Common use of Layoff and Recall Rights Clause in Contracts

Layoff and Recall Rights. 10:01 The parties recognize the existence of the job classifications as set forth in Schedule “A” hereto. 10:02 The following procedure will apply in the event of layoff or recall of employees. For the purposes of this Article only, a layoff will include a reduction of hours whereby a full time employee has her scheduled hours of work reduced by more than ten percent (10%) over a period of six (6) consecutive weeks. 10:03 Irrespective of the proposed nature of a layoff, the Employer agrees that it will provide the Union with as much advance notice of the layoff as circumstances permit, but in no event will the Union be provided with less than thirty (30) calendar days’ notice if the layoffs are to be long-term or permanent as defined by the Ontario Employment Standards Act (2000). As well, the parties will meet to discuss the classification(s) where the layoffs will occur and opportunities to minimize the impact of the layoffs on bargaining unit employees. 10:04 Where the workforce within a department is to be reduced by the Employer, probationary employees within the affected job classification(s) shall be the first to be laid off. It is agreed that should co-op students be in the workplace during a layoff, the co- op student(s) shall only shadow and will not perform bargaining unit work. If additional reductions are required, the most junior employee in the job classification will be the next to be laid off. 10:05 Employees to be laid off will be permitted to exercise their seniority rights to displace a junior employee in any other department or classification, provided they have the necessary qualifications, skill and ability to perform the work, without additional training. Employees displacing a junior employee will assume the rate of the classification into which they bump. MEDICAL LABORATORIES OF WINDSOR UNIFOR LOCAL 2458 - P A G E | 10 10:06 The procedure set out at Article 10:05 of this Agreement will continue until the most junior employee involved is laid off at which time the employee to be laid off will receive notice or pay in lieu of notice as established in the Ontario Employment Standards Act (2000). 10:07 The parties agree that when layoffs are necessary, the Chairperson shall be last employee laid off provided that she possesses the skill, ability, qualifications and experience to perform the remaining work available. 10:08 Any required notice of layoffs will be as prescribed by the Employment Standards Act (2000) and will be delivered to employees in accordance with the Act. 10:09 A copy of the layoff notice shall be sent to the Union at the same time as it is given or mailed to the employee(s) concerned. 10:10 Employees shall be recalled in reverse order of layoff, by written notice, delivered by registered mail to the last recorded address of the employee. A copy of such notice shall be provided to the Union. Any employee who does not respond to a written notice of recall or who does not report to work as scheduled in response to such notice within five (5) working days shall be deemed to have abandoned her employment and will be removed from the seniority list. 10:11 No new employee(s) will be hired in an employee’s classification until those laid off from the classification, and who retain the right to be recalled, have first been given the opportunity to be recalled. 10:12 Subject to Article 9:05(5) of this Agreement, seniority will continue to accrue during a period of layoff. 10:13 If an employee has been laid off for a period beyond the limits of her recall rights, as defined at Article 9:05(4) of this Agreement, without having been recalled, she will receive severance pay as calculated at the time of layoff, and her employment relationship will be deemed to have been terminated. Severance will be paid as prescribed by the Employment Standards Act (2000). MEDICAL LABORATORIES OF WINDSOR UNIFOR LOCAL 2458 - P A G E | 11 10:14Should an unforeseen event occur which is beyond the control of the Employer, such as a natural disaster, equipment failure, computer system failure or the like, necessitating a reduction of operations at one or more locations of the Employer, the Employer will determine what alternative work, if any, will be available and will make alternative work available to employees subject to the following guidelines. Employees shall be canvassed in order of seniority to determine their interest in assuming the alternative work. Employees will be given the options of accepting the alternative work, taking a short term layoff or taking vacation time if they have such time available. Employees who accept the alternative work offered will be paid the rate of the classification they assume.

