by dividing any hours earned by the normal daily hours (7.5) to establish the number of days to be credited to the employee once she has returned to full time employment. (g) A part time employee who accepts a temporary recall will accrue seniority but not service throughout the period of such employment. 11.06 An employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the lay-off should it become vacant within six (6) months of being recalled. 11.07 All employees who are on lay-off will be given a job opportunity provided they are qualified to perform the work available without training other than an appropriate familiarization period before any new employee is hired. 11.08 It is the sole responsibility of the employee who is being recalled to notify the Employer of her intention to return to work within five (5) calendar days after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) calendar days after receiving such notification The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The Employee is solely responsible for her proper address being on record with the Employer. 11.09 Where the employee fails to notify the Employer of her intention to return to work in accordance with the provisions of Article 11.08, she shall lose all seniority and be deemed to have quit the employ of the Employer. 11.10 A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off.
Appears in 1 contract
Samples: Collective Agreement
LAY-OFFS AND RECALLS. 11.01 Where the Employer deems it necessary to reduce staff or reduce hours of work of staff for any reason, The lay-off will of employees shall be in reverse order made on the basis of seniority, within the affected position and classification seniority provided that the employees who are entitled to remain on the basis of seniority are able to perform the available work. Casual and interim employees shall not receive notice of lay-off and do not have recall rights. Upon notification of lay-off to a permanent employee (full-time or part-timeStart at: 2 + Alignment: Left + Aligned at: 0" + Tab after: 1" + Indent at: 1", Tab stops: 0.5", List tab + Not at 1" + 1.25" )numbered + Level: 2 + Numbering Style: 01, casual and interim employees will be notified by the Employer that they will not be offered further work effective the earliest date of lay-off of a permanent employee and for the duration of any such lay-off02, unless there are no permanent employees available for existing work.03, … + sFormatted: Indent: Left: 0", Hanging: 0.5", Outline
11.02 The Employer shall give each Employee employee in the bargaining unit who has ha acquired seniority and who is to be laid off for a period of more than thirteen (13) 13 weeks, notice in writing of her lay-off in accordance with the following schedule: - . Up to one year’s service – 1 week’s notice - 1 year but less than 3 years’ service – 2 week’s notice - 3 years but less than 4 years’ service – 3 week’s notice - 4 years but less than 5 years’ service – 4 week’s notice - 5 years but less than 6 years’ service – 5 week’s notice - 6 years but less than 7 years’ service – 6 week’s notice - 7 years but less than 8 years’ service – 7 week’s notice - 8 years’ service or more – 8 week’s notice Such notice will be handed to the Employee employee and a signed acknowledgement requested if the Employee employee is at work at the time the notice is ready for delivery. In the alternative, it shall be mailed by registered mail. An Employee employee on lay-off and recalled to a temporary position shall not be entitled to further notice of lay-off. In the event of a proposed lay-off of more than thirteen (13) weeks' ’ duration, the Employer will:: ,Formatted: Indent: Left: 0.5", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Tab after: 1.25" + Indent at: 1.25", Tab stops: 1", List tab + Not at 1.25"
(a) Provide the Union with two no less than three (3) months notice of such lay-lay off where practicableand wFormatted: Indent: Left: 0.5", and in any event not less than 30 calendar days notice of lay-off.Hanging: 0.5", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Tab after: 1.25" + Indent at: 1.25", Tab stops: 1", List tab + Not at 1.25"
(b) Meet meet with the Union through the Union/Staff Management Committee to review revie the following:
i) the reason causing the lay-off;
ii) the method of implementation including the areas of cut-back and employees to be laid off.
11.03 In all other cases of lay-off, the Employer shall give each Employee in the bargaining unit who has acquired seniority one (1) week's notice provided however, such notice shall not be required if the lay-off occurs because of emergencies (for example, fire, act of God, power failure or equipment breakdown).
11.04 An Employee who is subject to lay-off shall have the right to either:
(a) Accept the lay-off; or
(b) Displace an employee in her own classification who has lesser bargaining unit seniority and who is the least senior employee in the lower or identical paying position in the bargaining unit if the employee originally subject to the lay-off is qualified for and can perform the duties without training other than an appropriate familiarization period. In the event that the employee is displaced, pursuant to this Article, to another position carrying an equal or lower rate of pay, (i.e. one with a lower starting minimum rate of pay) she shall receive the rate closest to, but not higher than, her current rate of pay. A full time employee shall exhaust her bumping opportunities prior to bumping into a part time position in accordance with the above. In the case of lay-off, an Employee shall not be allowed to bump upward to a higher paid position (i.e. one with a higher starting rate of pay).
