Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff. (b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will: i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation. ii) Meet with the Union to review the following: A) The reasons causing the layoff or amalgamation. B) The service that the Employer will undertake after the layoff. C) Method of implementation including the areas of cutback and the Nurses to be laid off. D) Any other alternatives. iii) A Nurse who has been notified of a permanent layoff may: A) Accept the layoff. B) Opt to retire if eligible under the terms of the pension plan. C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work. D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer. iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed. v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act. vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules. (c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis. (d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education. (e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act. (f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 14 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. Notes:
(a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place This article does not apply to prevent or reduce the impact of layoffMedical Physics Residents.
(b) A permanent layoff will be For the purposes of Article 13, seniority is defined as on a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. local Hospital basis.
13.01 In the event of a proposed layoff by the Hospital of a permanent or long-long term nature or an amalgamationaffecting full-time and/or regular part-time Employees, the Employer Hospital will:
i(a) Provide the Union with no less than thirty ninety (3090) working days’ calendar days notice of such layoff or amalgamation.and;
ii(b) Meet with the Union to review the following:
A(i) The the reasons causing the layoff or amalgamation.layoff;
B(ii) The the service that which the Employer Hospital will undertake after the layoff.;
C(iii) Method the method of implementation including the areas of cutback and the Nurses Employees to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified . In the event of a proposed layoff by the Employer that is not of a permanent or long term nature or a cutback in service that will result in displacement of regular full-time or regular part-time staff, the Hospital will provide the Union with no less than 30 calendar days notice. Notice shall not be required in the case of a cancellation of all or part of a single scheduled shift or in the case of an unplanned work disruption. In the case of a work disruption Employees may utilize their accrued vacation and lieu time, if available. If requested, the Hospital will meet with the Union to review the reasons and expected duration of the cutback in service, realignments of service or staff and its effect on Employees in the bargaining unit. Notice of layoff may:
A) Accept to Employees shall be in accordance with the layoff.
B) Opt to retire if eligible under provisions of the Employment Standards Act. Any agreement between the Employer and the Union resulting from the review above concerning the method of implementation will take precedence over the terms of the pension planthis Article.
C(a) Elect In the event of layoff the Hospital shall lay off Employees in the reverse order of their seniority at a Hospital, providing that there remain on the job Employees who then have the ability and are qualified to perform the work.
(b) An Employee who is subject to layoff of a permanent or long term nature shall have the right:
(i) to accept the layoff; or
(ii) to elect to transfer to a vacant position at another Hospital, provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rulesavailable.
(c) In The Employee must advise the event Employer of a layoff within a specific geographic areahis decision, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 under (b) on a site-wide basisabove, within two (2) calendar weeks of being advised of the layoff.
(d) Nurses A laid off Employee shall retain the rights of recall to a job at the Hospital where he was previously employed prior to being laid off for a period of twenty four (24) months from the date of layoff. In the event the Employee obtains a regular position at another Hospital, he shall lose all rights of recall to any job at his former Hospital.
13.03 Grievances concerning layoff and recall shall be recalled in order initiated at Step 3 of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and educationgrievance procedure.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 5 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. (a) A For the purposes of layoff and recall, seniority is defined as length of continuous service in the job classification in the Office Area. For layoff because of lack of work, the employee with the least seniority in the Office Area shall be defined as a reduction of the number selected provided that an employee scheduled for layoff may be retained where he/she is performing duties which no more senior qualified employee is able to perform. Recall to their Office Area of employees who are laid off will be made on the basis of greatest seniority. An employee who is laid off and recalled to his/her Office Area within four years shall regain the seniority he/she had and shall be credited with the sick leave to which he/she is entitled at the time he/she was laid off. An employee who is not recalled within four years shall be considered terminated. When two or more employees with an identical seniority date in the bargaining unit. No reduction in the hours of work shall take place to prevent unit are scheduled for layoff or reduce the impact of layoff.
(b) A permanent layoff will be defined as recall, a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided lottery drawing shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In held to determine selection of the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses employee to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he off or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to performrecalled. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he Union representative shall be entitled present at the lottery drawing. Only one such lottery drawing shall be necessary to receive severance pay determine seniority for the list. An employee while on layoff from an Office Area shall be offered assignment to an opening in his/her title in any other Office Areas in the borough before any new applicants are assigned. An employee on layoff who accepts such assignment to another Office Area shall begin to earn Office Area seniority from the effective date of that assignment, and shall maintain recall rights back to his/her original Office Area in accordance with the Employment Standards Act.
vi) recall provision of this Article. For purposes of seniority the elementary, junior high and intermediate schools in each district shall constitute a separate Office Area. For the high schools each borough shall constitute a separate Office Area and for the warehouse and distribution locations the Warehouse and Distribution Section shall constitute a single Office Area. If the Nurse has the seniority to bump someone and chooses instead to take the layoffan hourly senior school lunch helper is laid off, the Nurse may have disqualified heremployee shall regain seniority in his/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall her prior job classification and have the right to exercise bump those employees in the rights outlined in 10.12 (b) on lower classification with less seniority provided the employee previously held a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer lower title. Employees and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall Union will be provided with a minimum of four (4) weeks’ given ten days notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off layoff, except for compelling reasons. The Union will be required to return to work within seven (7) given twenty days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteena mass layoff at a work location, except for compelling reasons.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. (a) Section A layoff shall be - Layoff is defined as a reduction of the number of employees work force. If layoff becomes necessary, it shall be conducted in the bargaining unitfollowing manner:
1. No reduction in the hours of work shall take place to prevent or reduce the impact of layoffTemporary employees.
(b) A permanent layoff will be defined as 2. Probationary employees.
3. Remaining employees beginning with the least seniored.
Section B - Seniored employees affected by a layoff that will exceed thirteen or elimination of position shall have the right to bump the least seniored bargaining unit member in an equal or next lesser position (13classification) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. for which they are qualified.
Section C - In the event of a proposed layoff reduction of permanent or long-term nature or an amalgamationhours, the Employer will:
i) Provide entire position to be so reduced shall be eliminated and a new position shall be posted. Layoff provisions herein shall apply, except that the Union with no less than thirty notice period for elimination of a position to facilitate a reduction of hours in said position may be reduced to five (305) working days’ . (An employee may voluntarily accept a reduction in his/her work hours without the position being subject to posting.)
Section D - Employees to be laid off shall be given a written notice at least fourteen (14) days prior to the effective date of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
CSection E - Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Employer's records. The recall notice shall state the time and date on which the employee is to report back to work. It shall be the employee's responsibility to keep the Employer notified as to his/her current mailing address. A recalled employee shall be given at least five (5) Method calendar days from receipt of implementation including the areas of cutback notice, excluding Saturdays and the Nurses Sundays, to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt report to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide may fill the position on a familiarization period of up to thirty-seven point temporary basis until the recalled employee can report for work, providing the employee reports within the five (37.55) hours, as determined by the Employerday period. Employees recalled to work for which they are qualified are obligated to take said work. An employee who declines recall to perform work for which he/she is qualified shall forfeit his/her seniority rights.
iv) In this ArticleSection F - A laid-off employee shall, a “vacant position” shall mean a position for which upon application, be granted priority status on the posting process has been completed and no successful applicant has been appointedsubstitute list according to his/her seniority.
v) When an employee accepts a longSection G - Laid-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses employees shall be recalled in reverse order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified layoff to perform the available work on the basis of her/his skill, ability, experience, qualification, training and educationany position for which they are qualified.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice Section H - For the purpose of layoff or such longer amount and recall only, up to three (3) identified officers of time as provided by the Employment Standards ActUnion shall assume the highest seniority ranking.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Layoff and Recall. (a) A layoff A. Layoff shall be defined as a reduction of the number of employees in the bargaining unit. No necessary reduction in the hours work force beyond normal attrition due to a shortage of funds or lack of work as determined by the Board of Education.
B. No Bargaining Unit Member shall take place be laid off unless said Bargaining Unit Member has been notified of said layoff at least twenty (20) work days prior to prevent or reduce the impact effective date of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. C. In the event of a proposed layoff of permanent layoff, the Board shall first lay off probationary Bargaining Unit Members, then the least seniored Bargaining Unit Members within the affected classification. In no case shall a new Bargaining Unit Member be hired by the Board while there are laid off Bargaining Unit Members who are qualified for a vacant or longnewly-term nature or an amalgamationcreated position. If layoffs are instituted, the Employer will:
i) Provide may grant an unpaid leave of absence to a Bargaining Unit Member who wishes to take the Union with no less than place of a Bargaining Unit Member who would otherwise be subject to layoff in the same job classification. Such leave shall be voluntary and without compensation, benefits or experience credit. However, the Bargaining Unit Member shall accrue seniority during the leave. The Board will make premium payments on behalf of the Bargaining Unit Member for insurance benefits for up to thirty (30) working days’ notice of such days after the date layoff or amalgamationis commenced under this section.
ii) Meet with D. A laid-off Bargaining Unit Member may replace a Bargaining Unit Member within another classification under the Union to review the followingfollowing conditions:
A) 1. The reasons causing laid off Bargaining Unit Member must possess equal or greater qualifications than the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses Bargaining Unit Member to be replaced;
2. The laid off Bargaining Unit Member must possess greater Bargaining Unit seniority than the Bargaining Unit Member to be replaced;
3. A laid off Bargaining Unit Member wishing to bump another member of the Bargaining Unit shall notify the Superintendent in writing immediately. The Bargaining Unit Member subject to the bump shall be notified in writing immediately by the Superintendent that he/she is laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) E. In the event of a layoff within reduction in the work hours in a specific geographic areaclassification, a Bargaining Unit Member may claim seniority over the least seniored Bargaining Unit Member in that classification for the purpose of maintaining his/her normal work schedule provided that his/her action will not disrupt the normal operation of the Employer. In no case shall a reduction of any Bargaining Unit Member’s work hours take effect until the Board gives ten (10) work days written notice to the affected Nurse(sBargaining Unit Member. A laid off Bargaining Unit Member shall, upon application, and, at his/her option be granted priority status on the substitute list according to his/her seniority and qualifications. Laid off Bargaining Unit Members may continue their health, dental, and life insurance benefits by paying the regular monthly per subscriber group rate premium for such benefits to the Employer, on (1) month in that area advance of the due date of the premium payment. The above practice shall be laid off in subject to the reverse order rules and regulations of seniority provided that the Nurses who are entitled insurance carrier. The Board will, however, make premium payments on behalf of the Bargaining Unit Member for insurance benefits for up to remain on thirty (30) days after the basis date of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basislay off.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff F. A recall list shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards ActEmployer stating the jobs available for re-employment. Recall shall be conducted as follows:
1. Classification seniority shall apply when the available position is within a Bargaining Unit Member’s former classification.
(f) Nurses who have been laid off will 2. When two or more Bargaining Unit Members possess equal classification seniority for an available position, the Bargaining Unit Member with the greater Bargaining Unit seniority shall be required to return to work within seven (7) days of receiving given the position. A drawing shall determine a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteentie where Bargaining Unit Members possess equal classification seniority and Bargaining Unit seniority.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Layoff and Recall. Whenever a layoff is planned the Employer will provide a combined (FT/PT) seniority list. Layoffs will be done according to this list.
(a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No It is understood that temporary reductions in normal hours of work due to fluctuations in business volumes shall not be considered to be a layoff. A permanent reduction in the hours of work scheduled shifts for a part-time nurse shall take place be deemed to prevent or reduce the impact of be a layoff.
(b) A permanent layoff will be defined as a layoff In the event that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamationnursing force is required, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service agrees that the Employer most junior nurse in the bargaining unit will undertake be laid off first provided that nurses who remain are qualified to do the work available. When recalling nurses after the layoff.
C) Method of implementation including the areas of cutback and the Nurses , those last to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt off will be first to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position be recalled provided that she/he or he in each case the nurse is qualified to perform do the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to performavailable. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic areaarea or team, the affected Nurse(snurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off The affected nurse may accept the layoff, or accept another assignment (if available), or displace the least senior nurse in the area of the nurse’s choosing, whose work she is qualified to perform, provided that the remaining nurses in that area are qualified to perform the work available. Nurses utilizing the bumping process shall be entitled to displace a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on junior nurse. Part-time nurses may only displace another part-time nurse but a sitefull-wide basistime nurse may displace another full-time nurse or a part-time nurse.
(dc) The Employer will not hire any new employee to fill a vacancy where there is an employee on layoff who is willing and qualified to fulfil the normal requirements of the job. This will apply regardless of whether the employee was full-time or part-time at the time of layoff. Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, seniority provided that the senior Nurse employee is qualified to perform the available work on work. Laid off nurses shall be given five (5) calendar days notice of recall. Recall shall be sent by registered mail to the basis last address filed with the Employer.
(d) In the event of her/his skilla proposed layoff at the Employer of a permanent or long- term nature, ability, experience, qualification, training and educationthe Employer will meet with the local Association to review the reasons causing the layoff.
(e) Employees subject No reduction or alteration in the normal hours of work shall take place to prevent or reduce the impact of a layoff on individuals without the consent of the Association.
(f) When a nurse accepts long-term layoff, in accordance with the provisions and terms of the Employment Standards Act, the nurse shall be provided entitled to receive severance pay in accordance with the provisions of the ESA.
(g) When the RFP process gets triggered by the CCAC, the Employer will inform the Union of the timelines and the areas affected. The Employer will keep the Union informed of the progression of the RFP process. The Employer will inform the Union of the outcomes of the RFP process as soon as they are known.
(h) A long-term or permanent layoff is defined as a minimum layoff that is anticipated to exceed thirteen (13) weeks. In the event of a proposed layoff of a permanent or long-term nature or the elimination of a position within the bargaining unit, the Employer shall:
(i) provide the Union with no less than four (4) weeks’ written notice of the proposed layoff or such longer amount elimination of time as provided by the Employment Standards Act.position; and
(fii) Nurses who have been laid off will be required provide to return to work within seven the affected employee(s), if any, no less than four (74) days of receiving a weeks’ written notice of recall. Notice of recall will be by Registered Maillayoff, or pay in lieu thereof. The seven (7) days period may be extended Employer shall meet with the local union to fourteenreview the following:
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as 10.1 When a reduction of employees in bargaining unit positions is deemed necessary by the Employer, it shall first attempt to accomplish the necessary reduction by normal attrition.
10.2 At least three weeks prior to the notice of layoff, the Employer shall meet with the Association to provide reasons for the layoffs and to discuss any alternatives.
10.3 The procedure for involuntary layoff shall be:
A. The employee(s) in position(s) that are being eliminated will be declared surplus.
B. The least senior employees shall be laid off to accommodate the number of positions eliminated.
C. The positions vacated by the laid-off employees shall be posted and filled pursuant to Article 11. Promotions and Transfers.
D. The District shall not be required to have more than two rounds of postings in accommodating the layoff situation; thereafter, the District shall meet with the employee(s) not slated for layoff who do not have an assignment, and after individual consultation beginning with the most senior surplus employee, shall determine placement to one of the remaining positions.
E. If a position is not filled because no applicant met the qualifications listed in the posting, then the District shall make one or more transfers (as per Article 11.4 Transfer) among existing staff to fill the position. However, it is understood and agreed that no transfer shall occur under this section which results in a loss of pay to the transferee, unless the transferee wishes to do so. This hold harmless provision from loss in pay shall only continue for an amount of time not to exceed the length of time the transferee held the position from which he/she was transferred. This hold harmless provision and the pay/income protections herein shall not apply to any employees hired into a TESA bargaining unitunit position after June 30, 2011. No reduction If a position cannot be reasonably filled by transfers, and there is a person on layoff who is qualified to fill the position, the laid-off person shall be recalled and assigned to the position.
F. In the event an employee who has taken a new position under this Section is not performing the duties of the new position satisfactorily after a period of sixty (60) calendar days, the District after consultation with the Union, shall make the necessary reassignments.
10.4 A surplus employee may elect to take a layoff rather than receive a new assignment as provided in Section 10.3.
10.5 The Employer shall send written layoff notices to the employees that will be laid off at least three weeks prior to the effective date of the layoff.
10.6 Laid-off employees shall retain recall rights for three years or the length of their seniority at the time of layoff, whichever is less. In the event an employee who has been laid off is mailed a notice of recall by certified mail, return receipt requested, to his/her last known address on file in the hours Administrative Center, and such employee does not notify the Employer in writing by certified mail, return receipt requested, within ten days after such offer of work recall of his/her acceptance, then such employee shall take place to prevent or reduce have no further rights of reinstatement unless approved by the impact Employer in writing.
10.7 The order of recall shall be most senior recalled first. Employees recalled shall be reinstated with their adjusted date of first employment, their accumulated sick bank entitlement, if applicable, and on the appropriate step on the salary schedule in effect for the employees at the time of layoff.
(b) A permanent layoff will be defined 10.8 Employees who receive new assignments as a result of a layoff that will exceed thirteen (13) weeks due to a reduction situation or are recalled must be qualified for the position. An employee is considered qualified if he/she meets the qualifications listed in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. posting used to fill the position.
10.9 In the event of a proposed layoff of permanent or long-term nature or an amalgamationorder to provide for recall, the Employer will:
i) Provide shall make transfers when necessary that do not result in reducing the Union with no less than thirty (30) working days’ notice of such layoff or amalgamationtransferred employee’s income.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff 10.10 Normal attrition may include voluntary leaves or amalgamation.
B) The service that the Employer will undertake after the voluntary layoff.
C) Method of implementation including the areas of cutback and the Nurses . If this section is to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept used, the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he Association President shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone notified and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified Association shall work out the specific procedures to perform the available work on the basis of her/his skill, ability, experience, qualification, training and educationbe followed.
(e) Employees subject to layoff 10.11 In all cases the official TESA/MEA/NEA seniority list dated March 1, 1982, shall be provided used. This list is on file with the Employer and the Association.
10.12 A secretary who is laid off and who is paid unemployment compensation benefits associated with his/her regular clerical assignment during the summer immediately following the layoff, and who is subsequently recalled to a minimum bargaining unit position by September fifteenth (15th) of four (4) weeks’ notice of layoff or such longer the following school year, will be paid his/her regular wage less the amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mailunemployment compensation. The seven (7) days period may total of unemployment compensation plus salary earned by employment in the District shall not be extended to fourteenbelow that which the employee would have received had she/he been employed the entire school year.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. (a) A In the event the University declares a need to layoff within the Bargaining Unit(s) the Director, Human Resources (Staff Relations) will normally provide the Union with no less than eight (8) weeks’ notice and shall meet with the Union to review the following:
i) the reasons causing the layoff;
ii) the implications of the layoff including the service which the clinic will undertake after the layoff;
iii) the method of implementation including the areas of cutback and the nurses to be laid off.
(b) It is agreed that a layoff of nurse(s) shall be defined on the basis of seniority provided that the nurse(s) who are entitled to remain on the basis of seniority are qualified to perform the available work. Subject to the foregoing, probationary nurse(s) shall be laid off first. Full-time and part-time layoff and recall rights shall be separate.
(c) Casual part-time nurses shall not be utilized while regular full-time or part-time nurses remain on layoff, unless the nurse(s) on layoff have refused the opportunity to work or are unavailable.