Layoff and Recall Rights. 10:01 The parties recognize the existence of the job classifications as set forth in Schedule “A” hereto. 10:02 The following procedure will apply in the event of layoff or recall of employees. For the purposes of this Article only, a layoff will include a reduction of hours whereby a full time employee has her scheduled hours of work reduced by more than ten percent (10%) over a period of six (6) consecutive weeks. 10:03 Irrespective of the proposed nature of a layoff, the Employer agrees that it will provide the Union with as much advance notice of the layoff as circumstances permit, but in no event will the Union be provided with less than thirty (30) calendar days’ notice if the layoffs are to be long-term or permanent as defined by the Ontario Employment Standards Act (2000). As well, the parties will meet to discuss the classification(s) where the layoffs will occur and opportunities to minimize the impact of the layoffs on bargaining unit employees. 10:04 Where the workforce within a department is to be reduced by the Employer, probationary employees within the affected job classification(s) shall be the first to be laid off. It is agreed that should co-op students be in the workplace during a layoff, the co- op student(s) shall only shadow and will not perform bargaining unit work. If additional reductions are required, the most junior employee in the job classification will be the next to be laid off. 10:05 Employees to be laid off will be permitted to exercise their seniority rights to displace a junior employee in any other department or classification, provided they have the necessary qualifications, skill and ability to perform the work, without additional training. Employees displacing a junior employee will assume the rate of the classification into which they bump. MEDICAL LABORATORIES OF WINDSOR UNIFOR LOCAL 2458 - P A G E | 10. 10:06 The procedure set out at Article 10:05 of this Agreement will continue until the most junior employee involved is laid off at which time the employee to be laid off will receive notice or pay in lieu of notice as established in the Ontario Employment Standards Act (2000). 10:07 The parties agree that when layoffs are necessary, the Chairperson shall be last employee laid off provided that she possesses the skill, ability, qualifications and experience to perform the remaining work available. 10:08 Any required notice of layoffs will be as prescribed by the Employment Standards Act (2000) and will be delivered to employees in accordance with the Act. 10:09 A copy of the layoff notice shall be sent to the Union at the same time as it is given or mailed to the employee(s) concerned. 10:10 Employees shall be recalled in reverse order of layoff, by written notice, delivered by registered mail to the last recorded address of the employee. A copy of such notice shall be provided to the Union. Any employee who does not respond to a written notice of recall or who does not report to work as scheduled in response to such notice within five (5) working days shall be deemed to have abandoned her employment and will be removed from the seniority list. 10:11 No new employee(s) will be hired in an employee’s classification until those laid off from the classification, and who retain the right to be recalled, have first been given the opportunity to be recalled. 10:12 Subject to Article 9:05(5) of this Agreement, seniority will continue to accrue during a period of layoff. 10:13 If an employee has been laid off for a period beyond the limits of her recall rights, as defined at Article 9:05(4) of this Agreement, without having been recalled, she will receive severance pay as calculated at the time of layoff, and her employment relationship will be deemed to have been terminated. Severance will be paid as prescribed by the Employment Standards Act (2000). MEDICAL LABORATORIES OF WINDSOR UNIFOR LOCAL 2458 - P A G E | 11 10:14Should an unforeseen event occur which is beyond the control of the Employer, such as a natural disaster, equipment failure, computer system failure or the like, necessitating a reduction of operations at one or more locations of the Employer, the Employer will determine what alternative work, if any, will be available and will make alternative work available to employees subject to the following guidelines. Employees shall be canvassed in order of seniority to determine their interest in assuming the alternative work. Employees will be given the options of accepting the alternative work, taking a short term layoff or taking vacation time if they have such time available. Employees who accept the alternative work offered will be paid the rate of the classification they assume.

Layoff and Recall Rights. 10:01 The parties recognize the existence of the job classifications as set forth in Schedule “A” hereto. 10:02 The following procedure will apply in (a) In the event of layoff or recall of employees. For the purposes of this Article only, a layoff will include a reduction of hours whereby a full time employee has her scheduled hours of work reduced by more than ten percent (10%) over a period of six (6) consecutive weeks. 