(a) An Employee laid off under 11.01 shall be recalled to a vacant position in order of seniority (full-time and part-time seniority is not merged for the purpose of recall) provided that the Employee is qualified to perform the available work without training other than an appropriate familiarization period.
(b) Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed ten (10) working days.
(c) An Employee who has been offered such temporary employment shall not be required to accept such employment and may instead remain on lay-off. Recall procedures shall not apply to temporary vacancies.
(d) In the event a full time Employee is temporarily recalled to a full time position prior to the last day of the month following her date of lay-off, her benefits will remain in place for the duration of that temporary recall, provided she has maintained her benefits up to the date of recall.
(e) A full time employee who accepts a temporary recall shall be paid at her regular full time rate of pay together with the percentage in lieu of benefits at the rate specified for part time employees and will, for all purposes under the Collective Agreement, be treated as a part time employee except for permanent recall.
(f) A full time employee who accepts a temporary recall will accrue seniority but not service through the period of such employment in the manner prescribed for part time employees. Seniority and service will be credited by dividing any hours earned by the normal daily hours (7.5) to establish the number of days to be credited to the employee once she has returned to full time employment.
(g) A part time employee who accepts a temporary recall will accrue seniority but not service throughout the period of such employment.
11.06 An employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the lay-off should it become vacant within six (6) months of being recalled.
11.07 All employees who are on lay-off will be given a job opportunity provided they are qualified to perform the work available without training other than an appropriate familiarization period before any new employee is hired.
11.08 It is the sole responsibility of the employee who is being recalled to notify the Employer of her intention to return to work within five (5) calendar days after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) calendar days after receiving such notification The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The Employee is solely responsible for her proper address being on record with the Employer.
11.09 Where the employee fails to notify the Employer of her intention to return to work in accordance with the provisions of Article 11.08, she shall lose all seniority and be deemed to have quit the employ of the Employer.
11.10 A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off.
Appears in 1 contract
Samples: Collective Agreement
LAY-OFFS AND RECALLS. 11.01 Where the Employer deems it necessary to reduce staff or reduce hours of work of staff for any reason, The lay-off will of employees shall be in reverse order made on the basis of seniority, within the affected position and classification seniority provided that the employees who are entitled to remain on the basis of seniority are able to perform the available work. Casual and interim employees shall not receive notice of lay-off and do not have recall rights. Upon notification of lay-off to a permanent employee (full-time or part-time), casual and interim employees will be notified by the Employer that they will not be offered further work effective the earliest date of lay-off of a permanent employee and for the duration of any such lay-off, unless there are no permanent employees available for existing work.
11.02 The Employer shall give each Employee employee in the bargaining unit who has acquired seniority and who is to be laid off for a period of more than thirteen (13) weeks, notice in writing of her lay-off in accordance with the following schedule: - . Up to one year’s service – 1 week’s notice - 1 year but less than 3 years’ service – 2 week’s notice - 3 years but less than 4 years’ service – 3 week’s notice - 4 years but less than 5 years’ service – 4 week’s notice - 5 years but less than 6 years’ service – 5 week’s notice - 6 years but less than 7 years’ service – 6 week’s notice - 7 years but less than 8 years’ service – 7 week’s notice - 8 years’ service or more – 8 week’s notice Such notice will be handed to the Employee employee and a signed acknowledgement requested if the Employee employee is at work at the time the notice is ready for delivery. In the alternative, it shall be mailed by registered mail. An Employee employee on lay-off and recalled to a temporary position shall not be entitled to further notice of lay-off. In the event of a proposed lay-off of more than thirteen (13) weeks' ’ duration, the Employer will:
(a) Provide the Union with two no less than three (3) months notice of such lay-off where practicablelay off, and in any event not less than 30 calendar days notice of lay-off.and
(b) Meet meet with the Union through the Union/Staff Management Committee to review the following:
(i) the reason causing the lay-off;
(ii) the method of implementation including the areas of cut-back and employees to be laid off.