(d) Nurse(s) shall be recalled in the order of seniority provided that the nurse is qualified to perform the available work.
(e) An agreement between the University and the local Union resulting from the review as a reduction provided in 13.07 (a) above, concerning the method of implementation will take precedence over the terms of this Article. Notice of layoff to individual nurses shall be in accordance with the provisions of the number of employees in the bargaining unit. Employment Standards Act.
(f) No reduction or alteration in the hours of work shall take place to prevent or reduce the impact of layoffa layoff without the consent of the Union.
(bg) A permanent All regular full-time and part-time nurse(s) who are on layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction given job opportunities in the workload. Notice full-time and part-time categories before any new nurse is hired into either Bargaining Unit provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority they are qualified to perform the work available.
(a) Any nurse who permanently transfers to a position outside of the Bargaining Unit(s) connected with the University, shall be deemed to retain the seniority accrued from his/her start date within the Bargaining Unit(s) to the date they leave the Bargaining Unit for a period of up to one (1) year. Employees laid off After one (1) year, s/he will lose all seniority held at the time of transfer and may only be hired into a position in the Bargaining Unit(s) after the University has complied with the job postings and recall from layoff provisions of the Agreement. In such event, the returning nurse shall be given a specific geographic area seniority date as of the nurses' last date of entry into the Bargaining Unit(s) for the purposes of the job opportunity and layoff. The nurse shall have retain his/her first date of hire with the right to exercise University for the rights outlined calculation of salary, vacation and benefits listed in 10.12 Articles 19.
(b) on In the event that a site-wide basis.
nurse accepts a temporary secondment to a position outside of the Bargaining Unit for a period of up to one (d1) Nurses year, s/he shall be recalled in order of seniority, unless otherwise agreed between deemed to retain the Employer and seniority accrued from his/her start date within the Union, provided that senior Nurse is qualified Bargaining Unit to perform the available work on date they leave the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off Bargaining Unit. ONA dues deductions will be required suspended for the period of such secondment and seniority shall not accrue during this period. When the nurse returns to return to work within seven (7) days of receiving a notice of recall. Notice of recall the Bargaining Unit, dues deductions will be by Registered Mail. The seven (7) days period may be extended to fourteenresume and seniority accrual will recommence.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. 15.01 In the event of a proposed layoff of permanent or long-term nature or an amalgamationlayoff, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid lay off employees in the reverse order of bargaining unit seniority within the respective regular full-time and part-time employee groups, as applicable, provided that the Nurses who are entitled to remain on remaining employees have the basis of seniority are qualified skills, abilities and qualifications to perform the work available. Employees laid off in a specific geographic area work.
15.02 An employee who is subject to layoff shall have the right to exercise either:
(a) accept the rights outlined layoff; or
(i) If the employee is in 10.12 (b) on a sitepart-wide basistime position, displace an employee who has less bargaining unit seniority and who is the least senior employee in a part-time position if the employee subject to the layoff has the skills, abilities and qualifications to perform the duties of the position of the Employee who is being displaced without receiving any training. Any employee so displaced shall be laid off with no displacement rights.
(dii) Nurses If the employee is in a full-time position, displace an employee who has less bargaining unit seniority and who is the least senior employee in a full-time position if the employee subject to the layoff has the skills, abilities and qualifications to perform the duties of the position of the employee who is being displaced without receiving any training. Any employee so displaced shall be laid off with no displacement rights. In the event that a regular full-time employee in a position with a rate of pay that is lesser than the Part-Time Support Worker rate of pay is subject to layoff and there are no employees with lesser bargaining unit seniority in the regular full-time employee's position, that regular full-time employee may displace the employee with the least seniority in the Part-Time Support Worker classification, provided that the regular full- time employee:
(i) can perform the duties of a Part-Time Support Worker without receiving any training; and
(ii) has more seniority than the employee so displaced. The employee so displaced shall be laid off with no displacement rights.
15.03 An employee who has been laid off shall have recall rights into a position within the bargaining unit for the period of twelve (12) months commencing on the date of his or her layoff. Employees on layoff shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified the recalled employee has the skills, abilities and qualifications to perform the available work on of the basis position into which he or she is recalled. In determining whether an employee has the skills, abilities and qualifications to perform the work of her/his skillsuch a position, abilitythe Employer shall not act in an arbitrary, experience, qualification, training and educationdiscriminatory or bad faith manner. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed.
(e) Employees subject to layoff shall be provided with a minimum 15.04 It is the sole responsibility of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses an employee who have has been laid off will be required to notify the Employer of his or her intention to return to work within seven five (75) working days (not including Saturdays, Sundays, and the holidays listed in Article 24.01 of receiving the Collective Agreement) after being notified to do so by the Employer's recall notice, delivered by verifiable courier, addressed to the employee's last address on record with the Employer and to return to work within ten (10) working days after being notified. The Employer's recall notice shall state the position to which the employee is eligible to be recalled and the date and time at which the employee must report for work. The employee is solely responsible for ensuring that his or her current address is supplied to the Employer.
15.05 If an employee fails to:
(a) notify the Employer of his or her intention to return to work within the time period set out in Article 15.04; or
(b) fails to report to work as required by Article 15.04, he or she shall be deemed to have voluntarily resigned his or her employment and thereby exhausted any remaining recall rights under the Collective Agreement.
15.06 An employee recalled to work in a different position from which he or she was laid off shall have the privilege of returning to the position he or she held immediately prior to the layoff should there be a vacancy in that position within six (6) months of the employee's recall.
15.07 The Employer shall not hire any new employees, except to staff temporary positions, until all employees on layoff have exhausted their recall rights. An employee on layoff shall be given preference for any temporary positions which are posted within the period of twelve (12) months commencing on the date of his or her layoff. An employee may elect to accept the temporary position or remain on layoff. If the employee accepts the temporary position, he or she retains his recall rights for the same twelve (12) month period referenced in Article 15.03.
15.08 In the event that an employee's date of layoff is on the calendar day immediately following a holiday listed in Article 24.01 of the Collective Agreement, he or she shall not be disentitled to holiday pay for that holiday solely because of the layoff's commencement.
15.09 No regular full-time employee within the bargaining unit shall be laid off because his or her duties have been assigned to one or more part-time employees.
15.10 The Employer shall provide a written notice of recalllayoff to each affected employee, with a copy to the Union at least forty-five (45) calendar days prior to the layoff's commencement.
15.11 In the event of a layoff of a full-time employee, the Employer shall pay its share of insured benefits premiums up to three (3) months from the end of the month in which the layoff occurs or, until the laid off employee is employed elsewhere, whichever occurs first. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenIt is understood that an employee on layoff does not remain enrolled in or eligible for benefits under the Long Term Disability Plan during his or her layoff.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. 11.01 In the event of a proposed layoff by the Hospital of a permanent or long-long term nature or an amalgamationaffecting full-time and/or regular part-time Employees, the Employer Hospital will:
i(a) Provide provide the Union Institute with no less than thirty four months (304) working days’ notice of such layoff or amalgamation.and;
ii(b) Meet meet with the Union Institute to review the following:
A(i) The the reasons causing the layoff or amalgamation.layoff;
B(ii) The service that the Employer service, which the Hospital will undertake after the layoff.;
C(iii) Method the method of implementation including the areas of cutback and the Nurses Employees to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a proposed layoff within by the Hospital which is not of a specific geographic areapermanent or long term nature or a cutback in service which will result in displacement of regular full-time or regular part-time staff, the affected Nurse(s) in that area Hospital will provide the Institute with no less than 30 calendar days notice. Notice shall not be laid off required in the reverse order case of seniority a cancellation of all or part of a single scheduled shift, provided that Article 17.05 has been complied with, or in the Nurses who are entitled to remain on case of a work disruption. In the basis case of seniority are qualified to perform the a work disruption Employees may utilize their accrued vacation and lieu time, if available. If requested, the Hospital will meet with the Institute to review the reasons and expected duration of the cutback in service, realignments of service or staff and its effect on Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basisbargaining unit.
(d) Nurses Notice of layoff to Employees shall be recalled in order accordance with the provisions of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(fe) Nurses Any agreement between the Hospital and the Institute resulting from the review above concerning the method of implementation will take precedence over the terms of this Article.
(a) In the event of layoff the Hospital shall layoff Employees in the reverse order of their seniority within their classification, providing that there remain on the job Employees who then have the ability and are qualified to perform the work.
(b) An Employee who is subject to layoff of a permanent or long-term nature shall have the right:
(i) to accept the layoff, or
(ii) displace an Employee who has lesser bargaining-unit seniority and who is the least senior Employee in a lower or identical-paying classification in the bargaining unit if the Employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation. Such Employee so displaced shall then become the subject of this layoff provision.
(c) All permanent and temporary vacancies as specified under Article 13 shall be posted in accordance with the relevant provisions of Article 13 prior to any Employee who is on layoff being recalled to such available openings.
(d) Employees who have been laid off will may apply for such posted vacancies. All candidates who apply shall be considered for such vacancies in accordance with the criteria set out under Article 13.03.
(e) Where there has been no successful applicant to the posted vacancy, an Employee who has been previously laid off shall have the opportunity of recall from a layoff to an available opening, in order of seniority, provided she has the ability to perform the work. Notwithstanding this provision, upon mutual agreement between the Hospital and the Institute, the requirements to post such available vacancies may be waived or such other arrangement as may be agreed upon shall apply.
11.03 Prior to the layoff of any full-time or regular part-time Employee as provided above, the working hours of the casual, temporary and probationary Employees in the classification affected shall be reduced first.
11.04 Employees on layoff or notice of layoff shall be given preference for temporary vacancies, which are expected to exceed sixty (60) working days, but are expected to be of less than six (6) months in duration. An Employee who has been recalled to such temporary vacancy shall not be required to return to work within seven (7) days of receiving a notice of recallaccept such recall and may instead remain on layoff. Notice The period worked in filling such temporary recall vacancies shall not impact upon the original period of recall will rights as provided under 10.05 (d).
11.05 Full-time Employees who have been recalled to a temporary position as provided under 11.04 shall be by Registered Mail. The seven (7) days period may considered as a part-time Employee while filling such a temporary position and as such shall be extended eligible to fourteenreceive the percentage in lieu of benefits payment as provided under Article
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. (a) A layoff of employees shall be defined as a reduction made on the basis of seniority, based on an integrated seniority list of all hours paid since date of last hire. Subject to the following provisions in b), it is understood and agreed that through the bumping procedure the first to be laid off are probationary employees followed by non-regularly scheduled part-time employees. No agency or new hires will be used when there is an employee on layoff provided that the employees on layoff will meet the staffing requirements of the number Home. An employee will not be laid off out of employees in seniority order if her lack of qualification for a junior employee’s shift can be remedied by a one (1) day orientation to that shift. An employee will not be denied recall to a shift if her lack of qualification for the bargaining unit. No reduction in the hours of work shall take place recall opportunity can be remedied by a one (1) day orientation to prevent or reduce the impact of layoffthat shift.
(b) A permanent An employee who is subject to layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in shall have the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer willright to:
i) Provide Accept the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.layoff; or
ii) Meet with the Union Opt to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.retire, if eligible; or
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position (as defined in the *Note below) within the bargaining unit, provided that she/he or he she is qualified to perform the available work., without training other than orientation as provided for in 9.10 (a) above; or
Div) Displace a Nurse another employee in the bargaining unit who has lesser bargaining unit seniority and whose work the Nurse employee subject to layoff is qualified to performperform without training other than orientation as provided for in 9.10 (a) above; [*Note: Consistent with Article 9.06 (e), job posting requirements apply prior to the exercise of this transfer option for employees, in receipt of layoff notices. The Employer will provide Accordingly, a familiarization period vacant position within the meaning of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean is a position for which the job posting process has been completed and there is no successful applicant has been appointed.
vfor the position]. The decision of the employee(s) When an employee accepts a long-term layoff, she/he who receive(s) the initial notification of layoff to choose (i) or (ii) or (iii) or (iv) above shall be entitled given to receive severance pay the Administrator in accordance with writing within seven (7) calendar days following the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take notification of the layoff, . Any employee who receives subsequent notification of layoff shall give her decision to the Nurse may Administrator in writing within four (4) calendar days thereafter. Employees failing to do so will be deemed to have disqualified her/himself from Employment Insurance payments according to their rulesaccepted the layoff.
(c) In The Employer and Union will meet and discuss the event of a layoff within a specific geographic area, layoffs at the affected Nurse(s) in that area shall be laid off in earliest opportunity. This discussion will include the reverse order of seniority provided that service which the Nurses who are entitled to remain on Home will undertake after the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basislayoff.
(d) Nurses shall Consistent with the opportunity to chain bump, all employees who may be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall potentially impacted will be provided with a minimum of four (4) weeks’ given notice of potential layoff or such longer amount at the outset of time as provided by the Employment Standards Actprocess.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. 14.01 In the event of a proposed layoff by the Employer of a permanent or long-long term nature or an amalgamationaffecting full-time and/or regular part-time employees, the Employer will:
i(a) Provide the Union with no less than thirty ninety (3090) working days’ calendar days notice of such layoff or amalgamation.and;
ii(b) Meet with the Union to review the following:
A(c) The the reasons causing the layoff or amalgamation.layoff;
B(d) The the service that which the Employer will undertake after the layoff.;
C(e) Method the method of implementation including the areas of cutback and the Nurses employees to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified . In the event of a proposed layoff by the Employer which is not of a permanent or long term nature or a cutback in service which will result in displacement of regular full-time or regular part-time staff, the Employer will provide the Union with no less than 30 calendar days notice. Notice shall not be required in the case of a cancellation of all or part of a single scheduled shift, provided that Article 18.06 has been complied with, or in the case of an unplanned work disruption. In the case of a work disruption employees may utilize their accrued vacation and lieu time, if available. If requested, the Employer will meet with the Union to review the reasons and expected duration of the cutback in service, realignments of service or staff and its effect on Employees in the bargaining unit. Notice of layoff may:
A) Accept to Employees shall be in accordance with the layoff.
B) Opt to retire if eligible under provisions of the Employment Standards Act, 2000. Any agreement between the Employer and the Union resulting from the review above concerning the method of implementation will take precedence over the terms of the pension planthis Article.
C(a) Elect to transfer to a vacant position provided In the event of lay off the Employer shall lay off Employees in the reverse order of their seniority within their classification, providing that she/he or he is there remain on the job employees who then have the ability and are qualified to perform the available work.
D(b) Displace An Employee who is subject to layoff of a Nurse permanent or long-term nature shall have the right:
(i) to accept the layoff, or
(ii) displace an Employee who has lesser bargaining bargaining-unit seniority and whose work who is the Nurse least senior employee in a lower or identical-paying classification in the bargaining unit if the Employee originally subject to layoff is qualified to performcan perform the duties of the lower or identical classification without training other than orientation. The Employer will provide a familiarization period Such employee so displaced shall then become the subject of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their ruleslayoff provision.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area All permanent and temporary vacancies as specified under Article 13 shall be laid off posted in accordance with the reverse order relevant provisions of seniority provided that the Nurses Article 13 prior to any Employee who are entitled is on layoff being recalled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basissuch available openings.
(d) Nurses Employees who have been laid off may apply for such posted vacancies. All candidates who apply shall be recalled considered for such vacancies in accordance with the criteria set out under Article 13.01 (c).
(e) Where there has been no successful applicant to the posted vacancy, an employee who has been previously laid off shall have the opportunity of recall from a layoff to an available opening, in order of seniority, unless otherwise agreed provided he has the ability to perform the work. Notwithstanding this provision, upon mutual agreement between the Employer and the Union, provided that senior Nurse is qualified the requirements to perform the post such available work on the basis of her/his skill, ability, experience, qualification, training and educationvacancies may be waived or such other arrangement as may be agreed upon shall apply.
(e) 14.03 Prior to the layoff of any full-time or regular part-time employee as provided above, the working hours of the casual, temporary and probationary employees in the classification affected shall be reduced first.
14.04 Employees subject to on layoff or notice of layoff shall be provided with a minimum given preference for temporary vacancies which are expected to exceed sixty (60) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. The period worked in filling such temporary recall vacancies shall not impact upon the original period of four (4) weeks’ notice of layoff or such longer amount of time recall rights as provided by the Employment Standards Actunder 12.04(d).
(f) Nurses 14.05 Full-time employees who have been laid off will recalled to a temporary position as provided under
14.04 shall be required considered as a part-time employee while filling such a temporary position and as such shall be eligible to return to work within seven (7) days receive the percentage in lieu of receiving a notice benefits payment as provided under Article 21.05 during their period of recall. Notice temporary recall provided that the employee is not in receipt of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenany Employer subsidized benefits.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. 13.01 The layoff of regular full-time and regular part-time nurses shall remain separate. The Employer reserves the right to layoff either regular full-time or regular part- time in accordance with the provisions of this Article.
(a) A In the event of a proposed layoff the Employer shall:
i) provide the Union with no less than forty five (45) calendar days’ notice of such action for an indefinite layoff and sixty (60) calendar days of notice for a permanent layoff. Layoff notice may be given to a nurse at any time during or following the above noted notice periods, providing such notice is in compliance with Employment Standards.
ii) meet with the Union to review the following:
1. the reasons causing the layoff,
2. the service which the Employer will undertake after the layoff,
3. the method of implementation, including the areas of cutbacks, and the nurses affected by such actions.
(b) Following notice to the Union pursuant to Article 13.02 (a), but prior to issuing notice of layoff to nurses, the Employer shall make offers of early retirement allowance in accordance with the following conditions:
i) The Employer shall make offers in descending order of seniority in the sections where layoffs would otherwise occur. Further, these offers shall be defined made to nurses in same classification and status as a reduction those who would otherwise be given notice of layoff.
ii) The Employer shall make offers to nurses eligible for retirement under the Employer pension plan (including regular part-time, if applicable, whether or not they participate in the Employer pension plan). A nurse who accepts such an offer shall be approved for early retirement by the Employer, operations, subject to operations being maintained to the Employer’s satisfaction.
iii) The number of early retirements the Employer approves shall not exceed the number of employees nurses who would otherwise be laid off. A nurse may not revoke her acceptance of an offer of early retirement once she is approved by the Employer.
iv) A nurse approved for an early retirement option shall receive, following completion of the last day of work, a retirement allowance of two (2) weeks’ salary for each consecutive year of service, to a maximum of fifty-two (52) weeks’ salary. Such allowance shall be pro-rated in the bargaining unitcase of regular part-time nurses.
i) In the event of a layoff, nurses shall be laid off in the reverse order of seniority, provided that the nurses who remain are willing and qualified to perform the remaining available work.
ii) A nurse who is laid off may opt to either accept the layoff, or retire (if eligible under the rules of the Canadian Blood Services Pension Plan), or displace the nurse who has the least seniority and whose work the nurse is qualified to perform.
iii) A nurse who is permanently laid off shall be entitled to a severance allowance of two (2) weeks’ salary for each year of service, to a maximum of fifty-two (52) weeks’ salary. Temporary nurses shall be terminated before regular full-time or regular part-time nurses are laid off subject to such nurse being willing and qualified to perform the work.
(d) Nurses shall be recalled in the order of their seniority provided that they are willing and able to perform the available work.
