Layoff and Recall Note Clause Samples
Layoff and Recall
Note. Provisions regarding Labour Adjustment are contained in Article 6.4 of the 2014 – 2019 Common Agreement. Provisions regarding the Registry of Laid Off Employees are contained in Article 6.3
Layoff and Recall
Note. SEE AMENDMENT LETTER RE 17.02 g)
17.01 Layoff shall be defined as a permanent discontinuance of a position or permanent reduction in hours of ten percent (10%) or more of an employee’s normal hours. For school closures, the employee(s) at the closing school will be laid-off.
17.02 An employee subject to layoff shall be notified in writing. Such employee shall have the following options;
(a) displace the least senior employee with equivalent hours or less hours (at the employee’s option) and within the same classification at a location within a forty (40) kilometre radius from the employee’s ‘home school’; or
(b) displace the least senior employee with equivalent hours or less hours (at the employee’s option) and within the same classification at a location beyond a forty (40) kilometre radius from the employee’s ‘home school’; or
(c) accept a reduction in hours and remain in the position, if the position still exists; or
(d) displace the least senior employee in a lower job classification with equivalent hours or less hours (at the employee’s option) and within a forty (40) kilometre radius from the employee’s ‘home school’ provided that the senior employee has the ability and qualifications to perform the work of the position; or
(e) displace the least senior employee in a lower classification with equivalent hours or less hours (at the employee’s option) and at a location beyond a forty (40) kilometre radius from the employee’s home school and subject to the other conditions as outlined in (d) above.
(f) In the application of (a) (b) (d) and (e) above the employee with the greater seniority may displace more than one part time employee in order to preserve the time allocation of the employee with the greater seniority. An employee who has displaced another employee in a position with less pay shall have their existing rate of pay red-circled for the lesser of a period of twelve (12) months, or until the rate of pay for the position catches up or supersedes that which the employee is presently receiving. After this time, the employee’s rate of pay will no longer be red-circled. If no option is selected or possible, the employee will be laid off and added to the recall list. If a position is offered, the employee may decline the position and elect to remain on the recall list. The employee will be allowed one refusal during the recall period after which the provisions contained in Part B, Article