(iii) closure and severance
11.03 In all other cases of lay-off, the Employer shall give each Employee employee in the bargaining unit who has acquired seniority one (1) week's ’s notice provided however, such notice shall not be required if the lay-off occurs because of emergencies (for example, fire, act of God, power failure or equipment breakdown).
11.04 An Employee employee who is subject to lay-off shall have the right to either:
(a) Accept accept the lay-off; or
(b) Displace displace an employee in her own classification who has lesser bargaining unit seniority and who is the least senior employee in the a lower or identical paying position classification in the bargaining unit if the employee originally subject to the lay-off is qualified for and can perform the duties of the lower or identical classification without training other than an appropriate familiarization period. In the event that the an employee is displacedtransferred, pursuant to this Article, to another position classification carrying an equal or a lower rate of pay, (i.e. one with a lower starting minimum rate of pay) she they shall receive the rate closest to, but not higher than, her current rate of pay. A full time employee shall exhaust her bumping opportunities prior to bumping into a part time position in accordance with pay of the abovelower rated classification. In the case of a lay-off, an Employee employee shall not be allowed to bump upward to a higher paid position the same or lower classification if they are qualified and can perform the duties of the classification without training other than appropriate familiarization period of up to two (i.e. one with a higher starting rate of pay)2) weeks.
(a) 11.05 An Employee employee laid off under 11.01 shall be recalled to a vacant position in order of seniority (full-time and part-time seniority is not merged for the purpose of recall) seniority, provided that the Employee employee is qualified to perform the available work without training other than an appropriate familiarization period.
(b) . Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed ten (10) working days.
(c) . An Employee employee who has been offered such temporary employment shall not be required to accept such employment and may instead remain on lay-lay- off. Recall procedures shall not apply to temporary vacancies.
(d) In the event a full time Employee is temporarily recalled to a full time position prior to the last day of the month following her date of lay-off, her benefits will remain in place for the duration of that temporary recall, provided she has maintained her benefits up to the date of recall.
(e) A full time employee who accepts a temporary recall shall be paid at her regular full time rate of pay together with the percentage in lieu of benefits at the rate specified for part time employees and will, for all purposes under the Collective Agreement, be treated as a part time employee except for permanent recall.
(f) A full time employee who accepts a temporary recall will accrue seniority but not service through the period of such employment in the manner prescribed for part time employees. Seniority and service will be credited by dividing any hours earned by the normal daily hours (7.5) to establish the number of days to be credited to the employee once she has returned to full time employment.
(g) A part time employee who accepts a temporary recall will accrue seniority but not service throughout the period of such employment.
11.06 An employee recalled to work in a different classification from which she was they were laid off shall have the privilege of returning to the position she they held prior to the lay-off should it become vacant within six (6) months of being recalled.
11.07 All employees who are on lay-off will be given a job opportunity provided they are qualified to perform the work available without training other than an appropriate familiarization period before any new employee is hired.
11.08 It is the sole responsibility of the employee who is being recalled to notify the Employer of her on their intention to return to work within five (5) calendar days after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) calendar days after receiving such notification notification. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The Employee employee is solely responsible for her their proper address being on record with the Employer.
11.09 Where the employee fails to notify the Employer of her intention to return to work in accordance with the provisions of Article 11.08, she shall lose all seniority and be deemed to have quit the employ of the Employer.
11.10 A laid off employee shall retain the rights of recall for a period of twenty-twenty- four (24) months from the date of lay-off.
Appears in 1 contract
Samples: Collective Agreement
LAY-OFFS AND RECALLS. 11.01 Where the Employer deems it necessary to reduce staff or reduce hours of work of staff for any reason, The lay-off will of employees shall be in reverse order made on the basis of seniority, within the affected position and classification seniority provided that the employees who are entitled to remain on the basis of seniority are able to perform the available work. Casual and interim employees shall not receive notice of lay-off and do not have recall rights. Upon notification of lay-off to a permanent employee (full-time or part-time), casual and interim employees will be notified by the Employer that they will not be offered further work effective the earliest date of lay-off of a permanent employee and for the duration of any such lay-off, unless there are no permanent employees available for existing work.