(e) No new nurses will be hired when there is a nurse(s), either regular full-time or regular part-time, on layoff who is qualified, willing and able to perform the available work.
(f) No permanent reduction in the hours of work shall take place to prevent or reduce the impact of layoffa layoff without the consent of the Union.
(b) A permanent layoff will be defined as 13.03 Where a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or longregular part-term nature or an amalgamation, the Employer will:
i) Provide the Union time nurse’s shift is cancelled with no less more than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirtytwenty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenfour
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. (a) A In the event of layoff, the Employer shall layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in reverse order of their seniority, providing that there remain on the hours of work shall take place job employees who then have the ability to prevent or reduce perform the impact of layoffwork.
(b) A permanent An employee who is subject to layoff will be defined as shall have the right to either:
(i) accept the layoff, or
(ii) displace an employee who has lesser bargaining-unit seniority and who is the least senior employee in a layoff that will exceed thirteen (13) weeks due to a reduction lower or identical paying classification in the workloadbargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation. Notice provided Such employee so displaced shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
(iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms The decision of the pension plan.
Cemployee to choose (i) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D(ii) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he above shall be entitled given in writing to receive severance pay in accordance with the Employment Standards Act.
videsignated Employer representative within ten (10) If working days (excluding Saturday, Sunday and Holidays) following the Nurse has the seniority notification of lay-off. Employees failing to bump someone and chooses instead do so will be deemed to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rulesaccepted lay-off.
(c) In the event An employee shall have opportunity of recall from a layoff within to an available opening, in order of seniority, provided he has the ability to perform the work before such opening is filled on a specific geographic arearegular basis under a job posting procedure in the collective agreement shall not apply until the recall process has been completed.
(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the affected Nurse(sEmployer shall not act in an arbitrary or unfair manner.
(e) An employee recalled to work in that area a different paramedic classification from which he was laid off shall have the privilege of returning to the position he held prior to the layoff should it become vacant within six (6) months of being recalled.
(f) No new employee shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the reverse order loss of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified provision, or have been found unable to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(dg) Nurses shall be recalled in order It is the sole responsibility of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses employee who have has been laid off will be required to notify the Employer of his intention to return to work within seven five (75) working days (exclusive of receiving a Saturdays, Sundays and paid holidays) 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) working days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Employer.
(h) Employees on layoff or notice of recalllayoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. Notice An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff.
(i) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part- time employee.
(j) In the event that a layoff commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the layoff commenced.
(k) A laid-off employee shall retain the rights of recall will be by Registered Mail. The seven for a period of twenty-four (724) days period may be extended to fourteenmonths from the date of layoff.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. Where there is a reduction in the workload, a cutback in services, or a bed cutback which will result in the displacement of a nurse from her or his area of assignment or layoff of nurses of a temporary, long-term or permanent nature, the following will apply:
(a) A layoff shall be defined Sunbeam will provide the Union with as a reduction of the number of employees much notice as is practical in the bargaining unit. No reduction in the hours of work shall take place circumstances for all temporary lay-offs anticipated to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed less than thirteen (13) weeks due to a reduction in the workloadduration. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide Sunbeam will provide the Union with no less than thirty (30) working calendar days’ notice for all temporary layoffs anticipated to exceed thirteen (13) weeks duration, but less than six (6) months duration. In the event of such a long term (in excess of six months duration) or permanent layoff, Sunbeam will provide the Union and the nurse with no less than 90 days’ notice. In all cases of layoff or amalgamationthe notice period to the Union is not in addition to required notice periods for individual nurses.
ii(b) Meet Sunbeam will meet with the Union to review the following:
Ai) The the reasons causing the layoff or amalgamation.layoff;
Bii) The the service that the Employer which Sunbeam will undertake after the layoff and the expected duration of the layoff.;
Ciii) Method the method of implementation including the areas of cutback cut-back and the Nurses nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.; and
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay effect on nurses in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rulesBargaining Unit.
(c) In Any agreement between Sunbeam and the event Union concerning the method of implementation of a layoff within shall take precedence over the terms of this article. The unavailability of a specific geographic area, representative of the affected Nurse(s) in that area Union shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basisnot delay any meeting regarding layoffs or staff reductions.
(d) Nurses shall be recalled Where a permanent vacancy occurs in order a position following a layoff hereunder as a result of senioritywhich a nurse has been transferred to another position or laid off, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off affected nurse will be required offered the opportunity to return to work the nurses former position of either full-time or part-time, whichever category she or he was laid off from, providing such vacancy occurs within seven six (76) days months of receiving a notice the date of recalllayoff. Notice of recall will Where the nurse returns to her or his former position there shall be by Registered Mail. The seven (7) days period may be extended no obligation to fourteenconsider the vacancy under Article 13.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of A. In the event it becomes necessary to reduce the number of employees in a job classification, the bargaining unit. No following procedures shall govern such layoff and/or subsequent reinstatement.
B. The number of people affected by reduction in force shall be kept to a minimum by not employing replacements, insofar as practical, of employees who resign, retire, or otherwise vacate a position. Any reduction in regularly assigned time shall be considered a layoff under the hours of work shall take place to prevent or reduce the impact of layoffprovisions in this Article.
(b) A permanent C. When it becomes necessary to layoff will employees for reasons as stated above, affected employees shall be laid off according to seniority within the classification, with the least senior employee laid off first. Seniority shall be defined as the uninterrupted length of continuous service with the Board of Education in a layoff that will exceed thirteen (13) weeks due to a reduction particular job classification computed from the latest date of hire or appointment in the workloadhis/her present classification. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working noticeAuthorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, the Administration and the Association shall meet to determine a fair and equitable means of deciding which employees shall be laid off first.
D. An employee laid off in one classification shall be able to bump into another job classification in which he/she has worked and is qualified, provided the employee exercising bumping rights has greater seniority in the classification than another employee working in the classification.
E. The following classifications shall be used for the purpose of defining classification seniority in the event of a proposed layoff layoff:
1. Paraprofessional
2. Bus Driver
3. Cafeteria Employees
4. Custodian
5. Maintenance
6. Mechanic
7. Secretarial and Clerical
F. Prior to the effective date of permanent or long-term nature or an amalgamationlayoffs, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ Board of Education shall prepare and post for inspection in a conspicuous place a list containing names, seniority dates, and classifications and indicate which employees are to be laid off. Each employee to be laid off shall also be given advance notice of such layoff. Each notice of layoff or amalgamation.
ii) Meet with the Union to review shall state the following:
A1. Reason(s) The reasons causing for the layoff or amalgamation.reduction;
B) 2. The service that effective date of layoff; and
3. A statement advising the Employer will undertake after employee of his/her rights of reinstatement from the layoff.
C) Method of implementation including G. For the areas of cutback classifications in which the layoffs occur, the Board shall prepare a reinstatement list and the Nurses to names of all employees employed under probationary contracts shall be laid offplaced on the reinstatement list in the reverse order of layoff. The names of all employed under the continuing contract status of employment shall be placed on a separate reinstatement list in reverse order of layoff. Reinstatement shall be made from this list before any new employees are hired in that classification or any employee is reinstated from the probationary list.
D) H. Vacancies, which occur in the classification of layoff shall be offered to and declined in writing by the employees standing highest on the layoff list before the next person on the list may be considered. Any other alternativesemployee who declines reinstatement shall be removed from the reinstatement name list.
iiiI. The employee’s name shall remain on the appropriate list for a period of two (2) A Nurse who has been notified years from the effective date of layoff. If reinstated from layoff during this period, such employee shall retain all previous accumulated seniority and a permanent notice of reinstatement shall be made by certified mail. While the board agrees that there is no intention to reduce staff or layoff may:
A) Accept personnel for the layoff.
B) Opt to retire if eligible sole purpose of subcontracting bargaining unit classifications, should a reduction in force or layoff be required, it would be under the terms of the pension plan.
C) Elect to transfer to reduction in force agreement. Short term contracting may occur during a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to classification layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work availablean emergency. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will shall be required to return to work within seven (7) days of receiving a notice of recalleligible for employment under this section. Notice of Such employment shall not affect any recall will be by Registered Mail. The seven (7) days period may be extended to fourteenrights.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. (a) A layoff shall be defined as Where there is a reduction of the number of employees in the bargaining unit. No reduction in the hours workload resulting in a surplus of work Nurses, the Employer shall take place lay off Nurses in reverse order of bargaining unit seniority provided the Nurses remaining are qualified and able to prevent or reduce perform the impact of layoffavailable work. Subject to the above, probationary Nurses shall be first laid off.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of a permanent or long-term nature or an amalgamationnature, the Employer will:
(i) Provide any Nurse affected by such a layoff with notice, or payment in lieu thereof, in accordance with the Employment Standards Act;
(ii) Provide the Union with no less than thirty (30) working days’ calendar days notice of such layoff or amalgamation.layoff, and
ii(iii) Meet with the Union to review the following:
A) The the reasons causing the layoff or amalgamation.layoff;
B) The the service that which the Employer will undertake after the layoff.;
C) Method method of implementation implementation, including the areas of cutback cutback, and the Nurses to be laid off.; and
D) Any any other alternatives.
(c) Any agreement between the parties regarding amendments to the contract over the layoff process shall be reduced to writing and signed by both parties.
(d) In the event of a temporary layoff, as defined in the Employment Standards Act, the Employer will endeavour to provide the Union with at least thirty (30) days notice, and a meeting will be held between the parties to discuss the reasons for the layoff.
(e) A Nurse who has been notified of a temporary layoff may:
i) Accept the layoff; or
ii) Elect to transfer to a vacant position, provided she is qualified and able to perform the available work; or
iii) Displace the least senior Nurse in the bargaining unit whose work she is qualified and able to perform.
(f) A Nurse who has been notified of a permanent layoff may:
Ai) Accept the layoff.; or
Bii) Opt to retire if eligible under the terms of the pension plan.VON Pension Plan; or
Ciii) Elect to transfer to a vacant position provided that she/he or he she is qualified and able to perform the available work; or
iv) Displace the least senior Nurse in any status (i.e., full time, part-time) who has lessor bargaining unit seniority, provided she is qualified and can perform the duties of the Nurse she displaces.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
ivg) In this Article, a “"vacant position” " shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v(h) When an employee accepts a long-term layoff, she/he shall No new Nurse will be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the hired until all Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have retain the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required given an opportunity to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenwork.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. 28.01 It is the exclusive right of the Employer to:
(a) A layoff shall be defined as a reduction of establish, and vary from time to time the job classifications and the number of employees Employees if any, to be employed in any classification, or in any work place of the Centre; and
(b) assign to other classifications any, or all, of the duties normally performed by classifications of this bargaining unitunit when Employees from within this bargaining unit are not available.
(a) The Parties recognize the value of meeting prior to a layoff process occurring. No reduction in The purpose of this meeting is to discuss the hours process of work shall how layoffs will take place place, review the current seniority list and discuss other relevant factors the Parties agree upon. The Parties will also discuss the process to prevent or reduce the impact be followed for Employees on approved leave of layoffabsence, WCB benefits.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks When, in the opinion of the Employer, it becomes necessary to displace an Employee, due to a reduction of the work force, or wholly or partly discontinue an undertaking, activity or service, or reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event regularly scheduled hours of work of a proposed layoff of permanent or long-term nature or an amalgamationregular Employee, the Employer will:
i) Provide will notify the Union with no Employee not less than thirty fourteen (3014) working calendar days prior to the date of layoff, except that the fourteen (14) calendar days’ notice shall not apply where layoff results from an act of such layoff God, fire, flood or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined stoppage by the Employer.
iv) In Employees not covered by this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rulesCollective Agreement.
(c) In Where the event layoff results from an act of a layoff within a specific geographic areaGod, fire or flood, the affected Nurse(snot less than fourteen (14) calendar days’ notice is not required but up to two (2) weeks’ pay in that area lieu thereof based on regularly scheduled hours worked during this period shall be laid off in the reverse order of seniority provided that the Nurses who are entitled paid to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basisaffected Employees.
(d) Nurses shall be recalled To assist the Employee in order indicating their preference of seniorityalternate positions, unless otherwise agreed between the Employer Employee will have access to seniority lists, shift schedules, and a list of positions available prior to the Union, provided that senior Nurse is qualified to perform consultation with the available work on the basis of her/his skill, ability, experience, qualification, training and educationEmployer.
(e) Employees subject to layoff shall A consultation meeting will be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided arranged by the Employment Standards ActEmployer between the Employee, the Employer representative(s) and the Union representative(s). The consultation process will not be unreasonably delayed as a result of the unavailability of the Union representative.
(f) Nurses who have been laid off will be required The Employee, through consultation with the Employer, shall indicate a preference of positions by selecting a position in the same classification and FTE or less, which is vacant first, then by selecting to return to work displace the Employee with the least seniority in the same classification and FTE or less. Following consultation with the Employee, the Employer may place her in a position within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenthe same classification and FTE.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. (a) 1. A layoff shall be defined as only result from a reduction lack of work, lack of funds, or job abolishment.
2. When the employer determines that a layoff or job abolishment is necessary, the employer shall furnish the Union written notice of the number name(s), seniority, classification(s) and current assignment location of employee(s) holding positions scheduled to be vacated. The employer shall notify the least senior employee within that classification twenty (20) working days in advance of the effective date of layoff or job abolishment. Employees will be notified of the employer’s decision to implement any layoff as soon as possible. The Union agrees to notify employer within fifteen (15) working days of layoff notice of the status of all employees within that classification.
3. The employer shall determine in which classification(s) and which program area(s) layoffs will occur. Within each classification affected, employees will be laid off in accordance with their seniority based on full-time hire date with the Board.
A. If one (1) or more employee(s) in the bargaining unit. No reduction in affected classification(s) desires to be placed on voluntary layoff regardless of their agency seniority status, layoff shall be granted under the hours of work following conditions:
(i) The volunteer with the most agency seniority shall take place to prevent or reduce the impact of layoffbe laid off first.
(bii) A permanent Employee(s) who are placed on voluntary layoff will may not displace employees in any other classification.
(iii) Employee(s) who are placed on voluntary layoff may only be defined as a layoff that will exceed thirteen (13) weeks due recalled to a reduction vacancies which occur in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be classification from which they were laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When If an employee accepts a long-term layoffvolunteers to accept the layoff status, shehe/he shall she will be entitled to receive severance pay in accordance with the Employment Standards Actbenefits, providing Job and Family Services criteria are met.
vi4. Employees who are laid off shall be placed on a recall list for a period of five (5) If years. An employee will no longer be considered as being “on the Nurse has recall list” if
a) the seniority employee does not accept a recall as provided in paragraph 6 below,
b) the employee fails to bump someone and chooses instead to take provide the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.employer with a current mailing address or phone number,
(c) In the event employee informs the employer in writing of his or her desire to be removed from the recall list, or
d) the employee is receiving PERS Disability benefits or is deceased. Employees who are still on the recall list shall be recalled in the inverse order of their layoff. No new employees will be hired by the employer into a classification(s) affected by a layoff within while there are employees on the recall list for that classification(s). An employee who is on a specific geographic area, the affected Nurse(s) in that area recall list shall be laid off in the reverse order of seniority given first consideration for vacancies that occur, provided that the Nurses who are entitled to remain on the basis of seniority they are qualified to perform the work availablework. Employees laid It is the obligation of the laid-off in employee to notify the Board if there is a specific geographic area shall have the right change of address or phone number if they want to exercise the rights outlined in 10.12 (b) on a site-wide basismaintain recall status.
(d) Nurses 5. Notice of recall from a layoff shall be recalled in order of seniority, unless otherwise agreed between sent to the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall employee by restricted return receipt mail. The Union Chairperson will be provided with a minimum copy of four (4) weeks’ the notice of layoff or such longer amount of time as recall. The employer shall be deemed to have fulfilled its obligations by mailing the recall notice by restricted mail, return receipt requested, to the last mailing address provided by the Employment Standards Actemployee.
6. In the case of a recall, the recalled employee shall have ten (f10) Nurses who have been laid off will be required working days following the receipt or attempted delivery of the recall notice to notify the employer of his/her intention to return to work within seven and shall have fifteen (715) working days form the receipt or attempted delivery, of receiving the recall notice in which to report for duty, unless a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended different date for returning to fourteenwork is agreed upon.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. (a) 11.01 A layoff shall be is defined as a reduction of the number of employees in the bargaining unit. No reduction in the regular hours of work shall take place to prevent in a position or reduce the impact elimination by the Employer of layoffone or more bargaining unit positions.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. 11.02 In the event of a proposed pending layoff of a permanent or long-term nature or an amalgamationnature, the Employer willshall:
i(a) Provide the Union with no less than thirty ([30) working ] days’ notice in advance of such layoff or amalgamation.notice to the employees;
ii(b) Meet with the Union to review the following:
A(i) The reasons causing the layoff or amalgamation.layoff;
B(ii) The service that which the Employer will undertake after the layoff.;
C(iii) Method The method of implementation implementation, including the areas of cutback and the Nurses employees to be laid off;
(iv) Methods of reducing the impact of the layoff, which may include re-deployment and/or reducing hours rather than laying off employees. Any such methods require the agreement of the Union. Where the Employer can demonstrate that a reduction in hours, or some other alternative to layoff [except alternatives involving reductions in compensation] is in the best interests of the HNHB LHIN clients, agreement on the alternatives will not be unreasonably withheld. It is understood that permanent or long-term nature means a layoff which will be longer than thirteen [13] weeks.
D) Any other alternatives11.03 A layoff of full-time or regular part-time A employees shall be made on the basis of seniority initially within the classification and Branch, status [full time or regular part time], and current hours of work. It is understood that prior to the laying off of any full-time or regular part-time A employees, temporary employees in the classification and Branch where the layoff is going to occur will not be laid off but will be released first, followed by the release of probationary employees in the classification and Branch where the layoff of full-time or regular part-time A employees is going to occur. It is understood that Regular Part-time B and casual employees shall remain in the part-time employee pool and do not have any bumping rights.
iii) 11.04 The Employer shall provide notice of indefinite layoff as required by the Employment Standards Act or pay in lieu of such notice, or a combination of both, to an affected Employee. A Nurse copy of the notice of layoff will also be provided to the Bargaining Unit President.
11.05 An employee who has been notified of a permanent received layoff maynotice shall have the following options available:
A(i) Accept the layoff.To exercise their right to bump as outlined in Article 11.06;
B(ii) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer To post to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed, provided the employee has the necessary qualifications and ability to do the work without training, other than orientation up to ten (10) days;
(iii) To accept the layoff;
(iv) To opt to retire;
(v) To accept redeployment.
v(a) When an employee accepts a long-term layoffelects to exercise their seniority rights, she/he they shall be entitled bump the least senior employee of the same status, current hours of assignment and classification within the same Branch provided such employee has the necessary qualifications and ability to receive severance pay in accordance do the work without training, up to ten [10] days orientation.
(b) If there are no less senior employees with the Employment Standards Act.
vi) If laid off employee’s current hours of assignment, the Nurse following provisions apply: When an employee elects to exercise their seniority rights, they shall bump the least senior employee of the same status, and classification within the same Branch provided such employee has the seniority necessary qualifications and ability to bump someone and chooses instead do the work without training, up to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rulesten [10] days.