10:03 Irrespective of the proposed nature of a layoff, the Employer agrees Boards shall notify the affected employee in writing no less than two (2) weeks in advance of the layoff, with a copy to the Union President. (b) If a layoff should be necessary due to economic conditions, the following shall take place: (1) Probationary employees shall be eliminated first; (2) Within classifications, the employees with the least seniority first; (3) Employees may have bumping rights within the bargaining unit of the employing Board in the event that it will a less senior employee holds a position in the employee's classification. To be eligible, such employees must be qualified for and capable of satisfactorily performing the work of the least senior employee's position, and must elect to bump the least senior employee in their classification within seven (7) calendar days of receipt of notice of layoff. Along with the layoff notice, the employing Board shall provide the Union employee selected for layoff with as much advance notice a bargaining unit seniority list and a list of current vacancies for the layoff as circumstances permit, but in no event will employing Board (4) Laid off employees’ names shall be placed on a recall list for a period of up to one (1) year. The laid off employees shall have the Union be provided with less than thirty (30) calendar days’ notice if the layoffs are right to be long-term or permanent as defined by recalled to the Ontario Employment Standards Act (2000)classification from which they were laid off with the employing Board if such a position becomes vacant. As wellIn such cases, individuals on the parties will meet to discuss the classification(s) where the layoffs will occur and opportunities to minimize the impact of the layoffs on bargaining unit employees. 10:04 Where the workforce within a department is to be reduced by the Employer, probationary employees within the affected job classification(s) recall list shall be recalled based upon seniority provided that the first to be laid off. It employee is agreed that should co-op students be in qualified for the workplace during a layoff, the co- op student(s) shall only shadow position and will not perform bargaining unit work. If additional reductions are required, the most junior employee in the job classification will be the next to be laid off. 10:05 Employees to be laid off will be permitted to exercise their seniority rights to displace a junior employee in any other department or classification, provided they have the necessary qualifications, skill and ability to can satisfactorily perform the work, without additional training. Employees displacing a junior employee will assume the rate of the classification into which they bump. MEDICAL LABORATORIES OF WINDSOR UNIFOR LOCAL 2458 - P A G E | 10 10:06 The procedure set out at Article 10:05 of this Agreement will continue until the most junior employee involved is laid off at which time the employee to be laid off will receive notice or pay in lieu of notice as established in the Ontario Employment Standards Act (2000). 10:07 The parties agree that when layoffs are necessary, the Chairperson shall be last employee laid off provided that she possesses the skill, ability, qualifications and experience to perform the remaining work available. 10:08 Any required notice of layoffs will (5) No person shall be as prescribed by newly employed to a bargaining unit position until all qualified individuals subject to recall in the Employment Standards Act (2000) and will be delivered to employees in accordance with the Act. 10:09 A copy of the layoff notice relevant classification have been offered employment. Such offer shall be sent to the Union at the same time as it is given or mailed to the employee(s) concerned. 10:10 Employees shall be recalled in reverse order of layoff, by written notice, delivered by registered certified mail to the individual's last recorded address known address. It shall be the laid off individual's responsibility to notify the Superintendent of his/her current address. (6) An individual who declines an offer of reemployment shall forfeit all remaining recall rights. Failure to respond in writing to a notice of any opening within seven (7) calendar days after the mailing thereof shall constitute a refusal to accept reemployment and shall result in the employee. A copy of such notice shall be provided to the Union. Any employee who does not respond to a written notice of recall or who does not report to work as scheduled in response to such notice within five (5) working days shall be deemed to have abandoned her employment and will be removed from the seniority list. 10:11 No new employee(s) will be hired in an employee’s classification until those laid off from the classification, and who retain the right to be recalled, have first been given the opportunity to be recalled. 10:12 Subject to Article 9:05(5) of this Agreement, seniority will continue to accrue during a period of layoff. 10:13 If an employee has been laid off for a period beyond the limits of her 's forfeiting all remaining recall rights, as defined at Article 9:05(4) of this Agreement, without having been recalled, she will receive severance pay as calculated at the time of layoff, and her employment relationship will be deemed to have been terminated. Severance will be paid as prescribed by the Employment Standards Act (2000). MEDICAL LABORATORIES OF WINDSOR UNIFOR LOCAL 2458 - P A G E | 11 10:14Should an unforeseen event occur which is beyond the control of the Employer, such as a natural disaster, equipment failure, computer system failure or the like, necessitating a reduction of operations at one or more locations of the Employer, the Employer will determine what alternative work, if any, will be available and will make alternative work available to employees subject to the following guidelines. Employees shall be canvassed in order of seniority to determine their interest in assuming the alternative work. Employees will be given the options of accepting the alternative work, taking a short term layoff or taking vacation time if they have such time available. Employees who accept the alternative work offered will be paid the rate of the classification they assume.