11.02 The Employer shall give each Employee employee in the bargaining unit who has acquired seniority and who is to be laid off for a period of more than thirteen (13) weeks, notice in writing of her lay-off in accordance with the following schedule: - . Up to one year’s service – 1 week’s notice - 1 year but less than 3 years’ service – 2 week’s notice - 3 years but less than 4 years’ service – 3 week’s notice - 4 years but less than 5 years’ service – 4 week’s notice - 5 years but less than 6 years’ service – 5 week’s notice - 6 years but less than 7 years’ service – 6 week’s notice - 7 years but less than 8 years’ service – 7 week’s notice - 8 years’ service or more – 8 week’s notice Such notice will be handed to the Employee employee and a signed acknowledgement requested if the Employee employee is at work at the time the notice is ready for delivery. In the alternative, it shall be mailed by registered mail. An Employee employee on lay-off and recalled to a temporary position shall not be entitled to further notice of lay-off. In the event of a proposed lay-off of more than thirteen (13) weeks' ’ duration, the Employer will:
(a) Provide the Union with two no less than three (3) months notice of such lay-off where practicablelay off, and in any event not less than 30 calendar days notice of lay-off.and
(b) Meet meet with the Union through the Union/Staff Management Committee to review the following:
(i) the reason causing the lay-off;
(ii) the method of implementation including the areas of cut-back and employees to be laid off.
(iii) closure and severance
11.03 In all other cases of lay-off, the Employer shall give each Employee employee in the bargaining unit who has acquired seniority one (1) week's ’s notice provided however, such notice shall not be required if the lay-off occurs because of emergencies (for example, fire, act of God, power failure or equipment breakdown).
11.04 An Employee employee who is subject to lay-off shall have the right to either:
(a) Accept accept the lay-off; or
(b) Displace displace an employee in her own classification who has lesser bargaining unit seniority and who is the least senior employee in the a lower or identical paying position classification in the bargaining unit if the employee originally subject to the lay-off is qualified for and can perform the duties of the lower or identical classification without training other than an appropriate familiarization period. In the event that the an employee is displacedtransferred, pursuant to this Article, to another position classification carrying an equal or a lower rate of pay, (i.e. one with a lower starting minimum rate of pay) she they shall receive the rate closest to, but not higher than, her current rate of pay. A full time employee shall exhaust her bumping opportunities prior to bumping into a part time position in accordance with pay of the abovelower rated classification. In the case of a lay-off, an Employee employee shall not be allowed to bump upward to a higher paid position the same or lower classification if they are qualified and can perform the duties of the classification without training other than appropriate familiarization period of up to two (i.e. one with a higher starting rate of pay)2) weeks.
(a) 11.05 An Employee employee laid off under 11.01 shall be recalled to a vacant position in order of seniority (full-time and part-time seniority is not merged for the purpose of recall) seniority, provided that the Employee employee is qualified to perform the available work without training other than an appropriate familiarization period.
(b) . Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed ten (10) working days.
(c) . An Employee employee who has been offered such temporary employment shall not be required to accept such employment and may instead remain on lay-off. Recall procedures shall not apply to temporary vacancies.
(d) In the event a full time Employee is temporarily recalled to a full time position prior to the last day of the month following her date of lay-off, her benefits will remain in place for the duration of that temporary recall, provided she has maintained her benefits up to the date of recall.
(e) A full time employee who accepts a temporary recall shall be paid at her regular full time rate of pay together with the percentage in lieu of benefits at the rate specified for part time employees and will, for all purposes under the Collective Agreement, be treated as a part time employee except for permanent recall.
(f) A full time employee who accepts a temporary recall will accrue seniority but not service through the period of such employment in the manner prescribed for part time employees. Seniority and service will be credited by dividing any hours earned by the normal daily hours (7.5) to establish the number of days to be credited to the employee once she has returned to full time employment.
(g) A part time employee who accepts a temporary recall will accrue seniority but not service throughout the period of such employment.
11.06 An employee recalled to work in a different classification from which she was they were laid off shall have the privilege of returning to the position she they held prior to the lay-off should it become vacant within six (6) months of being recalled.
11.07 All employees who are on lay-off will be given a job opportunity provided they are qualified to perform the work available without training other than an appropriate familiarization period before any new employee is hired.
11.08 It is the sole responsibility of the employee who is being recalled to notify the Employer of her on their intention to return to work within five (5) calendar days after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) calendar days after receiving such notification notification. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The Employee employee is solely responsible for her their proper address being on record with the Employer.
11.09 Where the employee fails to notify the Employer of her intention to return to work in accordance with the provisions of Article 11.08, she shall lose all seniority and be deemed to have quit the employ of the Employer.