(c) In Employees who are unable to bump the event least senior employee of a the same status within the same or lower classification and Branch shall bump the least senior of either status, in the same or different classification, in the same or different Branch, provided such employee has the necessary qualifications and ability to do the work without training, up to ten [10] days
11.07 Employees will inform the Employer of their decision to bump or accept the layoff within five (5) working days of;
(i) The Employer providing to the Union the information contemplated by Article 11.02; or,
(ii) The receipt by the employee of their notice of layoff, whichever is later.
11.08 A laid off employee shall have recall rights and shall continue to retain seniority for a specific geographic areaperiod of twenty-four [24] months. After this period has elapsed, the affected Nurse(s) in that area they shall be deemed to have been terminated as per Article 9.07.
11.09 Full time and regular part time A laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the employees may accept part-time work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between from the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice during their period of layoff or such longer amount of without prejudicing their rights under this Article [but it shall not affect the time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenunder Article
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. (a) A A. In the event the Board determines that bargaining unit positions are to be reduced or eliminated and the employment of teachers in the bargaining unit will be accordingly reduced, the following layoff procedure shall be followed:
1. The Board shall consider a teacher's request for voluntary layoff at the time of any layoff. If the teacher's request is approved by the Board, the teacher electing voluntary layoff will be laid off first. Teachers on voluntary layoff shall be defined treated as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of if on involuntary layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload2. Notice provided Probationary teachers shall be per Employment Standards Act (ESA)laid off first, provided the probationary teacher's position has been eliminated or there is a tenured teacher available who is certified and qualified to assume all of the duties of the position to which the probationary teacher would otherwise have been assigned. The first eight weeks shall For the purposes of this provision "available" means:
1. A more senior tenured teacher who would otherwise be considered working noticelaid off is certified and qualified to assume all of the duties of the position to which the probationary or least senior tenured teacher would have been assigned.
2. In A more senior tenured teacher, whose reassignment to the event position would open the position to which he/she would have otherwise been assigned for the retention of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to more senior tenured teacher who would otherwise be laid off, provided the teachers involved are certified and qualified to assume all of the duties of the respective positions.
D) Any other alternatives.
iii) A Nurse who has been notified 3. Should further reduction of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hoursteaching personnel be necessary, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area then tenured teachers shall be laid off in the reverse order of seniority provided that the Nurses teacher's position has been eliminated or there is a more senior tenured teacher available, who are entitled to remain on the basis of seniority are is certified and qualified to perform all of the work duties of the position to which the least senior teacher would otherwise have been assigned. For the purposes of this provision "available" means:
1. Employees A more senior tenured teacher who would otherwise be laid off is certified and qualified to assume all of the duties of the position to which the probationary or least senior tenured teacher would have been assigned.
2. A more senior tenured teacher, whose reassignment to the position would open the position to which he/she would have otherwise been assigned for the retention of a more senior tenured teacher who would otherwise be laid off, provided the teachers involved are certified and qualified to assume all of the duties of the respective positions.
4. In determining which teacher to retain in a specific geographic area position when two (2) or more teachers are certified and qualified for retention in the same position and have equal seniority as defined above, the teacher who has no other available assignment will be retained in the position. If there are two or more such teachers who have no other available position for retention, the teacher determined to be the best qualified for the position will be retained. In making the decision of best qualified, the Superintendent or his/her designee shall consider the recency, extent and nature of the teachers' credentials, academic preparation, training, teaching experience and other relevant factors.
B. As used in this Article, the following terms shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenfollowing meanings:
Appears in 2 contracts
Samples: Professional Negotiation Agreement, Professional Negotiation Agreement
Layoff and Recall. (a) A layoff shall be defined as In the case of a reduction of the number of employees in the bargaining unit. No reduction in the work force, the Employer will notify Employees who are to be laid off twenty eight (28) calendar days prior to the layoff, and shall forward to the Union a copy of the notice of layoff forthwith, except that the twenty eight (28) calendar days’ notice shall not apply where layoff results from an act of God, fire, flood or a work stoppage by Employees not covered by this Collective Agreement. If the Employee laid off has not been provided the opportunity to work her regular scheduled hours of work shall take place to prevent or reduce during the impact twenty eight (28) calendar days after notice of layoff, the Employee shall be paid in lieu of such work for that portion of the twenty eight (28) calendar days during which work was not made available. Where the layoff results from an act of God, fire or flood, the affected Employees shall receive pay for the days when work was not available up to a maximum of four (4) weeks pay in lieu of notice.
(b) A permanent layoff Should the Employer introduce technology change and if such change will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction result in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamationEmployee in the bargaining unit, the Employer will:
i) Provide will notify the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet as far in advance as possible and meet with the Union prior to review implementing such lay off. Such meeting shall take place within 20 working days from the following:
A) The reasons causing date of notice by the layoff or amalgamationEmployer to the Union. Following the 20 day period lay off shall be implemented in accordance with Article 15.01(a).
B(c) The service that Should a permanent Employee be laid off, the Employer will undertake after meet with the layoffUnion prior to implementing such lay-offs to discuss Union concerns.
C(a) Method Subject to the provisions of implementation including Article 15.02(b), layoff shall occur in reverse order of seniority.
(b) The Employer shall have the areas of cutback and the Nurses right to retain Employees who would otherwise be laid offoff when layoff in accordance with Article 15.02
(a) would result in retaining Employees who do not have the ability to perform the work.
D(a) Any other alternatives.
iii) A Nurse who Where the Employee’s position has been notified of a permanent layoff may:
A) Accept eliminated, the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to Employer shall place her in a vacant position for which she has the ability to perform the work, or if such is not available, the Employer shall effect a layoff in accordance with Articles 15.01 and 15.02 and place the more senior Employee in the resultant vacant position.
(b) The Employer shall eliminate the position of the most junior Employee within the category of position (i.e. full-time, part-time and temporary) where the position elimination is to occur.
(a) When increasing the work force, recall shall be carried out in order of seniority provided that she/he or he is qualified the Employee has the ability to perform the available work.
D(b) Displace The method of recall shall be by telephone and, if such is not possible, by double registered letter sent to the Employee’s last known place of residence in the Employer’s records. The Employee so notified shall return to work as soon as possible but not later than five (5) working days following the date of the telephone call or the date the registered letter was received. If the Employee does not report within this five (5) working day period, or if in the case of a Nurse who has lesser bargaining unit seniority registered letter such registered letter is returned to the addressee (the Employer), the recall shall be deemed to have been carried out and whose work henceforth such Employee shall have lost the Nurse right to be recalled.
(a) Upon request of the Employee in writing, the Employer shall continue to make payment for its share of the premium of the benefits the Employee is enrolled in on behalf of a laid off Employee for a maximum of one (l) month. The Employee must pay her share prior to being laid off.
(b) In the case of layoff in excess of one (1) month’s duration, the Employee may make arrangements for the payment of the full premiums for applicable Employee benefit plans contained in Article 21 that the Employee is currently participating in, subject to layoff is qualified the insurer’s requirements.
15.06 In the case of layoffs in excess of one (1) month, the Employee shall cease to performaccrue all benefits and rights provided by this Collective Agreement with the exception of seniority, discipline, grievance and arbitration rights and benefits arising under this Article. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined Employee’s increment date shall also be adjusted by the Employer.
iv) In this Article, a “vacant position” same amount of time as the layoff and the new increment date shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he prevail thereafter. Employees shall not be entitled to receive severance Named Holidays with pay in accordance with which may fall during the Employment Standards Actperiod of layoff.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a 15.07 No new Employees will be hired while there are other Employees on layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis capable of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified willing to perform the available work on the basis of her/his skill, ability, experience, qualification, training and educationwork.
(e) Employees subject to layoff 15.08 The operation of this Article shall not be provided with construed as a minimum violation of four (4) weeks’ notice the posting and/or scheduling provisions of layoff or such longer amount of time as provided by the Employment Standards ActArticles 7, 9 and 14.
(f) Nurses who 15.09 Rights to recall shall continue until the Employee has been recalled to a position where her regular work hours have been laid off will be required reinstated or upon the expiry of twelve (12) months following layoff, whichever occurs first. An Employee’s right to return recall shall cease where the Employee is offered reinstatement to a position consisting of her regular work within seven (7) days of receiving a notice of hours, and the Employee declines such recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. The Employer shall provide auxiliary employees with a minimum five (5) workdays notification of layoff when the auxiliary appointment is greater than three (3) months; notwithstanding such notice, the Employer will not be required to renew a layoff notice after it has been given when operational and/or weather conditions require an extension of the appointment beyond the layoff date.
(a) A layoff Layoff of auxiliary employees shall be defined by classification in reverse order of service seniority within a seniority block as a reduction of the number of employees described in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoffAppendix 3.
(b) A permanent Auxiliary employees on layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniorityservice seniority within a seniority block, unless otherwise agreed provided the auxiliary employee is qualified to carry out the work which is available.
(c) Notwithstanding (a) above, auxiliary employees hired for seasonal work or a term certain shall be laid off upon completion of the season or term and shall be subject to recall procedures in accordance with (b) above.
(d) Auxiliary employees hired for special projects, as mutually agreed-to between the Employer and the Union, provided that senior Nurse is qualified to perform or auxiliary employees hired under the available work on auspices of the basis Ministry of her/his skillLabour's Special Employment Programs, ability, experience, qualification, training and educationshall be considered terminated for cause in accordance with Clause 30.3(a) upon completion of their project or program.
(e) Employees subject The Employer will schedule time periods during which auxiliary employees on layoff will be contacted as work is available. These scheduled time periods will be established by seniority blocks based on the scheduling patterns for that unit, such that auxiliary employees will not be required to layoff shall be provided available more than three (3) hours on any one day or for more than one (1) period per shift, at their contact point. Calls made to auxiliary employees outside of the scheduled time periods will be treated in accordance with a minimum the applicable sections of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Actthis Article.
(f) Nurses Auxiliary employees will be advised, in writing, of the scheduled time periods and of any changes thereto. Auxiliary employees, on layoff, are required to be personally available at their contact point during these scheduled time periods.
(g) Auxiliary employees will provide a direct communication link that will give them personal contact with their regular seniority block contact person. This communication link must be appropriate to the Employer's operation and may include telephone or radio-telephone
(h) Auxiliary employees on layoff who have been laid off experience problems with their communication link established under (g) above, or who will not be available at their contact point during the scheduled time period for those reasons outlined in (k) below, are required to contact their regular seniority block contact person in advance of the scheduled time periods as designated by the Employer. The auxiliary employees may be required to return contact their regular assembly block contact person during the scheduled time period to obtain a specific work within seven schedule.
(7i) days Where auxiliary employees are contacted outside of receiving a the scheduled time periods and decline work in an emergency situation, other than for reasons outlined in (k) below, they will be considered to have declined work for purposes of Clause 30.3(d).
(j) If an employee receives notice of recall. Notice of recall available work during scheduled time periods and declines the work offered, such decline will be by Registered Mail. The seven (7) days period may considered to be extended to fourteena decline for purposes of Article 30.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction It is understood that temporary reductions in the normal hours of work due to fluctuations in business volumes shall take place not be considered to prevent or reduce the impact of be a layoff.
(b) A permanent layoff will be defined as a layoff In the event that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In nursing force is required and the event of Employer plans to conduct a proposed layoff of permanent or long-term nature or an amalgamationlayoff, the Employer will:
i) Provide shall layoff nurses in inverse order of seniority at the Union with no less than thirty (30) working days’ notice time of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service provided that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses nurses who are entitled to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is remain are qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority work on the basis of their skill, ability, experience and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rulesqualifications.
(c) In the event of a layoff within a specific geographic areaarea or team, the affected Nurse(snurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off The affected nurse may accept the layoff, or accept another assignment (if available), or displace the least senior nurse in the area of the nurse’s choosing, whose work she is qualified to perform, provided that the remaining nurses in that area are qualified to perform the work available. Nurses utilizing the bumping process shall be entitled to displace a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on junior nurse. Part-time nurses may only displace another part-time nurse but a sitefull-wide basistime nurse may displace another full-time nurse or a part-time nurse.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the UnionAssociation, provided that the senior Nurse nurse is qualified to perform the available work on the basis of her/his her skill, ability, experience, qualification, training experience and educationqualifications.
(e) Employees subject In the event of a proposed layoff of a permanent or long term nature, the Employer will:
i) provide the Association with 30 days' notice;
ii) meet with the Association to layoff shall review:
A) the reasons causing the layoff;
B) the service which the Employer will undertake after the layoff;
C) the method of implementation, including areas of cutback and the nurses to be provided with laid off.
iii) No new nurse will be hired nor will agency nurses be used nor will nurses be assigned overtime when there is a minimum of four (4nurse(s) weeks’ notice of layoff or such longer amount of on layoff.
iv) A laid off full time as provided nurse may accept a temporary part time assignment and a part time nurse may accept a temporary full time assignment without relinquishing their recall rights.
12.02 When the RFP process is triggered by the Employment Standards ActCCAC, VON will, upon request, meet with the Union to discuss the process and timelines associated with the RFP.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. (a) A layoff In the event of lay-off, the Employer shall be defined as a reduction of the number of lay off employees in the bargaining unit. No reduction in reverse order of their seniority within their classification, providing that there remain on the hours of work shall take place job employees who then have the ability to prevent or reduce perform the impact of layoffwork.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse An employee who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirtylay-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to either:
(i) accept the lay-off; or
(ii) displace an employee who has lesser bargaining-unit seniority and who is the least senior employee. Such employee so displaced shall be laid off. An employee who chooses to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses right to displace another employee with lesser seniority shall be recalled in order of seniority, unless otherwise agreed between advise the Employer of his or her intention to do so and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work position claimed within seven (7) days of after receiving a the notice of recall. Notice layoff.
(c) An employee shall have opportunity of recall will be by Registered Mailfrom a lay-off to an available opening, in order of seniority, provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The seven posting procedure in the collective agreement shall not apply until the recall process has been completed.
(7d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Employer shall not act in an arbitrary or unfair manner.
(e) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(f) It is the sole responsibility of the employee who has been laid off to notify the Employer of his intention to return to work within five (5) working days (exclusive of Saturdays, Sundays and paid holidays) 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) working days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Employer.
(g) Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off.
(h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees.
(i) In the event that a lay-off commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced.
(j) A laid off employee shall retain the rights of recall for a period may be extended to fourteenof twenty-four (24) months from the date of lay-off.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. Section 1: It is within the sole discretion of the Board to reduce the number of teachers at such time as the Board may deem appropriate. In the event it becomes necessary to reduce the number of teachers, the following procedure will be followed:
(a) A layoff shall The Board, through its agents, will determine the curriculum and the positions, which should be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent eliminated, reduced, or reduce the impact of layoffcontinued.
(b) A permanent Teachers shall be laid off on the basis of seniority, provided that a more senior teacher may be laid off while a less senior teacher is employed, if the more senior teacher is not certified and qualified to be employed in the specific position held by the teacher with less seniority, or the specific position to which the Board determines the teacher with less seniority should be assigned. Provided, further, that this procedure shall be subject to the Michigan Teachers' Tenure Act.
(c) The Board shall take formal action in order to effectuate the layoff will of a teacher. Teachers to be laid off shall be notified in writing of such layoff thirty (30) calendar days in advance of the effective date of the layoff.
(d) In the event an employee is given notice of layoff to be effective during or at the beginning of a school year and is subsequently recalled for or during that school year, the teacher's salary shall be reduced by an amount equal to the amount of unemployment compensation paid to the teacher so that the sum of his/her unemployment compensation plus salary does not exceed the salary the teacher would have earned for the school year had he/she not been laid off.
Section 2: Seniority" shall be defined as the length of continuous service with the school district since the last date of hire. Periods of time spent on leaves of absence and layoff shall not constitute a layoff that will exceed thirteen (13) weeks due to a reduction break in continuous service and seniority shall accrue during such periods. For purposes of this article only, service at less than the workload. Notice provided full teaching load shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working noticecount as if the service was at full teaching load. In the event of ties in seniority, all teachers so affected will participate in a proposed layoff formal drawing to determine placement on the seniority list. The Association and bargaining unit members so affected will be notified in writing of permanent or long-term nature or an amalgamationthe date, time and place of the Employer will:drawing. The drawing shall be conducted openly and at a time and place that will reasonably allow affected bargaining unit members and Association representatives to be in attendance.
i) Provide Section 3: The Board shall prepare and present to the Union Association President a current seniority list prior to December 15th of each year. It is the Association's duty to review the list with no less than teachers. The seniority list shall also contain information regarding the employees' certification. The Association shall have thirty (30) working days’ notice days from receipt of such layoff the list to object. Any objection must be in writing. Failure to object by the Association or amalgamationany teacher within the aforementioned thirty (30) day period shall conclusively and irrebuttably be construed as an agreement that the list is accurate.
ii) Meet with the Union to review the following:
A) Section 4: The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method certification and qualifications of implementation including the areas of cutback and the Nurses a teacher to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified off shall be the certification and qualifications on file with the Board at the time the notice of layoff is sent. The certification and qualification of a permanent teacher to be recalled from layoff may:
A) Accept shall be the layoff.
B) Opt certification and qualifications on file with the Board at the time the notification of recall from layoff is sent. It is the teacher's duty to retire if eligible under make sure the terms Board's records are correct and to notify the Board in writing of the pension plan.
C) Elect any inaccuracies or changes. The layoff or failure to transfer to recall a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse teacher shall not be subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain challenge on the basis that the teacher's certification and/or qualification was other than that which was on file with the Board at the time of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have sending of the right to exercise the rights outlined in 10.12 (b) on a site-wide basisnotice of layoff or recall.
(d) Nurses Section 5: Teachers on layoff shall be recalled in order of greatest seniority, unless otherwise agreed between provided the Employer more senior teacher(s) are certified and qualified for the Unionvacancy or vacancies to be filled. This procedure shall, provided that senior Nurse however, be subject to the Michigan Teachers' Tenure Act. A teacher shall lose all recall rights if the teacher is qualified to perform not recalled within three (3) years from the available work on the basis effective date of her/his skill, ability, experience, qualification, training and educationlayoff.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Section 6: Notice of recall will shall be sent by Registered Mailcertified or registered mail to the teacher's last known address. It shall be the responsibility of the teacher to keep the Board informed of his/her current address. The seven Board's obligations regarding recall of a teacher shall be fully satisfied if the notice of recall is sent to the teacher's last known address. The teacher will indicate his/her desire to accept or reject an offer of recall, within ten (710) days period from the date the notice of recall is received or within (20) days from the date the notice was sent, whichever occurs earlier. In the event a teacher does not accept a full-time position offered by the notice of recall within the aforementioned period, this shall conclusively and irrebuttably be construed to constitute a resignation and/or the teacher's abandonment of his/her employment by the Board subject to the provisions of the Tenure Act; provided, however, a laid off teacher who is employed under contract by another Michigan public school district at the time of recall may be extended refuse recall. However, if the teacher is subsequently offered a full-time position for the following school year, the teacher's refusal of the offer shall irrebuttably and conclusively constitute the teacher's resignation and employment shall automatically terminate, subject to fourteenthe provisions of the Tenure Act.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. In the event a layoff is necessary, the Employer and the Union agree to work jointly to minimize any adverse effects of any layoff to employees.