Layoff and Recall Rights. 10:01 The parties recognize the existence 10.01 All members of the job classifications Union who have seniority under the terms and provisions of this Collective Agreement (or any similar independent collective agreements) as of May 1, 2001 with any Employers who are bound to this Collective Agreement (or any similar independent collective agreements) shall maintain that seniority and shall maintain the right to acquire seniority with any other employers (“existing members”). 10.02 Any employees who have not already acquired seniority with any Employer under this Collective Agreement (or any similar independent collective agreements) shall not be entitled to acquire seniority rights and the provisions of this Collective Agreement with respect to layoff and recall by seniority shall not apply to such employees (“new members”) save and except that it is agreed that the layoff and recall of such new members shall not be done in a manner which is arbitrary, discriminatory or in bad faith and save and except as set forth out in Schedule “A” heretoof this Collective Agreement with respect to the priority that such members will have over apprentices in situations concerning layoff and recall. 10:02 The following procedure will apply in (a) All new members working for the event Employer shall be laid off prior to the layoff of layoff any existing members who have established seniority rights with the Employer; (b) All existing members who have established and maintain their seniority rights with the Employer shall be recalled to employment prior to the hiring or recall re-hiring of employees. For any new member, providing that such existing employees are capable of performing the purposes of available work; (c) Any existing member, who is eligible to acquire seniority rights under this Article onlyAgreement, shall be subject to a layoff will include a reduction of hours whereby a full time employee has her scheduled hours of work reduced by more than ten percent (10%) over a period of six (6) consecutive weeks. 10:03 Irrespective of the proposed nature of a layoff, the Employer agrees that it will provide the Union month probation period with as much advance notice of the layoff as circumstances permit, but in no event will the Union be provided with less than thirty (30) calendar days’ notice if the layoffs are to be long-term or permanent as defined by the Ontario Employment Standards Act (2000). As well, the parties will meet to discuss the classification(s) where the layoffs will occur and opportunities to minimize the impact of the layoffs on bargaining unit employees. 10:04 Where the workforce within a department is to be reduced by the Employer, probationary employees within and thereafter his seniority date with that Employer shall revert back to the affected job classification(sdate of first hire; (d) Layoffs for existing members who have acquired seniority rights shall be by seniority date providing that the first to be laid off. It is agreed that should co-op students be in senior employees are capable of performing the workplace during a layoff, the co- op student(savailable work; (e) shall only shadow and will not perform bargaining unit work. If additional reductions are required, the most junior employee in the job classification will be the next to be laid off. 10:05 Employees to be laid off will be permitted to exercise their seniority rights to displace a junior employee in any other department or classification, provided they have the necessary qualifications, skill and ability to perform the work, without additional training. Employees displacing a junior employee will assume the rate of the classification into which they bump. MEDICAL LABORATORIES OF WINDSOR UNIFOR LOCAL 2458 - P A G E | 10 10:06 The procedure set out at Article 10:05 of this Agreement will continue until the most junior employee involved is laid off at which time the employee to be laid off will receive notice or pay in lieu of notice as established in the Ontario Employment Standards Act (2000). 10:07 The parties agree that when layoffs existing members, who have seniority rights, and who are necessary, the Chairperson laid off shall be last employee laid off entitled to recall, by order of seniority, for a period of up to six (6) months provided that she possesses the skillsenior employee is capable of performing the available work; 10.04 An existing member will lose his recall rights with any particular employer, ability, qualifications and experience to perform the remaining work available. 10:08 Any required notice of layoffs will be as prescribed by the Employment Standards Act (2000) and will be delivered to employees in accordance with the Act. 10:09 A copy of the layoff notice shall be sent deemed to be terminated if he: (i) Fails to return to work upon termination of an authorized leave of absence, unless a reason satisfactory to the Union at the same time as it Employer is given or mailed given; (ii) Fails to the employee(s) concerned. 10:10 Employees shall be recalled in reverse order of layoff, by written notice, delivered by registered mail to the last recorded address of the employee. A copy of such notice shall be provided to the Union. Any employee who does not respond to a written notice of recall or who does not report return to work as scheduled in response to such notice within five (5) working days shall be deemed of being recalled by the Employer; If the Employer is unable, for any reason to have abandoned her employment and will be removed from contact the seniority list. 10:11 No new employee(s) will be hired in an employee’s classification until those laid off from employee to advise him of his recall to employment, the classificationEmployer shall notify the Union and thereafter the Union shall have a period of five (5) additional working days in order to attempt to notify the member concerned of the Employer’s intent to recall him; At the request of the Union the Employer will supply a seniority list to it; On no account shall an employee who is transferred by his Employer between the Employer’s low rise or high rise operations suffer any disadvantage with respect to his seniority rights by virtue of such a transfer. Accordingly, and any employee who retain the right to be recalled, have first been given the opportunity to be recalled. 10:12 Subject to Article 9:05(5) of this Agreement, seniority is so transferred will continue to accrue during a period of layoff. 10:13 If an employee has been laid off for a period beyond and/or be eligible to acquire and maintain seniority under either or both the limits of her recall rights, as defined at Article 9:05(4) of this Agreement, without having been recalled, she will receive severance pay as calculated at low rise and high rise collective agreements in the time of layoff, and her employment relationship will be deemed to have been terminated. Severance will be paid as prescribed by the Employment Standards Act (2000). MEDICAL LABORATORIES OF WINDSOR UNIFOR LOCAL 2458 - P A G E | 11 10:14Should an unforeseen event occur manner which is beyond the control of the Employer, most advantageous to such as a natural disaster, equipment failure, computer system failure or the like, necessitating a reduction of operations at one or more locations of the Employer, the Employer will determine what alternative work, if any, will be available and will make alternative work available to employees subject to the following guidelines. Employees shall be canvassed in order of seniority to determine their interest in assuming the alternative work. Employees will be given the options of accepting the alternative work, taking a short term layoff or taking vacation time if they have such time available. Employees who accept the alternative work offered will be paid the rate of the classification they assumean employee.