11.10 A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off.
Appears in 1 contract
Samples: Collective Agreement
LAY-OFFS AND RECALLS. 11.01 Where 15.01 Both Parties recognize that job security should increase in proportion to length of service. Therefore, in the Employer deems it necessary to reduce staff or reduce hours of work of staff for any reason, lay-off will be in reverse order of seniority, within the affected position and classification provided that the employees who are entitled to remain on the basis of seniority are able to perform the available work. Casual and interim employees shall not receive notice of lay-off and do not have recall rights. Upon notification of lay-off to a permanent employee (full-time or part-time), casual and interim employees will be notified by the Employer that they will not be offered further work effective the earliest date of lay-off event of a permanent employee and for the duration of any such lay-off, unless there are no permanent employees available for existing work.
11.02 The Employer shall give each Employee in the bargaining unit who has acquired seniority and who is to be laid off for a period in the reverse order of more than thirteen (13) weekstheir seniority, notice in writing of her lay-off in accordance with provided employees being retained are qualified to do the following schedule: - Up to one year’s service – 1 week’s notice - 1 year but less than 3 years’ service – 2 week’s notice - 3 years but less than 4 years’ service – 3 week’s notice - 4 years but less than 5 years’ service – 4 week’s notice - 5 years but less than 6 years’ service – 5 week’s notice - 6 years but less than 7 years’ service – 6 week’s notice - 7 years but less than 8 years’ service – 7 week’s notice - 8 years’ service or more – 8 week’s notice Such notice will be handed to the Employee and a signed acknowledgement requested if the Employee is at work at the time the notice is ready for delivery. In the alternative, it available.
15.02 Employees shall be mailed by registered mailrecalled in the order of the seniority list, provided they are qualified to do the work available. An Employee on lay-off and recalled When deciding whether an employee is qualified to a temporary position shall not be entitled to further notice of lay-off. In do the event of a proposed lay-off of more than thirteen (13) weeks' durationwork available, the Employer will:
(a) Provide the Union with two months notice of such lay-off where practicable, and agrees not to act in any event not less than 30 calendar days notice of lay-offan arbitrary or a discriminatory manner.
(b) Meet with the Union through the Union/Management Committee to review the following:
i) the reason causing the lay-off;
ii) the method of implementation including the areas of cut-back and employees to be laid off.
11.03 In all other cases of lay-off, the Employer shall give each Employee in the bargaining unit who has acquired seniority one (1) week's notice provided however, such notice shall not be required if the lay-off occurs because of emergencies (for example, fire, act of God, power failure or equipment breakdown).
11.04 An Employee who is subject to lay-off shall have the right to either:
(a) Accept the lay-off; or
(b) Displace an employee in her own classification who has lesser bargaining unit seniority and who is the least senior employee in the lower or identical paying position in the bargaining unit if the employee originally subject to the lay-off is qualified for and can perform the duties without training other than an appropriate familiarization period. In the event that the employee is displaced, pursuant to this Article, to another position carrying an equal or lower rate of pay, (i.e. one with a lower starting minimum rate of pay) she shall receive the rate closest to, but not higher than, her current rate of pay. A full time employee shall exhaust her bumping opportunities prior to bumping into a part time position in accordance with the above. In the case of lay-off, an Employee shall not be allowed to bump upward to a higher paid position (i.e. one with a higher starting rate of pay).
(a) An Employee laid off under 11.01 shall be recalled to a vacant position in order of seniority (full-time and part-time seniority is not merged for the purpose of recall) provided that the Employee is qualified to perform the available work without training other than an appropriate familiarization period.
(b) Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed ten (10) working days.
(c) An Employee who has been offered such temporary employment shall not be required to accept such employment and may instead remain on lay-off. Recall procedures shall not apply to temporary vacancies.
(d) In the event a full time Employee is temporarily recalled to a full time position prior to the last day of the month following her date of lay-off, her benefits will remain in place for the duration of that temporary recall, provided she has maintained her benefits up to the date of recall.
(e) A full time employee who accepts a temporary recall shall be paid at her regular full time rate of pay together with the percentage in lieu of benefits at the rate specified for part time employees and will, for all purposes under the Collective Agreement, be treated as a part time employee except for permanent recall.
(f) A full time employee who accepts a temporary recall will accrue seniority but not service through the period of such employment in the manner prescribed for part time employees. Seniority and service will be credited by dividing any hours earned by the normal daily hours (7.5) to establish the number of days to be credited to the employee once she has returned to full time employment.