(a) A layoff shall be defined as a reduction Where an individual’s own job is not available for eighty (80) hours or less, the Company will assign the individual other work if such work is available. Further, in determining such assignments, it is the Company’s practice to attempt to assign the more senior employees the higher rated of the number work which is available where this is practical. The application of the above practice is subject always to the following conditions:
(i) Employees must be fully qualified and capable of performing any work to which they are assigned.
(ii) Such reassignments must not result in the displacement of employees in posted jobs. For the bargaining unit. No reduction purpose of this Article, a Line Associate is not considered a posted job.
(iii) In the event such reassignments is not available and results in a layoff from work longer than forty (40) hours, affected employees will be allowed to temporarily displace the most junior employees in the hours of work shall take place factory, wherever their skill and ability allows them to prevent or reduce the impact of layoffdisplace.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within that is anticipated to be in excess of eighty (80) hours (not including scheduled weekend shifts that are part of your scheduled work week), affected employees will be allowed to bump posted jobs based on the following factors:
(i) full-time seniority in the case of a specific geographic arealay-off involving full-time employees, or part-time seniority in the case of a lay-off involving part-time employees;
(ii) skill and ability required for the job. It is understood that where the qualifications referred to in factor (ii) above are relatively equal, factor (i) will govern.
14.02 In the event of a layoff in excess of eighty (80) hours (not including scheduled weekend shifts that are part of your scheduled work week), affected Nurse(s) in that area shall employees will be laid off in the reverse order of seniority and the foregoing layoff formula will be applied by groups in the following sequences provided the remaining work force has the skill and ability required to perform the available work:
(i) Probationary employees (new hire)
(ii) Seniority employees
(i) Students
(ii) Probationary employees (new hire)
(iii) Seniority employees It is understood that no temporary or casual workers will be utilized in the workplace while any regular employee is on lay-off provided that the Nurses who are entitled to remain on the basis of seniority regular employees are qualified to perform do the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basisquestion.
(d) Nurses shall 14.03 When increasing the work force after a layoff, employees will be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, seniority provided that senior Nurse is qualified the resulting work force has the required skill and ability to perform the available work on work.
14.04 A full-time employee shall acquire the basis right to bump employees with less plant seniority from other jobs only when her regular job is permanently eliminated. In such event the bumping procedure shall be as follows: A full-time employee shall be allowed to displace the most junior employee from the full-time employee’s classification provided that in the opinion of her/his skillthe Company she has the required skill and ability to do the job. Any resulted displaced employee will subsequently displace the most junior full-time employee in the next classification down until the most junior full-time employee plant wide is displaced, abilityprovided that in the opinion of the Company she has the required skill and ability to do the job. Displacement into a higher classification shall be allowed in accordance with the terms of this article only in circumstances where senior employees would otherwise be laid off outside of seniority. For the purposes of this article, experiencethe term classification shall refer to all jobs in a Group defined under Schedule “A”. With the exception of the full-time employee forced to displaced the most junior full-time employee in the plant, qualificationemployees electing to bump under this article will not be eligible to post or transfer to a new position for a minimum period of six (6) months, training except in cases where their previous position becomes available.
14.05 In the evaluation of skill and educationability as referred to in Articles 14.01, 14.02, 14.03, 14.04 and 14.09, the Company shall be the judge, provided however, if an employee believes that proper consideration of her skill and ability has not been given, she may file a grievance under Article 10.
(ea) In the event of a lay-off affecting full-time employees, the employees so affected shall have the option of:
(i) accepting transfer to part-time status; or
(ii) being placed on lay-off status
(b) Employees subject who elect a transfer to layoff shall part-time status as per Article 14.06 (a) (i) will be provided with employed on a minimum of day-to-day basis prior to any remaining part-time employees to perform such scheduled or call-in work as arises prior to their recall to full-time work. Such work will be allocated to these transferred employees on a rotational basis.
(c) After twenty-four (424) weeks’ months employees will revert to part-time status and will lose their full- time recall rights.
14.07 The Company shall notify an employee of her recall to work by telephoning the last number on record with the Company. Where the Company is unable to contact the employee by telephone, recall notice will be sent by registered mail to the last address on record with the Company. The employee is solely responsible for their proper address and telephone number being on record with the Company. The notification shall state the job to which the employee is to be recalled and the date and time at which the employee shall report to work. It is the sole responsibility of the employee to notify the Company of her intention to return to work within three (3) working days of receiving her notice of recall and return to work within ten (10) calendar days after receiving recall notice. Employees who fail to return to work within ten (10) days will forfeit their right to recall.
14.08 The Company will advise the Union one week in advance of any layoff or such longer amount which is expected to continue in excess of time as eighty (80) hours (not including scheduled Saturday and Sunday shifts).
14.09 For the purpose of layoff and recall in excess of eighty (80) hours, the Local Union Executive, Chief Xxxxxxx and Stewards shall have preferential seniority provided by they have the skill and ability required to perform the available work.
14.10 The Company shall give notice of termination according to the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. (a) A In the event the University declares a need to layoff within the Bargaining Unit(s) the Director, Human Resources (Staff Relations) will normally provide the Union with no less than eight (8) weeks’ notice and shall meet with the Union to review the following:
i) the reasons causing the layoff;
ii) the implications of the layoff including the service which the clinic will undertake after the layoff;
iii) the method of implementation including the areas of cutback and the nurses to be laid off.
(b) It is agreed that a layoff of nurse(s) shall be defined on the basis of seniority provided that the nurse(s) who are entitled to remain on the basis of seniority are qualified to perform the available work. Subject to the foregoing, probationary nurse(s) shall be laid off first. Full-time and part-time layoff and recall rights shall be separate.
(c) Casual part-time nurses shall not be utilized while regular full-time or regular part-time nurses remain on layoff, unless the nurse(s) on layoff have refused the opportunity to work or are unavailable.
(d) Xxxxx(s) shall be recalled in the order of seniority provided that the nurse is qualified to perform the available work.
(e) An agreement between the University and the local Union resulting from the review as a reduction provided in 13.07 (a) above, concerning the method of implementation will take precedence over the terms of this Article. Notice of layoff to individual nurses shall be in accordance with the provisions of the number of employees in the bargaining unit. Employment Standards Act.
(f) No reduction or alteration in the hours of work shall take place to prevent or reduce the impact of layoffa layoff without the consent of the Union.
(bg) A permanent All regular full-time and regular part-time nurse(s) who are on layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction given job opportunities in the workload. Notice full-time and regular part-time categories before any new nurse is hired into either Bargaining Unit provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority they are qualified to perform the work available.
(a) Any nurse who permanently transfers to a position outside of the Bargaining Unit(s) connected with the University, shall be deemed to retain the seniority accrued from his/her start date within the Bargaining Unit(s) to the date they leave the Bargaining Unit for a period of up to one (1) year. Employees laid off After one (1) year, s/he will lose all seniority held at the time of transfer and may only be hired into a position in the Bargaining Unit(s) after the University has complied with the job postings and recall from layoff provisions of the Agreement. In such event, the returning nurse shall be given a specific geographic area seniority date as of the nurses' last date of entry into the Bargaining Unit(s) for the purposes of the job opportunity and layoff. The nurse shall have retain his/her first date of hire with the right to exercise University for the rights outlined calculation of salary, vacation and benefits listed in 10.12 Articles 19.
(b) on In the event that a site-wide basis.
nurse accepts a temporary secondment to a position outside of the Bargaining Unit for a period of up to one (d1) Nurses year, s/he shall be recalled in order of seniority, unless otherwise agreed between deemed to retain the Employer and seniority accrued from his/her start date within the Union, provided that senior Nurse is qualified Bargaining Unit to perform the available work on date they leave the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off Bargaining Unit. ONA dues deductions will be required suspended for the period of such secondment and seniority shall not accrue during this period. When the nurse returns to return to work within seven (7) days of receiving a notice of recall. Notice of recall the Bargaining Unit, dues deductions will be by Registered Mail. The seven (7) days period may be extended to fourteenresume and seniority accrual will recommence.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. 13.01 In the event of a proposed layoff by the Hospital of a permanent or long-long term nature or an amalgamationaffecting full-time and/or regular part-time Employees, the Employer Hospital will:
i(a) Provide provide the Union with no less than thirty one hundred and twenty (30120) working days’ calendar days notice of such layoff or amalgamation.and;
ii(b) Meet meet with the Union to review the following:
A(i) The the reasons causing the layoff or amalgamation.layoff;
B(ii) The service that the Employer service, which the Hospital will undertake after the layoff.;
C(iii) Method the method of implementation including the areas of cutback and the Nurses Employees to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified . In the event of a proposed layoff by the Hospital which is not of a permanent or long term nature or a cutback in service which will result in displacement of regular full-time or regular part-time staff, the Hospital will provide the Union with no less than 30 calendar days notice. Notice shall not be required in the case of a cancellation of all or part of a single scheduled shift, provided that Article 17.05 has been complied with, or in the case of a work disruption. In the case of a work disruption Employees may utilize their accrued vacation and lieu time, if available. If requested, the Hospital will meet with the Union to review the reasons and expected duration of the cutback in service, realignments of service or staff and its effect on Employees in the bargaining unit. Notice of layoff may:
A) Accept to Employees shall be in accordance with the layoff.
B) Opt to retire if eligible under provisions of the Employment Standards Act. Any agreement between the Hospital and the Union resulting from the review above concerning the method of implementation will take precedence over the terms of the pension planthis Article.
C(a) Elect to transfer to a vacant position provided In the event of layoff the Hospital shall lay off Employees in the reverse order of their seniority within their classification, providing that she/he or he is there remain on the job Employees who then have the ability and are qualified to perform the available work.
D(b) Displace An Employee who is subject to layoff of a Nurse permanent or long-term nature shall have the right:
(i) to accept the layoff, or
(ii) displace an Employee who has lesser bargaining bargaining-unit seniority and whose work who is the Nurse least senior Employee in a lower or identical-paying classification in the bargaining unit if the Employee originally subject to layoff is qualified to performcan perform the duties of the lower or identical classification without training other than orientation. The Employer will provide a familiarization period Such Employee so displaced shall then become the subject of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their ruleslayoff provision.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area All permanent and temporary vacancies as specified under Article 12 shall be laid off posted in accordance with the reverse order relevant provisions of seniority provided that the Nurses Article 12 prior to any Employee who are entitled is on layoff being recalled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basissuch available openings.
(d) Nurses Employees who have been laid off may apply for such posted vacancies. All candidates who apply shall be recalled considered for such vacancies in accordance with the criteria set out under Article 12.01 (c).
(e) Where there has been no successful applicant to the posted vacancy, an Employee who has been previously laid off shall have the opportunity of recall from a layoff to an available opening, in order of seniority, unless otherwise agreed provided she has the ability to perform the work. Notwithstanding this provision, upon mutual agreement between the Employer Hospital and the Union, provided that senior Nurse is qualified the requirements to perform the post such available work on the basis of her/his skill, ability, experience, qualification, training and educationvacancies may be waived or such other arrangement as may be agreed upon shall apply.
(e) 13.03 Prior to the layoff of any full-time or regular part-time Employee as provided above, the working hours of the casual, temporary and probationary Employees subject to in the classification affected shall be reduced first.
13.04 Employees on layoff or notice of layoff shall be provided with a minimum given preference for temporary vacancies, which are expected to exceed sixty (60) working days. An Employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. The period worked in filling such temporary recall vacancies shall not impact upon the original period of four (4) weeks’ notice of layoff or such longer amount of time recall rights as provided by the Employment Standards Actunder 11.05 (d).
(f) Nurses 13.05 Full-time Employees who have been laid off will recalled to a temporary position as provided under 13.04 shall be required considered as a part-time Employee while filling such a temporary position and as such shall be eligible to return to work within seven (7) days receive the percentage in lieu of receiving a notice benefits payment as provided under Article 20.05 during their period of recall. Notice temporary recall provided that the Employee is not in receipt of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenany Hospital subsidized benefits.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. The parties may agree to a procedure for layoff and recall that is different than the procedure provided herein.
(a) A layoff shall be defined as Where there is a reduction of the number of employees in the bargaining unit. No reduction in the hours workload resulting in a surplus of work nurses, the Employer shall take place lay off nurses in reverse order of seniority within the team. Subject to prevent or reduce the impact of layoffabove, probationary nurses shall be first laid off. Full-time and part-time layoff and recall rights shall be separate.
(b) A permanent Temporary layoff will be defined as a layoff that will exceed of not more than thirteen (13) weeks which is required due to a reduction in of the workload. Notice When such layoff is required, the Employer will endeavour to provide the Union and the staff affected with at least thirty (30) calendar days advance notice. The Employer and the Union will meet to discuss the reasons for the layoff.
(c) A nurse who has been notified of a temporary layoff may:
i) Accept the layoff; or
ii) Opt to retire if eligible under the terms of the VON Pension Plan; or
iii) Elect to transfer to a vacant position, provided shall be per she is qualified and able to perform the available work; or
iv) Displace the least senior nurse in the bargaining unit whose work she is qualified and able to perform.
(d) In the event of a layoff of a permanent or long-term nature, the Employer will provide any nurse affected by such a layoff with notice, or payment in lieu thereof, in accordance with the Employment Standards Act Act.
(ESA). The first eight weeks shall be considered working notice. e) In the event of a proposed layoff of permanent or long-long term nature or an amalgamation, the Employer will:
i) Provide provide the Union with no less than thirty (30) working days’ calendar days notice of such layoff or amalgamation.and;
ii) Meet meet with the Union Association to review the following:
A) The the reasons causing the layoff or amalgamation.layoff;
B) The the service that which the Employer will undertake after the layoff.;
C) Method method of implementation including the areas of cutback and the Nurses nurses to be laid off.; and,
D) Any any other alternatives.
iii(f) A Nurse nurse who has been notified of a permanent layoff may:
Ai) Accept the layoff.; or
Bii) Opt to retire if eligible under the terms of the pension plan.VON Pension Plan; or
Ciii) Elect to transfer to a vacant position provided that she/he or he she is qualified and able to perform the available work; or
iv) Displace the least senior nurse in the bargaining unit, provided she is qualified and can perform the duties of the nurse she displaces.
D(g) Displace In the case of a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject temporary or permanent layoff, a nurse shall indicate her decision as to layoff which option she is qualified to perform. The Employer will provide a familiarization period selecting within ten (10) calendar days of up to thirty-seven point five (37.5) hours, as determined by the Employernotification.
iv(h) In this Article, a “"vacant position” " shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v(i) When No new nurse will be hired until all nurses who retain the right to be recalled have been given an employee accepts a long-term layoff, she/he shall be entitled opportunity to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority return to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their ruleswork.
(cj) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area Casual part-time nurses shall not be laid off in the reverse order of seniority provided that the Nurses who are entitled to utilized while full-time or part-time nurses remain on layoff unless the basis provisions of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who Article 10.14 have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteencomplied with.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. (a) A layoff A. The Association recognizes the right of the District to determine the monetary savings to be achieved by personnel or operation cuts to balance the budget and the right to determine the areas in which such cuts shall be defined made. Teachers subject to layoff for the subsequent school year shall be notified of such layoff in writing as a reduction follows:
1. Probationary teachers shall be notified at least forty-five (45) calendar days prior to the last day of the number current school year or thirty (30) calendar days prior to the first school day of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoffsecond semester.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload2. Notice provided Tenured teachers shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent notified by no later than July 1 or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less later than thirty (30) working days’ notice calendar days prior to the first school day of such the second semester. Bumping a teacher in response to layoff or amalgamationmay occur after the above dates.
iiB. The teacher(s) Meet with in the Union to review specific position(s) being reduced or eliminated shall be the following:
Ateacher(s) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff. A teacher notified of layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise replace another member of the rights outlined bargaining unit who is the least senior teacher within the laid off teacher’s certification and qualifications as defined in 10.12 Article 10. A laid off teacher wishing to bump another member of the bargaining unit shall notify the Superintendent in writing within three (b3) on a site-wide basisbusiness days of receiving their layoff notice. The teacher subject to the bump shall be notified in writing by the Superintendent that he/she is laid off within five (5) business days of the Superintendent’s receipt of said bump notice.
C. Seniority shall be computed from the last date of hire and shall be defined to mean the amount of time continuously employed as a member of the bargaining unit. Seniority shall continue to accrue during the time spent on layoff or a leave of absence. The District shall prepare and present to the Association a current seniority list of bargaining unit members prior to November 15 of each year. Teachers shall have until January 15 to make any protest as to the accuracy of the information contained on the seniority list. Absent any objections by any teacher or the Association, the list prepared by the District will be regarded as conclusive. Accompanying the name of each teacher on the list shall be the date of last hire as well as each teacher’s certification and qualification status as defined in Article 10. Teachers who are transferred to a supervisory or executive position within the District shall retain such seniority as was accrued while a member of the bargaining unit should they leave the supervisory or executive position and return to the bargaining unit.
D. Changes in a teacher’s certification following layoff shall not permit the teacher to be recalled by bumping or affect their right to recall at a later date. Teachers are required to deliver to the Superintendent written notice of changes in their certification, academic majors/minors, or teaching experience within the last five (d5) Nurses years. A laid off teacher who acquires additional certificate endorsements while on layoff shall be entitled to recall consistent with the teacher’s seniority, qualifications and certification (including revisions to certification) as defined in Article 10.
E. Teachers on layoff shall be recalled in the inverse order of layoff provided the teacher is certified and qualified for the vacancy. When an opportunity for recall exists, and two (2) or more teachers on layoff possess equal seniority, the District shall determine which of these teachers shall be recalled. No new teachers shall be employed by the District while there are teachers of the District who are laid off unless otherwise agreed between the Employer there are no laid off teachers who are certified and the Union, provided that senior Nurse is qualified to perform fill the available work on vacancy. Not withstanding any provision of this Agreement, the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff District shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will not be required to return to work within seven (7post any vacancy when there are teacher(s) days of receiving a on layoff who are certified and qualified for the vacancy who possess sufficient seniority.
F. The District shall give written notice of recallrecall from layoff by sending a certified letter to the teacher at his/her last known address as it appears in the District’s records. Notice With a copy sent to the Association President. If a teacher fails to respond in writing within fifteen (15) calendar days from the date of mailing of recall notice, said teacher shall be considered as having voluntarily quit and shall thereby terminate his/her individual employment contract and any other employment relationship with the District.
G. In recalling tenure teachers from layoff, no teacher will be by Registered Mailterminated, lose recall rights, or seniority, if the teacher is at the time of recall under contract with another school District.