(g) A part time employee who accepts a temporary recall will accrue seniority but not service throughout the period of such employment.
11.06 15.03 An employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the lay-off should it that position become vacant within six (6) months of being recalled.
11.07 All employees who are on lay-off will be given a job opportunity provided they are qualified to perform the work available without training other than an appropriate familiarization period before any 15.04 No new employee is hiredshall be hired into the bargaining unit until those laid off have been given an opportunity of recall, subject to Article 13.04.
11.08 It is 15.05 The Employer shall not terminate the sole responsibility employment of an employee who has been employed for three (3) months or more unless the Employer, in accordance with the Employment Standards Act gives:
(a) one (1) week’s notice in writing to the employee who if his/her period of employment is being recalled less than one (1) year;
(b) two (2) weeks’ notice in writing to notify the Employer employee if his/her period of employment is one (1) year or more but less than three (3) years;
(c) three (3) weeks’ notice in writing to the employee if his/her intention period of employment is three (3) years or more but less than four (4) years;
(d) four (4) weeks’ notice in writing to return to work within the employee if his/her period of employment is four (4) years or more but less than five (5) calendar days after being notified to do so by registered mail, addressed years;
(e) five (5) weeks’ notice in writing to the last address on record with the Employer employee if his/her period of employment is five (which notification shall be deemed 5) years or more but less than six (6) years;
(f) six (6) weeks’ notice in writing to have been received on the second day following the date of mailing) and to return to work within ten (10) calendar days after receiving such notification The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The Employee is solely responsible for if his/her proper address being on record with the Employer.
11.09 Where the employee fails to notify the Employer of her intention to return to work in accordance with the provisions of Article 11.08, she shall lose all seniority and be deemed to have quit the employ of the Employer.
11.10 A laid off employee shall retain the rights of recall for a period of twenty-four employment is six (246) months from the date of lay-off.years or more but less than seven (7) years;
Appears in 1 contract
Samples: Collective Agreement
LAY-OFFS AND RECALLS. 11.01 Where 15.01 Both Parties recognize that job security should increase in proportion to length of service. Therefore, in the Employer deems it necessary to reduce staff or reduce hours of work of staff for any reason, lay-off will be in reverse order of seniority, within the affected position and classification provided that the employees who are entitled to remain on the basis of seniority are able to perform the available work. Casual and interim employees shall not receive notice of lay-off and do not have recall rights. Upon notification of lay-off to a permanent employee (full-time or part-time), casual and interim employees will be notified by the Employer that they will not be offered further work effective the earliest date of lay-off event of a permanent employee and for the duration of any such lay-off, unless there are no permanent employees available for existing work.
11.02 The Employer shall give each Employee in the bargaining unit who has acquired seniority and who is to be laid off for a period in the reverse order of more than thirteen (13) weekstheir seniority, notice in writing of her lay-off in accordance with provided employees being retained are qualified to do the following schedule: - Up to one year’s service – 1 week’s notice - 1 year but less than 3 years’ service – 2 week’s notice - 3 years but less than 4 years’ service – 3 week’s notice - 4 years but less than 5 years’ service – 4 week’s notice - 5 years but less than 6 years’ service – 5 week’s notice - 6 years but less than 7 years’ service – 6 week’s notice - 7 years but less than 8 years’ service – 7 week’s notice - 8 years’ service or more – 8 week’s notice Such notice will be handed to the Employee and a signed acknowledgement requested if the Employee is at work at the time the notice is ready for delivery. In the alternative, it available.
15.02 Employees shall be mailed by registered mailrecalled in the order of the seniority list, provided they are qualified to do the work available. An Employee on lay-off and recalled When deciding whether an employee is qualified to a temporary position shall not be entitled to further notice of lay-off. In do the event of a proposed lay-off of more than thirteen (13) weeks' durationwork available, the Employer will:
(a) Provide the Union with two months notice of such lay-off where practicable, and agrees not to act in any event not less than 30 calendar days notice of lay-offan arbitrary or a discriminatory manner.
(b) Meet with the Union through the Union/Management Committee to review the following:
i) the reason causing the lay-off;
ii) the method of implementation including the areas of cut-back and employees to be laid off.