H. Upon layoff, District contributed fringe benefits will be paid for the remainder of the current insurance year, September 1 to August 31. Subsequent to August 31, teachers may continue insurance benefits provided that the teacher contributes monthly payments to the carrier. The seven (7) days period may District shall not be extended obligated to fourteenissue or extend any individual employment contract or supplemental employment contract during layoff.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Layoff and Recall. (a) A The layoff of full-time, part-time and temporary nurses shall remain separate. The Employer reserves the right to lay off either full-time, part- time or temporary nurses in accordance with the provisions of this Article. The provisions of this Article shall not apply to casual part-time nurses except where herein specifically stated. Permanent employees shall not be defined as laid off until all temporary nurses have first been released from employment, subject to a reduction of full-time or regular part-time or temporary nurse being willing and qualified to perform the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoffwork.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer willshall:
i) Provide the Union and the individual nurse(s) with no less than thirty sixty (3060) working calendar days’ notice in case of such an indefinite or a permanent layoff. Notice of layoff or amalgamationto the individual nurse(s) may run concurrently with notice to the Union. Pay in lieu of notice will be made to the nurse in situations where 60 days’ notice is not provided.
ii) Meet with the Union to review the following:
A) The the reasons causing the layoff or amalgamation.layoff;
B) The the process of implementation;
C) the specific areas of cutbacks and the approximate number of nurses affected;
D) the service that which the Employer Centre will undertake after the layoff.
Ciii) Method Any agreement between the Employer and the Union concerning the process of implementation including of layoffs shall take precedent over the areas terms of cutback and this Article. The unavailability of a Union representative will not delay any action, layoff notices or meetings with nurses by the Nurses to be laid offEmployer regarding layoffs.
D(c) Any Following the provision of notice of layoff to the Union pursuant to Article
13.01 (b)(i), and before issuing notice of layoff to individual nurses, the Employer will make offers of voluntary severance in accordance with the following conditions:
i) The Employer will first make offers in order of seniority in the department(s) where layoffs would otherwise occur to nurses (excluding casual and temporary) eligible for early retirement under the Employer pension plan (including regular part-time, if applicable, whether or not they participate in the Employer pension plan). Further, these offers will be made to nurses in the same department/program, classification and status as those who would otherwise be given notice of layoff.
ii) Should an insufficient number of nurses volunteer pursuant to (i) above, the Employer will then make offers to all other alternativesnurses (excluding casual and temporary) in the same department/program, classification and status as those who would otherwise be given notice of layoff.
iii) A Nurse The number of voluntary severance offers that the Employer approves will not exceed the number of nurses who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to performwould otherwise be laid off. The Employer will provide shall grant requests for voluntary severance in order of seniority, subject to (i) and (ii) above, provided that operational requirements are maintained to the sole satisfaction of the Employer. A nurse may not revoke their acceptance of a familiarization period of up to thirty-seven point five (37.5) hours, as determined voluntary severance offer once they are approved by the Employeremployer.
iv) In this ArticleA nurse who is approved for voluntary severance shall receive, following completion of the last day of work, a “vacant position” shall mean severance payment of two (2) weeks' salary for each year of service, to a position for which maximum of fifty-two (52) weeks' salary. In the posting process has been completed and no successful applicant has been appointedcase of regular part-time nurses, the severance payment will be calculated by determining the average weekly salary earned by the nurse in the twenty (20) week period immediately preceding the date of layoff.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(ci) In the event of a layoff within a specific geographic arealayoff, the affected Nurse(s) in that area nurses shall be laid off in the reverse order of seniority at each home location, provided that the Nurses nurses who remain are entitled to remain on the basis of seniority are qualified willing and able to perform the work availableremaining available work. Employees Subject to the foregoing, probationary nurses shall be laid off in a specific geographic area first.
ii) Casual part-time nurses shall have not be utilized at any time full-time or regular part-time nurses remain on layoff, unless such nurses are not willing or able to perform the right to exercise the rights outlined in 10.12 (b) on a site-wide basisavailable work.
(de) Nurses shall be recalled in the order of seniority, unless otherwise agreed between the Employer and the Uniontheir seniority at each home location, provided that senior Nurse is qualified they are willing and able to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Actwork.
(f) Nurses i) A nurse who have been is laid off will be required may opt to return accept the layoff, retire (if eligible under the rules of the Pension Plan), displace the least senior full-time or part-time nurse, (full-time to full-time or part- time to part-time) at any location, whose work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended the nurse is qualified to fourteenperform.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. 13.01 The lay off of regular full-time and regular part-time nurses shall remain separate. The Employer reserves the right to layoff either regular full-time or regular part- time in accordance with the provisions of this Article. This Article shall not apply to casual or temporary nurses except where herein specifically stated.
(a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer willshall:
i) Provide provide the Union Association with no less than thirty forty five (3045) working calendar days’ notice of such action for an indefinite layoff and sixty (60) calendar days of notice for a permanent layoff. Layoff notice may be given to a nurse at any time during or amalgamationfollowing the above noted notice periods, providing such notice is in compliance with Employment Standards.
ii) Meet meet with the Union Association to review the following:
A) The 1. the reasons causing the layoff or amalgamation.layoff,
B) The 2. the service that which the Employer Centre will undertake after the layoff.,
C) Method 3. the method of implementation implementation, including the areas of cutback cutbacks, and the Nurses to be laid offnurses affected by such actions.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(ci) In the event of a layoff within a specific geographic arealayoff, the affected Nurse(s) in that area nurses shall be laid off in the reverse order of seniority at their home location, provided that the Nurses nurses who remain are entitled to remain on the basis of seniority are willing and qualified to perform the work available. Employees remaining available work.
ii) Casual nurses shall not be normally utilized if a laid off in a specific geographic area nurse is willing and qualified to perform the available work.
iii) A nurse who is laid off may opt to accept the lay off, retire (if eligible under the rules of the Canadian Blood Services Pension Plan), displace another regular full-time or regular part-time nurse who has less seniority, at any location, and whose work the nurse is qualified to perform. Such nurse shall have be credited with seniority subject to Article 10.03.
(c) Temporary nurses shall be terminated before regular full-time or regular part-time nurses are laid off subject to such nurse being willing and qualified to perform the right to exercise the rights outlined in 10.12 (b) on a site-wide basiswork.
(d) Nurses shall be recalled in the order of seniority, unless otherwise agreed between the Employer and the Union, their seniority provided that senior Nurse is qualified they are willing and able to perform the available work on the basis of her/his skill, ability, experience, qualification, training and educationwork.
(e) Employees subject No new nurses will be hired when there is a nurse(s), either regular full-time or regular part-time, on layoff who is qualified, willing and able to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by perform the Employment Standards Actavailable work.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving 13.03 Where a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenregular part time nurse’s shift is cancelled with more than twenty-four
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall.
(a) A layoff Layoff of auxiliary employees shall be by classification in reverse order of service seniority within a ministry seniority unit as defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoffcomponent agreements.
(b) A permanent Auxiliary employees on layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniorityservice seniority within a ministry seniority unit, unless otherwise provided the auxiliary employee is qualified to carry out the work which is available.
(c) Notwithstanding (a) above, auxiliary employees hired for seasonal work or a term certain shall be laid off upon completion of the season or term and shall be subject to recall procedures in accordance with (b) above.
(d) Auxiliary employees hired pursuant to Article 34—Special Employment Programs, or for special projects, as mutually agreed to between the Employer and the Union, provided that senior Nurse is qualified to perform shall be considered terminated for cause in accordance with Clause 31.4(a)—Loss of Seniority upon completion of their project or program. The Employer will provide the available work on Union with a copy of each appointment letter for employees hired under Clause 31.5(d)—Layoff and Recall, within 30 days of the basis of her/his skill, ability, experience, qualification, training and educationappointment.
(e) Employees subject Ministries will schedule time periods during which auxiliary employees on layoff will be contacted as work is available. These scheduled time periods will be established by seniority units based on the scheduling patterns for that unit, such that auxiliary employees will not be required to layoff shall be provided available more than three hours on any one day or for more than one period per shift, at their contact point established pursuant to (g) below. Calls made to auxiliary employees outside of the scheduled time periods will be treated in accordance with a minimum the applicable sections of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Actthis article.
(f) Nurses Auxiliary employees will be advised, in writing, of the scheduled time periods and of any changes thereto. Auxiliary employees, on layoff, are required to be personally available at their contact point during these scheduled time periods. The exceptions to this provision are detailed in (h) and (j) below.
(g) Auxiliary employees will provide a direct communication link that will give them personal contact with their work unit/recall section. This communication link must be appropriate to the ministry's operation and may include telephone, radio telephone, pager, public media, on call boards, written communication, etc.
(1) Where a written communication link is established, a single attempt by registered mail will be made to contact the auxiliary employees.
(2) Where telephone/radio telephone communication is used, two attempts, at least five minutes apart, will be made to contact the auxiliary employees.
(3) Where a pager is used, a single attempt will be made and the auxiliary employee must respond to the Employer within five minutes of the page. Notwithstanding the above, in the case of an emergency situation, a single verbal attempt will be made to contact the auxiliary employees.
(i) Auxiliary employees are responsible for advising their work unit/recall section, in writing, of their current phone number, address, radio call numbers, etc., as established in (g) above, and for the accuracy and completeness of the information provided. Where public communication or display media are used by the ministry to advise auxiliary employees of work available, the auxiliary employees will check such media in the manner indicated by the ministry. Auxiliary employees are responsible for maintaining the necessary equipment required to receive notice, in an operable condition, except where such maintenance is beyond their control.
(j) Auxiliary employees on layoff who have been laid off experience problems with their communication link established under (g) above, or who will not be available at their contact point during the scheduled time period for those reasons outlined in (n) below, are required to contact their work unit/recall section in advance of the scheduled time periods as designated by the ministry. The auxiliary employees may be required to return contact their work unit/recall section during the scheduled time period to obtain a specific work within seven schedule, etc.
(k) Ministries unable to contact auxiliary employees during the scheduled time periods established in (e) above, will immediately advise the employees by certified mail of the date, time and result of the contact attempt(s), and that they are considered to have been unavailable for work for purposes of Clause 31.4(d)—Loss of Seniority. Ministries unable to contact auxiliary employees outside of the scheduled time periods will not count such unavailability for purposes of Clause 31.4(d)—Loss of Seniority except as specified in (l) below.
(l) Where auxiliary employees are contacted outside of the scheduled time periods and decline work in an emergency situation, other than for reasons outlined in (n) below, they will be considered to have declined work for purposes of Clause 31.4(d)—Loss of Seniority.
(m) Where auxiliary employees are contacted during the scheduled time periods established in (e) above, and decline the work offered, such decline will be considered to be a decline for purposes of Clause 31.4(d)—Loss of Seniority.
(n) Auxiliary employees who are unavailable in the following circumstances, and who call in to their work unit/recall section at the times designated by the ministry, will not have the decline or unavailability count as an occurrence for purposes of Clause 31.4(d)—Loss of Seniority:
(1) absence on a WCB claim;
(2) maternity leave, parental leave or adoption leave;
(3) absence on bereavement as per Clause 31.6(c)—Application of Agreement;
(4) leave to participate in activities of a Reserve Component of the Canadian Armed Forces;
(5) illness; proof of illness may be required if the absence is greater than five days or where it appears a pattern of consistent or frequent absence is developing;
(6) illness of, or inability to obtain child care for a dependent child of an auxiliary employee, where no one other than the employee can care for the child. Proof of illness or inability to obtain child care may be required if a pattern of consistent absence is developing. Such leave will not exceed two days;
(7) Union leave per Clause 2.10—Time Off for Union Business;
(8) jury duty;
(9) medical or dental appointments;
(10) approved leave under Clause 31.11(b)—Annual Vacations;
(11) an offer of work which is less than 3½ hours duration;
(12) an offer of work which would constitute a short changeover (Clause 15.4—Short Changeover Premium). Employees who decline work pursuant to (11) or (12) will remain eligible to be recalled for other available work on the same day and to accept or decline that work in accordance with the terms of this agreement.
(o) Auxiliary employees subject to recall shall lose their service and classification seniority and shall be considered terminated for just cause where they are unavailable for or decline work on four separate occasions2 in the calendar periods between April 1 and September 30 inclusive or October 1 and March 31 inclusive.
(p) (1) Auxiliary employees, with the agreement of the Employer, may specify days and/or times of receiving a notice of recallavailability. Notice of recall will Such agreed to days and/or times and any agreed to alterations thereto, shall be by Registered Mail. The seven (7) in writing and include the days period may be extended to fourteenand/or times, and effective date.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Layoff and Recall. 14:01 Where there is a reduction in the working force, the following procedures shall be used:
(a) A layoff All probationary employees through the plant shall be laid off first;
(b) Thereafter employees shall be laid off in inverse order of seniority; Provided there are available employees who are able to satisfactorily perform the work to be done. Employees retained must be able to satisfactorily perform the work available and will be allowed a five (5) day familiarization period. For the purpose of this article a familiarization period will be defined as an employee having previously held the classification, backup position or having acquired the same work experience in another classification. When an employee is laid off from their classification, they have three (3) working days from the date of layoff notification to notify the Company in writing of their desire to exercise their seniority and go to another classification for which they are able and qualified to perform. If the employee does not have the seniority to bump into that classification, and it later becomes available as a reduction full time opening, that employee will be allowed the option to exercise their seniority to bump into that classification provided they have put their option in writing within the three (3) day period of layoff and they have the seniority to go. If employees are to be displaced from their current shift as a result of a layoff, the following procedure shall apply:
(a) The Company will provide the Union with the number of employees in required to fill the bargaining unit. No reduction in open positions on the hours of work shall take place to prevent or reduce the impact of layoffday and afternoon shifts.
(b) A permanent layoff The employees will fill the open positions by seniority and will carry their workcell selection to the new shift. In the event the midnight shift is cancelled and the displacement of employees from their work cells will exceed four (4) weeks, work cells will be defined as repicked.
14:02 When there is an increase in the working force after a layoff the reverse of the above layoff procedure shall be followed. Employees recalled must be able to satisfactorily perform the work available and will be allowed a five (5) day familiarization period.
14:03 A list of employees to be laid off shall be made available to the Union at least forty- eight (48) hours prior to the layoff becoming effective. It is understood and agreed that will exceed thirteen (13) weeks due to the Company may give shorter notice of layoff in circumstances beyond the control of the Company.
14:04 In the event of a layoff which lasts longer than the balance of a regular shift upon which the layoff occurs, reduction in the workload. Notice provided working force shall be per Employment Standards Act in accordance with the layoff procedure in 14:01 (ESAabove). The first eight weeks shall be considered working notice. In the event of a proposed layoff reduction of permanent or long-term nature or an amalgamationthe workforce during a shift, the Employer will:
i) Provide Company will canvass high seniority employees within the Union with no less than thirty (30) working days’ notice respective classification, to leave early prior to laying-off the lowest seniority employees for the balance of such layoff or amalgamationthat shift, provided however, those lower seniority employees being retained are capable of performing the work available.
ii) Meet with 14:05 If an employee on layoff notifies the Union Company in writing that he shall not be available for a special period of time and if he would have been recalled during that period of time the Company, subject to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms efficient staffing of the pension plan.
C) Elect plant, will bypass him during the recall and go to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority next most senior employee and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall not be entitled to receive severance pay in accordance with further recall until such time as further employees are recalled and after the Employment Standards Act.
vi) If expiration of the Nurse has specified period of time that he notified the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in Company that area shall he would be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right If an employee elects to exercise the rights outlined in 10.12 (b) be by-passed he will be deemed to be on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ proper notice of layoff or such longer amount of time as provided required by the Employment Standards Act.
(f) Nurses who have been 14:06 When students are employed they shall be laid off before the employees.
14:07 The Plant Chairperson and the Vice Chairperson/Benefits Representative will be required retained at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform.
14:08 If an employee who is off on Sickness and Accident Benefits, or Workers Compensation becomes fit to return to work within seven and so notifies the Company at least one (71) days full work day before the return to work of receiving a notice of recall. Notice of recall their intention to return to work, the employee will be by Registered Mail. The seven paid four (74) days hours pay pursuant to Article 24 of the Collective Agreement if they are not notified prior to their return to work that they were laid off during the period may be extended to fourteenof S & A or WSIB.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. (a) A layoff of employees shall be defined as a reduction made on the basis of seniority, based on an integrated seniority list of all hours paid since date of last hire. It is understood and agreed that through the bumping procedure the first to be laid off are probationary employees followed by those who work casual part-time shifts. No agency or new hires will be used when there is an employee on layoff provided that the employees on layoff will meet the staffing requirements of the number Home. An employee will not be laid off out of employees in seniority order if her lack of qualification for a junior employee’s shift can be remedied by a one (1) day orientation to that shift. An employee will not be denied recall to a shift if her lack of qualification for the bargaining unit. No reduction in the hours of work shall take place recall opportunity can be remedied by a one (1) day orientation to prevent or reduce the impact of layoffthat shift.
(b) A permanent An employee who is subject to layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in shall have the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer willright to:
i) Provide Accept the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.layoff; or
ii) Meet with the Union Opt to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.retire, if eligible; or
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position (as defined in the *Note below) within the bargaining unit, provided that she/he or he she is qualified to perform the available work., without training other than orientation as provided for in 9.10 (a) above; or
Div) Displace a Nurse another employee in the bargaining unit who has lesser bargaining unit seniority and whose work the Nurse employee subject to layoff is qualified to performperform without training other than orientation as provided for in 9.10 (a) above; [*Note: Consistent with Article 9.06 (e), job posting requirements apply prior to the exercise of this transfer option for employees, in receipt of layoff notices. The Employer will provide Accordingly, a familiarization period vacant position within the meaning of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean is a position for which the job posting process has been completed and there is no successful applicant has been appointed.
vfor the position]. The decision of the employee(s) When an employee accepts a long-term layoff, she/he who receive(s) the initial notification of layoff to choose (i) or (ii) or (iii) or (iv) above shall be entitled given to receive severance pay the Administrator in accordance with writing within seven (7) calendar days following the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take notification of the layoff, . Any employee who receives subsequent notification of layoff shall give her decision to the Nurse may Administrator in writing within four (4) calendar days thereafter. Employees failing to do so will be deemed to have disqualified her/himself from Employment Insurance payments according to their rulesaccepted the layoff.
(c) In The Employer and Union will meet and discuss the event of a layoff within a specific geographic area, layoffs at the affected Nurse(s) in that area shall be laid off in earliest opportunity. This discussion will include the reverse order of seniority provided that service which the Nurses who are entitled to remain on Home will undertake after the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basislayoff.
(d) Nurses shall Consistent with the opportunity to chain bump, all employees who may be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall potentially impacted will be provided with a minimum of four (4) weeks’ given notice of potential layoff or such longer amount at the outset of time as provided by the Employment Standards Actprocess.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. 11.01 In the event of there is a proposed layoff of permanent or long-term nature or an amalgamationEmployees, the Employer willfollowing procedure shall apply:
a. Probationary Employees will be laid off first;
b. Employees will be laid off on the basis that the Employee having the least seniority shall be the first to be laid off providing the remaining Employees have the necessary skill and ability to maintain the output and quality required to perform the work in question based on the job description of the position being filled.
c. An Employee in receipt of notice of layoff pursuant to Article XI may:
i) Provide accept the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.layoff; or
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method displace another Employee as per Articles 11.05 and 11.06 of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.this Agreement;
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt opt to retire retire, if eligible under the terms of the OMERS pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified 11.02 No new Employee will be hired to perform the available workwork that an Employee on layoff is capable of performing.