11.03 In all other cases of lay-off, the Employer shall give each Employee in the bargaining unit who has acquired seniority one (1) week's notice provided however, such notice shall not be required if the lay-off occurs because of emergencies (for example, fire, act of God, power failure or equipment breakdown).
11.04 An Employee who is subject to lay-off shall have the right to either:
(a) Accept the lay-off; or
(b) Displace an employee in her own classification who has lesser bargaining unit seniority and who is the least senior employee in the lower or identical paying position in the bargaining unit if the employee originally subject to the lay-off is qualified for and can perform the duties without training other than an appropriate familiarization period. In the event that the employee is displaced, pursuant to this Article, to another position carrying an equal or lower rate of pay, (i.e. one with a lower starting minimum rate of pay) she shall receive the rate closest to, but not higher than, her current rate of pay. A full time employee shall exhaust her bumping opportunities prior to bumping into a part time position in accordance with the above. In the case of lay-off, an Employee shall not be allowed to bump upward to a higher paid position (i.e. one with a higher starting rate of pay).
(a) An Employee laid off under 11.01 shall be recalled to a vacant position in order of seniority (full-time and part-time seniority is not merged for the purpose of recall) provided that the Employee is qualified to perform the available work without training other than an appropriate familiarization period.
(b) Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed ten (10) working days.
(c) An Employee who has been offered such temporary employment shall not be required to accept such employment and may instead remain on lay-off. Recall procedures shall not apply to temporary vacancies.
(d) In the event a full time Employee is temporarily recalled to a full time position prior to the last day of the month following her date of lay-off, her benefits will remain in place for the duration of that temporary recall, provided she has maintained her benefits up to the date of recall.
(e) A full time employee who accepts a temporary recall shall be paid at her regular full time rate of pay together with the percentage in lieu of benefits at the rate specified for part time employees and will, for all purposes under the Collective Agreement, be treated as a part time employee except for permanent recall.
(f) A full time employee who accepts a temporary recall will accrue seniority but not service through the period of such employment in the manner prescribed for part time employees. Seniority and service will be credited by dividing any hours earned by the normal daily hours (7.5) to establish the number of days to be credited to the employee once she has returned to full time employment.
(g) A part time employee who accepts a temporary recall will accrue seniority but not service throughout the period of such employment.
11.06 15.03 An employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the lay-off should it that position become vacant within six (6) months of being recalled.
11.07 All employees who are on lay-off will be given a job opportunity provided they are qualified to perform the work available without training other than an appropriate familiarization period before any 15.04 No new employee is hiredshall be hired into the bargaining unit until those laid off have been given an opportunity of recall, subject to Article 13.04.
11.08 It is 15.05 The Employer shall not terminate the sole responsibility employment of an employee who has been employed for three (3) months or more unless the Employer, in accordance with the Employment Standards Act gives:
(a) one (1) week’s notice in writing to the employee who if his/her period of employment is being recalled less than one (1) year;
(b) two (2) weeks’ notice in writing to notify the Employer employee if his/her period of employment is one (1) year or more but less than three (3) years;
(c) three (3) weeks’ notice in writing to the employee if his/her intention period of employment is three (3) years or more but less than four (4) years;
(d) four (4) weeks’ notice in writing to return to work within the employee if his/her period of employment is four (4) years or more but less than five (5) calendar days after being notified to do so by registered mail, addressed years;
(e) five (5) weeks’ notice in writing to the last address on record with the Employer employee if his/her period of employment is five (which notification shall be deemed 5) years or more but less than six (6) years;
(f) six (6) weeks’ notice in writing to have been received on the second day following the date of mailing) and to return to work within ten (10) calendar days after receiving such notification The notification shall state the job to which the employee if his/her period of employment is eligible six (6) years or more but less than seven (7) years;
(g) seven (7) weeks’ notice in writing to be recalled and the date and time at which the employee shall report for work. The Employee if his/her period of employment is solely responsible for her proper address being on record with the Employer.seven (7) years or more but less than eight (8) years;
11.09 Where (h) eight (8) weeks’ notice in writing to the employee fails to notify the Employer of if his/her intention to return to work in accordance with the provisions of Article 11.08, she shall lose all seniority and be deemed to have quit the employ of the Employer.
11.10 A laid off employee shall retain the rights of recall for a period of twenty-four employment is eight (24) months from the date of lay-off.8) years or more,
Appears in 1 contract
Samples: Collective Agreement