D) Displace 11.03 The Bargaining Units are separately certified, therefore there will be no intermingling of seniority, and layoffs and recalls will occur independently. Casual Employees will not be placed on a Nurse who has lesser seniority list, for layoff and recall purposes, and this clarification shall not apply to them. It is agreed and understood that casual Employees will be laid off prior to any part-time or full-time bargaining unit member receiving a layoff notice. Notwithstanding this, it is understood that the Employer shall consider the seniority and whose preferred work the Nurse subject to layoff location for casual Employees when opportunities for future work become available.
11.04 Bumping is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean seniority. An individual may "bump" into a position for which they have the posting process has been completed skill and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled ability to receive severance pay in accordance with perform the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority job provided that the Nurses position is at the same or lesser wage rate and is currently occupied by an Employee with lesser seniority. In order to bump into a position, the individual must require no training beyond familiarization and orientation.
11.05 a) Those who are entitled bump into another position to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have avoid layoff retain the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled to their original position for twelve (12) months if that position becomes available to be re-filled. If the individual refuses a recall to their original position, they will remain in order of seniority, unless otherwise agreed between the Employer their new position and the Union, provided that senior Nurse is qualified lose all right to perform the available work on the basis of her/his skill, ability, experience, qualification, training and educationbe recalled to their original position.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. (Although it is not the intention of the Employer to lay off Employees, if lay-offs are contemplated:
a) A layoff The Employer shall be defined as give a reduction minimum of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact two (2) months notice of layoff. Pay at the regular rate may be given in lieu of notice in addition to any other benefits accruing to the Employee under this Agreement.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen Within one (131) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working week of such notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice parties shall meet to discuss alternatives. Alternatives to avoid layoffs must be agreed to by both parties prior to any implementation of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area The Employees shall be laid off in the reverse order of seniority provided that and shall be recalled in the Nurses who are entitled to remain on the basis order of seniority provided they are qualified to perform the work availablework. Employees laid off in a specific geographic area shall have If the right recalled Employee is not qualified, but can be reasonably retrained to exercise meet the rights outlined in 10.12 (b) on a site-wide basisrequirements of the recall position, the Employer will recall the Employee and arrange for this training.
(d) Nurses Order of lay-off: The order of lay-off shall be recalled as follows:
a) Employees on limited term appointments, in order of appointment expiry dates
b) probationary appointments, by reverse order of seniority
c) permanent Employees, by reverse order of seniority
e) Permanent Employees who have completed their probationary period and are laid of shall remain on the seniority list for one (1) year, unless otherwise agreed between they have received the retirement allowance as per Article X, Section 3.
f) In the case of recall after lay-off, an Employee’s seniority shall prevail only if the Employee keeps the Employer informed of his/her whereabouts. The Employer shall give notice of recall by registered mail to laid-off Employees at the Employee’s last know address. The Employee must respond to such notice within ten (10) days of delivery or lose the rights of seniority and recall. It is the Union, provided that senior Nurse is qualified Employee’s responsibility to perform inform the available work Employer of any change of address.
g) Commencing on the basis date of her/his skillnotice of lay-off, ability, experience, qualification, training there shall be a freeze on all hiring and educationwork contracted out in the area of work normally performed by members of the bargaining unit. Such freeze shall continue for one year after the lay-off has been implemented and last until all laid-off Employees have been recalled or declined recall.
(eh) Employees subject to layoff shall be provided with An Employee declining a minimum recall for a period of less than four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Actweeks will not lose her/his recall rights.
(fi) Nurses who In the event a position becomes redundant, the incumbent employee shall have been laid off will be required his/her rate of pay red circled at the time of redundancy and this rate shall remain so frozen until regular wage increases and adjustments have increased the rate of pay of the new position to return the level of the position declared redundant. A job declared redundant is one that has ceased to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenexist permanently.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 10.01 For the purposes of this Article, the following definitions shall apply: Layoff: A temporary separation of employment resulting from a lack of work with the intention that the Employee will be recalled at a future date. Recall: The return to work of an Employee on layoff as work becomes available.
10.02 Employees may be only laid off in accordance with the provisions of this Article.
10.03 Except in circumstances beyond the reasonable control of the University, the notice for the layoff of Employees shall normally be as follows:
(a) A fourteen (14) calendar days for all Employees.
10.04 Layoffs within the University will be affected as follows:
(a) Where layoff affects a Casual or Temporary Employee, that Employee’s employment shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.terminated;
(b) A Where layoff affects a permanent layoff will be defined as a layoff Employee, that will exceed thirteen (13) weeks due to a reduction in Employee may assume the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event duties of a proposed layoff of permanent Temporary or long-term nature or an amalgamationCasual Employee, provided the Employer will:
i) Provide Permanent Employee has all the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback required skills, ability and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.education;
(c) In the event of a layoff within a specific geographic areathere are no Temporary or Casual Employees, the affected Nurse(s) in that area shall be laid off in Permanent Employee may assume the reverse order duties of seniority the least senior Permanent Employee provided that the Nurses who are entitled to remain on Employee has all the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.required skills, ability, and education;
(d) Nurses shall In cases where an Employee assumes the duties of a position in a lower classification the Employee’s salary will be recalled adjusted to the closest salary in order the range of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.position;
(e) Employees subject Where a Permanent Employee does not exercise the Employee’s right to layoff assume the duties of a Temporary or Casual position or the duties of the least senior Permanent Employee then the Employee shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who considered to have been laid off off.
10.05 The time spent by Probationary Employees on layoff will be required added to the probationary period at the time of recall.
10.06 For the purposes of Article 11, if the Employee’s status prior to layoff was that of an internal applicant, the Employee shall retain such status during the period of layoff.
10.07 An Employee shall be responsible for providing the University with the Employee’s current address, personal email and phone number for recall purposes.
10.08 Seniority shall continue to accumulate during a period of layoff.
10.09 An Employee shall receive one week’s written notice of recall which shall indicate the reporting time and date.
10.10 Seniority is lost and the University shall not be obliged to recall an Employee:
(a) when the Employee resigns; or
(b) when the Employee does not return to work on recall within three (3) work days of the stated reporting date, or the Employee cannot be located after reasonable effort on the part of the University to recall the Employee; or
(c) Upon the expiry of one hundred eighty (180) calendar days, for all Employees, during which time the Employee has not been recalled to work.
10.11 If a Permanent Employee has not been recalled within one hundred and eighty (180) calendar days from the date of layoff, the Employee shall be entitled to severance pay in the amount of one month of salary for each year of service to a maximum of twelve (12) months of salary. Severance will not be paid to an Employee who resigned, retired, or failed to return to work within seven when recalled. If a permanent Employee who has been laid off accepts a temporary or casual position, the one hundred and eighty (7180) days shall accumulate and if the Employee has not been recalled at the end of receiving this period, the Employee shall receive severance pay.
10.12 Should a notice Permanent Employee’s position, while on layoff, be discontinued, the Employee shall be eligible for the provisions of recallArticle 35.
10.13 An Employee who is laid off under this Article and who at the commencement of the layoff is participating in the Long Term Disability Plan, the Extended Health Care Plan, the Dental Plan, or the Group Life Insurance Plan, may elect to continue existing coverage under these plans during the layoff period. Notice If the Employee chooses not to continue to submit the total required premium, coverage will cease, and the Employee shall not be entitled to any benefits under these plans. If the Employee elects to maintain coverage the Employee shall submit both the Employer and Employee shares of recall the premium contributions, unless a Permanent Employee accepts a temporary or casual position, in which case, the Employer will be by Registered Mail. The seven (7) days period may be extended continue to fourteencontribute their shares as before the layoff.
10.14 This Article does not apply to Employees whose employment is terminated at the end of a specific term of employment.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. (a) A layoff All qualified employees shall be defined eligible to submit a bid, in writing, requesting a permanent transfer to the position vacancy. To be considered, the bid must have been filed with the Prosecuting Attorney within the time period specified in the posting. Bids shall be considered first from those who work as a reduction of the number of regular full-time employees in within the bargaining unit. No reduction in the hours of work shall take place In order to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as awarded a layoff that will exceed thirteen (13) weeks due transfer to a reduction position vacancy, the regular full-time employee must possess, at the time of the award, the minimum qualifications required for that position as set forth in Appendix B. If two or more regular full-time employees possess such minimum qualifications, the workload. Notice provided permanent transfer shall be per Employment Standards Act (ESA)awarded to the employee the Prosecutor determines to be the most qualified, subject to the Prosecutor's agreement that such determination shall not be arbitrary and capricious. The first eight weeks Prosecuting Attorney shall be considered working noticepost notice of the successful bidder, if any, within ten (10) work days after the close of bidding. In the event of no qualified bidders properly submit a proposed layoff of permanent or long-term nature or an amalgamationtimely bid, the Employer will:
i) Provide Prosecuting Attorney may fill the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with posted vacancy by hiring a qualified person from outside the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) bargaining unit. Any other alternatives.
iii) A Nurse who has been notified of regular full-time employee awarded a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to regular position vacancy shall have a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization trial period of up to thirty-seven point five three (37.53) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mailmonths. The seven (7) days trial period may be extended by mutual written agreement between the Prosecuting Attorney and the Union. During the trial period the employee shall be given proper training for the new position. The Prosecuting Attorney may disqualify an employee prior to fourteenthe completion of the three (3) month period (or such extended trial period as may be agreed to between the Prosecuting Attorney and the Union), where it is clear the employee lacks the ability to perform the duties required of the new position. An employee who is disqualified shall be returned to his former position and rate of pay. The employee may also elect to return to his former position and rate of pay during this same three (3) month trial period. An employee who successfully bids for and is awarded a permanent position transfer shall not have his/her date-of-service seniority changed for the purpose of layoff and recall or future step increase.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. (ai) A layoff shall be defined as a reduction the cancellation of the number entirety of employees in an employee’s previously scheduled shift by the bargaining unitEmployer. No reduction in This definition shall not apply to, and a layoff shall not include, situations where the hours cancellation is due to circumstances beyond the control of work shall take place the Employer, including but not limited to prevent or reduce the impact of layoffemergencies, inclement weather, power outages, etc.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic arealayoff, the affected Nurse(s) in that area nurses shall be laid off in the reverse order of seniority provided that the Nurses nurses who are entitled to remain on the basis of seniority are qualified to perform the work availableavailable work. Employees Subject to the foregoing, probationary nurses shall be the first to be laid off in a specific geographic area off. Relief nurses shall have not be utilized while there are full-time or regular part-time on layoff.
(b) A nurse who has received no less than ninety (90) days’ notice of an impending layoff may;
(i) accept the layoff; or
(ii) exercise the right to exercise bump or displace another nurse who has lesser bargaining unit seniority if qualified to perform the rights outlined work.
(iii) A nurse below a FTE of 1.0 does not have the ability to bump a nurse regardless of seniority that does have a FTE of 1.0. Bethesda will agree to include in 10.12 XXX’s grandfathering clause.
(bc) All full-time and part-time nurses represented by the Union who are on layoff will be given a sitejob opportunity in the full-wide basistime or the part- time categories before any new nurse is hired, if the nurse(s) is qualified to perform the work.
(d) Nurses Full-time and part-time layoffs and recall rights shall be separate.
(e) In the event of a proposed layoff, the Employer shall provide no less than thirty (30) days’ notice to the Union concurrent with the 90 days’ notice required to the individual nurse of such layoff and shall meet with the Union to review the following:
(i) the reasons causing the layoff;
(ii) the service which the Employer will undertake after the layoff;
(iii) the method of implementation including the areas of cutback and the nurses to be laid off. NB: The nurse’s Employment Standards Act notice period shall run concurrently with the nurse’s 90 day notice period required in this article above.
(f) Full-time and part-time nurses shall be recalled in order of seniority. In cases of recall from layoff, unless otherwise agreed between nurses may be provided with any orientation determined by either the Employer and nurse or the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and educationemployer. A request by such nurse for orientation shall not be unreasonably denied.
(eg) Employees subject to layoff It shall be provided with a minimum the duty of four (4) weeks’ notice each nurse to notify the Employer promptly of layoff or such longer amount of time as provided any change in address. Notice required by the Employment Standards ActEmployer shall be deemed to be given if forwarded to the nurse at the last address of which the Employer had notice.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. (a) A “short-term layoff” shall mean any layoff which is not anticipated to exceed three (3) months in length. A “long-term layoff” shall mean any layoff which is not a short-term layoff. The layoff of employees shall be defined in reverse order of seniority providing that employees remaining are qualified to perform the available work. Probationary employees shall be laid off first. Full-time lay-offs shall be separate from Part-time lay-offs. Notwithstanding this provision, when Full-time or Part-time employees choose to bump and there are no employees with less seniority on the applicable Full-time or Part- time seniority list as a reduction the case may be, then the lists will be merged for purposes of bumping. Consistent with the opportunity to bump, all employees who are potentially impacted will be given notice of lay-off at the outset of the number process. The decision of employees the employee to choose to bump must be given to the Employer in writing within 7 calendar days following the bargaining unitnotification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off. No reduction agency or new hires will be used when there is an employee on lay-off provided that the employees on lay-off are qualified to perform the available work. Recall to a regular Part-time or Full-time position shall be in order of seniority. Notice of recall will be sent by registered mail. An employee will respond within 7 calendar days and shall be available for work within an additional 14 days unless otherwise agreed. The Employer and Union will meet and discuss the hours of work shall take place to prevent or reduce layoffs at the impact of layoffearliest opportunity. This discussion will include the service which the Home will undertake after the lay-off.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff pending lay-off of a permanent or long-long term nature or an amalgamationnature, the Employer will:
i) Provide provide to the Union with no less than thirty at least ninety (3090) working days’ days written notice, or the notice of such layoff or amalgamationgiven to the most senior employee laid off, whichever is greater.
ii) Meet meet with the Union to review the following:
A) The the reasons causing the layoff or amalgamation.layoff;
B) The the service that which the Employer will undertake after the layoff.lay- off;
C) Method the method of implementation implementation, including the areas of cutback and the Nurses employees to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) It is understood that permanent or long term nature means a lay-off which will be longer than thirteen (13) weeks. In the event of a layoff lay-off of a permanent or long-term nature, or the elimination of a position within a specific geographic areathe bargaining unit, the Employer shall:
i) provide the Union with no less than ninety (90) days written notice of the proposed layoff or elimination of position: and
ii) provide to the affected Nurse(semployee(s), if any, no less than ninety (90) days written notice of layoff, or pay in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basislieu thereof.
(d) Nurses shall Severance pay will be recalled in order accordance with the provisions of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(fe) Nurses who have been laid off will be required are on layoff may continue to return participate, for a maximum period of the earlier of one (1) year or re-employment, in the extended health care and dental benefits plan in which they were enrolled prior to work within seven (7) days layoff, provided the nurses make arrangement satisfactory to the employer for the pre- payment of receiving a notice 100% of recall. Notice the cost of recall will be by Registered Mail. The seven (7) days period may be extended the premiums necessary to fourteenmaintain such enrolment.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall.
(a) A layoff Layoff of auxiliary employees shall be by classification in reverse order of service seniority within a ministry seniority unit as defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoffcomponent agreements.
(b) A permanent Auxiliary employees on layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniorityservice seniority within a ministry seniority unit, unless otherwise provided the auxiliary employee is qualified to carry out the work which is available.
(c) Notwithstanding (a) above, auxiliary employees hired for seasonal work or a term certain shall be laid off upon completion of the season or term and shall be subject to recall procedures in accordance with (b) above.
(d) Auxiliary employees hired pursuant to Article 34—Special Employment Programs, or for special projects, as mutually agreed to between the Employer and the Union, provided that senior Nurse is qualified to perform shall be considered terminated for cause in accordance with Clause 31.4(a)—Loss of Seniority upon completion of their project or program. The Employer will provide the available work on Union with a copy of each appointment letter for employees hired under Clause 31.5(d)—Layoff and Recall, within 30 days of the basis of her/his skill, ability, experience, qualification, training and educationappointment.
(e) Employees subject Ministries will schedule time periods during which auxiliary employees on layoff will be contacted as work is available. These scheduled time periods will be established by seniority units based on the scheduling patterns for that unit, such that auxiliary employees will not be required to layoff shall be provided available more than three hours on any one day or for more than one period per shift, at their contact point established pursuant to (g) below. Calls made to auxiliary employees outside of the scheduled time periods will be treated in accordance with a minimum the applicable sections of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Actthis article.
(f) Nurses Auxiliary employees will be advised, in writing, of the scheduled time periods and of any changes thereto. Auxiliary employees, on layoff, are required to be personally available at their contact point during these scheduled time periods. The exceptions to this provision are detailed in (h) and (j) below.
(g) Auxiliary employees will provide a direct communication link that will give them personal contact with their work unit/recall section. This communication link must be appropriate to the ministry's operation and may include telephone, radio telephone, pager, public media, on call boards, written communication, etc.
(i)
(1) Where a written communication link is established, a single attempt by registered mail will be made to contact the auxiliary employees.
(2) Where telephone/radio telephone communication is used, two attempts, at least five minutes apart, will be made to contact the auxiliary employees.
(3) Where a pager is used, a single attempt will be made and the auxiliary employee must respond to the Employer within five minutes of the page. Notwithstanding the above, in the case of an emergency situation, a single verbal attempt will be made to contact the auxiliary employees. Auxiliary employees are responsible for advising their work unit/recall section, in writing, of their current phone number, address, radio call numbers, etc., as established in (g) above, and for the accuracy and completeness of the information provided. Where public communication or display media are used by the ministry to advise auxiliary employees of work available, the auxiliary employees will check such media in the manner indicated by the ministry. Auxiliary employees are responsible for maintaining the necessary equipment required to receive notice, in an operable condition, except where such maintenance is beyond their control.
(j) Auxiliary employees on layoff who have been laid off experience problems with their communication link established under (g) above, or who will not be available at their contact point during the scheduled time period for those reasons outlined in (n) below, are required to contact their work unit/recall section in advance of the scheduled time periods as designated by the ministry. The auxiliary employees may be required to return contact their work unit/recall section during the scheduled time period to obtain a specific work within seven schedule, etc.
(k) Ministries unable to contact auxiliary employees during the scheduled time periods established in (e) above, will immediately advise the employees by registered mail of the date, time and result of the contact attempt(s), and that they are considered to have been unavailable for work for purposes of Clause 31.4(d)—Loss of Seniority. Ministries unable to contact auxiliary employees outside of the scheduled time periods will not count such unavailability for purposes of Clause 31.4(d)—Loss of Seniority except as specified in (l) below.
(l) Where auxiliary employees are contacted outside of the scheduled time periods and decline work in an emergency situation, other than for reasons outlined in (n) below, they will be considered to have declined work for purposes of Clause 31.4(d)—Loss of Seniority.
(m) Where auxiliary employees are contacted during the scheduled time periods established in (e) above, and decline the work offered, such decline will be considered to be a decline for purposes of Clause 31.4(d)—Loss of Seniority.
(n) Auxiliary employees who are unavailable in the following circumstances, and who call in to their work unit/recall section at the times designated by the ministry, will not have the decline or unavailability count as an occurrence for purposes of Clause 31.4(d)—Loss of Seniority:
(1) absence on a WCB claim;
(2) maternity leave, parental leave or adoption leave;
(3) absence on bereavement as per Clause 31.6(c)—Application of Agreement;
(4) leave to participate in activities of a Reserve Component of the Canadian Armed Forces;
(5) illness; proof of illness may be required if the absence is greater than five days or where it appears a pattern of consistent or frequent absence is developing;
(6) illness of, or inability to obtain child care for a dependent child of an auxiliary employee, where no one other than the employee can care for the child. Proof of illness or inability to obtain child care may be required if a pattern of consistent absence is developing. Such leave will not exceed two days;
(7) Union leave per Clause 2.10—Time Off for Union Business;
(8) jury duty;
(9) medical or dental appointments;
(10) approved leave under Clause 31.11(b)—Annual Vacations;
(11) an offer of work which is less than 3½ hours duration;
(12) an offer of work which would constitute a short changeover (Clause 15.4—Short Changeover Premium). Employees who decline work pursuant to (11) or (12) will remain eligible to be recalled for other available work on the same day and to accept or decline that work in accordance with the terms of this agreement.
(o) Auxiliary employees subject to recall shall lose their service and classification seniority and shall be considered terminated for just cause where they are unavailable for or decline work on four separate occasions2 in the calendar periods between April 1 and September 30 inclusive or October 1 and March 31 inclusive.
(p) (1) Auxiliary employees, with the agreement of the Employer, may specify days and/or times of receiving a notice of recallavailability. Notice of recall will Such agreed to days and/or times and any agreed to alterations thereto, shall be by Registered Mail. The seven (7) in writing and include the days period may be extended to fourteenand/or times, and effective date.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Layoff and Recall. (a) 14.01 A layoff lay-off shall be defined as a reduction of the number of employees in the bargaining unit. No workforce or a reduction in the regular hours of work of an Employee as defined in this Agreement.
14.02 The Employer shall as soon as possible, prior to laying off any Employee or group of Employees for any period, make its management representatives available to meet with Union representatives to discuss how layoffs may be avoided and/or the selection of Employees to be laid off. The foregoing shall not, however, prevent the Employer from giving notice of layoff as may be required to Employees prior to any such discussion, which may take place with representatives of the Union.
14.03 In the event of a layoff, the following procedure will apply:
(a) No Permanent Employee shall be laid off prior to prevent Temporary Employees and Contract Workers provided that the Permanent Employee is fully qualified and willing to perform the work, which remains available. This provision shall not apply to a Temporary Employee replacing a Permanent Employee on a leave of absence, or reduce in cases where the impact of layoffTemporary Employee or Contract Worker is performing work, which no Permanent Employee is fully qualified and willing to satisfactorily perform.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet Permanent Employees must begin with the Union to review least senior Employee in their pay grade based on the following:
A) The reasons causing the layoff or amalgamation.
B) The service seniority in effect as of that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by date with the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay take place in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who remaining Employees are entitled fully qualified and willing to remain on the basis of seniority are qualified to satisfactorily perform the work which is available. Employees It is understood that part-time employees shall not be able to displace full-time employees.
(c) Any employee who is laid off in a specific geographic area shall have has the right under this clause to exercise displace the rights outlined least senior employee in 10.12 (b) on a site-wide basistheir pay grade or the next lower pay grade for whose job they possess the necessary qualifications to perform. In the event the employee does not possess the necessary qualifications of their same or one lower pay grade they shall be considered laid off.
(d) Nurses Employees shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, seniority provided that senior Nurse is they are qualified to satisfactorily perform the available work on duties of the basis of her/his skill, ability, experience, qualification, training and educationpositions to be filled.
(e) Employees subject to layoff Notice of recall shall be provided sent by registered mail to the Employee's last known address. The Employer and the Employee shall negotiate a return-to-work date which will be no later than fifteen (15) working days from the date of mailing indicated on the Canada Post mailing receipt. An Employee may choose to remain on layoff, with full recall rights, if they are offered recall to a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by position other than their own. If the Employment Standards ActEmployee fails to appear for the return date, recall rights shall be forfeited, unless the Employee has rescheduled the return date with the Employer's consent.
(f) Nurses An Employee who have is laid off shall be notified of all job postings for a period of eighteen (18) months from the date of layoff. Employees who are laid off are eligible to apply as internal candidates in response to internal job postings.
(g) Where an Employee has been laid off will in accordance with this Article and recalled within eighteen (18) months, the period of time on layoff shall not be required to return to work within seven included in determining the length of continuous service.
(7h) days of receiving a notice of recall. Notice An Employee who has been on layoff for more than eighteen (18) months shall lose right of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenand seniority.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall.
30.01 It is the exclusive right of the Employer to:
(a) A layoff shall be defined as a reduction of establish, and vary from time to time the job classifications and the number of employees Employees if any, to be employed in any classification, or in any work place of the Centre; and
(b) assign to other classifications any, or all, of the duties normally performed by classifications of this bargaining unitunit when Employees from within this bargaining unit are not available.
(a) The Parties recognize the value of meeting prior to a layoff process occurring. No reduction in The purpose of this meeting is to discuss the hours process of work shall how layoffs will take place place, review the current seniority list and discuss other relevant factors the Parties agree upon. The Parties will also discuss the process to prevent or reduce the impact be followed for Employees on approved leave of layoffabsence, WCB benefits.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks When, in the opinion of the Employer, it becomes necessary to displace an Employee, due to a reduction of the work force, or wholly or partly discontinue an undertaking, activity or service, or reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event regularly scheduled hours of work of a proposed layoff of permanent or long-term nature or an amalgamationregular Employee, the Employer will:
i) Provide will notify the Union with no Employee not less than thirty fourteen (3014) working calendar days prior to the date of layoff, except that the fourteen (14) calendar days’ notice shall not apply where layoff results from an act of such layoff God, fire, flood or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined stoppage by the Employer.
iv) In Employees not covered by this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rulesCollective Agreement.
(c) In Where the event layoff results from an act of a layoff within a specific geographic areaGod, fire or flood, the affected Nurse(snot less than fourteen (14) calendar days’ notice is not required but up to two (2) weeks’ pay in that area lieu thereof based on regularly scheduled hours worked during this period shall be laid off in the reverse order of seniority provided that the Nurses who are entitled paid to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basisaffected Employees.
(d) Nurses shall be recalled To assist the Employee in order indicating their preference of seniorityalternate positions, unless otherwise agreed between the Employer Employee will have access to seniority lists, shift schedules, and a list of positions available prior to the Union, provided that senior Nurse is qualified to perform consultation with the available work on the basis of her/his skill, ability, experience, qualification, training and educationEmployer.
(e) Employees subject to layoff shall A consultation meeting will be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided arranged by the Employment Standards ActEmployer between the Employee, the Employer representative(s) and the Union representative(s). The consultation process will not be unreasonably delayed as a result of the unavailability of the Union representative.
(f) Nurses who have been laid off will be required The Employee, through consultation with the Employer, shall indicate a preference of positions by selecting a position in the same classification and FTE or less, which is vacant first, then by selecting to return to work displace the Employee with the least seniority in the same classification and FTE or less. Following consultation with the Employee, the Employer may place her in a position within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenthe same classification and FTE.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 32.01 It is the exclusive right of the Employer to:
(a) A layoff shall be defined as a reduction of establish, and vary from time to time the job classifications and the number of employees Employees if any, to be employed in any classification, or in any work place of the bargaining unitCentre; and
(b) assign to other classifications any, or all, of the duties normally performed by classifications of this Bargaining Unit when Employees from within this Bargaining Unit are not available.
(a) The Parties recognize the value of meeting prior to a layoff process occurring. No reduction in The purpose of this meeting is to discuss the hours process of work shall how layoffs will take place place, review the current seniority list and discuss other relevant factors the Parties agree upon. The Parties will also discuss the process to prevent be followed for Employees on approved leave of absence, WCB, STD or reduce the impact of layoffLTD insurance benefits.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks When, in the opinion of the Employer, it becomes necessary to displace an Employee, due to a reduction of the work force, or reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event regularly scheduled hours of work of a proposed layoff of permanent Regular Employee, or long-term nature wholly or partly discontinue an amalgamationundertaking, activity or service, the Employer will:
iwill notify the Employee fourteen (14) Provide calendar days prior to the Union with no less than thirty date of layoff, except that the fourteen (3014) working calendar days’ notice shall not apply where layoff results from an act of such layoff God, fire, flood or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined stoppage by the Employer.
iv) In Employees not covered by this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rulesCollective Agreement.
(c) In Where the event layoff results from an act of a layoff within a specific geographic areaGod, fire or flood, the affected Nurse(sfourteen (14) calendar days’ notice is not required but up to two (2) weeks’ pay in that area lieu thereof based on regularly scheduled hours worked during this period shall be laid off in the reverse order of seniority provided that the Nurses who are entitled paid to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basisaffected Employees.
(d) Nurses shall be recalled To assist the Employee in order indicating their preference of seniorityalternate positions, unless otherwise agreed between the Employer Employee will have access to seniority lists, shift schedules, and a list of positions available prior to the Union, provided that senior Nurse is qualified to perform consultation with the available work on the basis of her/his skill, ability, experience, qualification, training and educationEmployer.
(e) Employees subject to layoff shall A consultation meeting will be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided arranged by the Employment Standards ActEmployer between the Employee, the Employer representative(s) and the Union representative(s). The consultation process will not be unreasonably delayed as a result of the unavailability of the Union representative.
(fi) Nurses who have been laid off will be required The Employee, through consultation with the Employer, shall indicate a preference of positions for which she has the requisite skill, training, and knowledge to return perform the work by selecting a position in the same classification which are vacant or, by selecting to work displace an Employee with less seniority in the same classification. Following consultation with the Employee, the Employer shall place her in a position within seven the same classification where operational requirements permit in the same status for which she has the requisite skill, training and knowledge to perform the work.
(7ii) days Where there are no positions of receiving any status in the same classification as the Employee’s current position, the Employee may indicate a notice of recall. Notice of recall will be preference for an alternative position which is vacant or occupied by Registered Mail. The seven (7) days period may be extended to fourteena less senior Employee in a classification in a lower pay grade.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A For full-time employees layoff shall be defined as a reduction of mean the number of employees in the bargaining unit. No discontinuation or reduction in the hours of work shall take place to prevent or reduce the impact of layoffa full-time position(s).
(b) A permanent For regular part-time employees layoff shall mean the discontinuation or reduction in hours of a part-time position(s).
(a) In the event of a layoff, employees will be laid off in the reverse order of their seniority provided that the employees retained meet the essential requirements of the job. Employees shall be recalled in order of their seniority provided they meet the essential requirements of the job.
(b) Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff.
(c) For the operation of 14.02 (b), temporary vacancy shall be defined as a layoff that will exceed thirteen sick leave, vacation, leave of absence or any other paid or unpaid leave.
(13d) weeks due to a reduction in the workload. Notice provided No new employees shall be per Employment Standards Act hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
14.03 A Layoff Committee shall be established consisting of three (ESA)3) representatives of the Union and up to three (3) representatives of the Employer. The first eight weeks Union representation shall be considered working noticeconsist of the President, Chief Xxxxxxx and the National Staff Representative. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union Layoff Committee shall meet to review the following:
Ai) The reasons the reason causing the layoff or amalgamation.layoff;
Bii) The the service that the Employer will undertake after the layoff.;
Ciii) Method the method of implementation including the areas of cutback cut-back and the Nurses employees to be laid off;
iv) to review the reasons and expected duration of any bed cutback or cutback in service, any realignment of service or staff and its effect on employees in the bargaining unit;
v) workload.
D) Any other alternatives.
iii) A Nurse who has been notified 14.04 In the event of a proposed layoff of a permanent or long-term nature, the Employer shall give at least sixty (60) days’ notice of layoff for employees who will be laid off, unless the employees are entitled to more notice under the Employment Standards Act, in which case they will receive the notice provided for under the Act. Where an employee is laid off contrary to this Article, the Employer shall pay the employee termination pay at the employee's regular straight time hourly rate of pay for the period of notice that ought to have been given. The Employer shall not be required to give notice or pay in lieu thereof in the event of a disaster, such as a fire, flood, act of God or epidemic.
14.05 An employee in receipt of notice of layoff pursuant to Article 14.04 may:
A(a) Accept accept the layoff., or
B(b) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse displace another employee who has lesser bargaining unit seniority and whose work in the Nurse same, or a lower, or an identical paying classification in the bargaining unit, provided the employee originally subject to layoff is qualified has the ability to performmeet the normal requirements of the job. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an An employee accepts a long-term layoff, she/he so displaced shall be entitled deemed to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will and shall be required subject to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenin accordance with Article 14.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff lay-off shall not be defined as a reduction considered to have occurred for purposes of this Collective Agreement unless the number of employees in the bargaining unit. No reduction in the hours of Employer is unable to provide an employee with work shall take place to prevent or reduce the impact of layofffor more than five (5) consecutive shifts.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided All employees shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses selected to be laid off.
D) Any off or recalled on the basis of their seniority on the seniority list relative to other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept employees in the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hoursjob classification, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority more junior employee to bump someone be laid off first and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rulesrecalled last.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in An employee notified that area shall she is to be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise bump any other employee with less bargaining unit seniority in a lower rated or equivalent classification provided that the rights outlined in 10.12 bumping employee has the requisite skill, ability, qualifications and experience to perform the available work and further provided that a Regular Part-Time Employee may not displace a Full-Time Employee. A bumping employee shall advise the Employer of his or her bumping preferences within two (b2) on days of receiving the notice of lay-off. In all cases where a site-wide basisvacancy exists for which the bumping employee has the requisite skill, ability, qualifications and experience, that vacancy shall be deemed to be the employee’s preference.
(d) Nurses A copy of any notice of lay-off shall be recalled in order of seniority, unless otherwise agreed between provided to the Employer and the Union, provided that senior Nurse is qualified to perform the available work Union on the basis of her/his skill, ability, experience, qualification, training and educationsame day that it is provided to the affected employee.
(e) Employees subject After 35 weeks from the date a lay-off commenced, an employee may elect to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided receive the severance pay, if any, prescribed by the Employment Standards ActAct and relinquish any seniority rights and right to be recalled to employment.
(f) Nurses An employee who have been has not received a notice that they are to be laid off under this Article may offer to the Employer that she be selected to be laid off and, in the case that the Employer accepts that offer, the offering employee will, notwithstanding anything to the contrary contained in this Agreement, be deemed to be properly laid off without the right to displace a more junior employee.
(g) Notwithstanding Article 10.01 (b), an employee who has maintained seniority rights under this Agreement will only be required to return recalled to work within seven (7) if the employer expects that there is available work for which the laid off employee possesses the requisite skill, ability and qualifications to perform and which will permit the employee to remain actively employed for at least 30 days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenfrom the date that she is recalled.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to Section la When there is a reduction in the workload. Notice provided working force the following procedure shall be per Employment Standards Act used:
(ESA)a) Probationary employees shall be laid off first, excepting skilled trades journeymen. Employees will be laid off according to inverse seniority, provided there are available employees who are able to do the work of the employee or employees to be laid off. Section Whenever the question of ability becomes a dispute during a layoff or recall, the following procedure shall apply. The first eight weeks employee or employees involved in such a dispute shall be considered placed on the job in dispute and shall be given up to a ten (10) day trial period to prove that he is able or not able of doing the work. Section When there is an increase in the working noticeforce after a layoff, employees shall be recalled to work according to their seniority, provided the employees who are to be recalled can do the work. In Section When there is a reduction in the working force, the names of employees so affected will be supplied to the Committee Chairman. Section Notwithstanding his seniority status, a member of the Committee in the event of a proposed layoff of permanent or long-term nature or an amalgamationlayoff, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to shall be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or continued at work as long as work is available in his classification which he is qualified able to perform do and thereafter, shall be continued at other work in the plant as long as other work is available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject which he is able to layoff is qualified to performdo. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When ARTICLE CALL BACK PAY Section Provided an employee accepts a long-term layoff, she/has clocked out and has left the Company premises and is called back to the plant for work he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of two (2) hours pay at the straight time rate for such time worked plus applicable overtime. In addition he will receive two (2) hours pay at the straight time rate as a call back premium. Section Industrial technicians called in on an emergency basis will receive two hours at their straight time rate as a call in premium, and applicable overtime for the work performed. In addition, where the work is less than two hours long the Company will pay at the straight time hourly rate the difference between time worked and two hours. This is to cover the Saturday afternoon shift and Sunday afternoon shift for unscheduled breakdowns and is to overtime required by the Industrial Technicians Department, not replace it. ARTICLE REPORTING PAY Section It is agreed that the Company will pay four (4) weeks’ notice hours pay at the regular rate to an employee who is allowed to report for work and for whom work is not available, except when work is not available because of layoff fire, flood, breakdown of equipment, power shortage, union dispute or such longer amount any other condition that is beyond the control of time as provided by the Employment Standards ActCompany.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff In the event of layoff, the Facility shall be defined as a reduction of the number of lay off employees in the bargaining unit. No reduction in the hours reverse order of work shall take place to prevent or reduce the impact their seniority based on date of layoffhire.
(b) A permanent An employee subject to layoff will be defined as a layoff that will exceed thirteen (13) weeks due shall have the right to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer willeither:
(i) Provide accept the Union with no less than thirty layoff; or
(30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse displace an employee who has lesser bargaining unit seniority and whose work the Nurse subject to layoff seniority, who is qualified and able to performperform the duties and who is the least senior employee in the employees preferred shift; or
(iii) the decision of the employee to choose (i) or (ii) above shall be given in writing to the designated Facility representative within five (5) working days (excluding Saturdays, Sundays and paid holidays) following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. An employee shall have the opportunity of recall from a layoff to an available opening, in order of seniority, provided she or he has the ability and qualifications to perform the work before such opening is filled on a regular basis under a job posting procedure. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by posting procedure in the Employer.
iv) In this Article, a “vacant position” Collective Agreement shall mean a position for which not apply until the posting recall process has been completed completed. In determining the ability and no successful applicant has been appointed.
v) When qualifications of an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with perform the Employment Standards Act.
vi) If work for the Nurse has purposes of the seniority to bump someone and chooses instead to take the layoffparagraph above, the Nurse may have disqualified her/himself from Employment Insurance payments according Facility shall not act in an arbitrary or unfair manner. Any dispute can be referred to their rulesarbitration.
(c) In the event of An employee recalled to work in a layoff within a specific geographic area, the affected Nurse(s) in that area shall be different classification from which she or he was laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right privilege of returning to exercise the rights outlined in 10.12 position she or he held prior to the layoff should it become vacant within six (b6) on a site-wide basismonths of being recalled.
(d) Nurses No new employees shall be recalled hired until all those laid off have been given an opportunity to return to work and have failed to do so, in order accordance with the loss of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and educationseniority provision.
(e) Employees subject It is the sole responsibility of the employee who has been l aid off to layoff notify the Facility of her/his intention to return to work within five (5) working days (exclusive of Saturdays, Sundays and paid holidays) after being notified to do so by registered mail, addressed to the last address on record with the Facili ty (which notification shall be provided deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for her/his proper address being on record with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards ActFacility.
(f) Nurses Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who have has been laid off will recalled to such temporary vacancy shall not be required to return accept such recall and may instead remain on layoff.
(g) No full time employee within the bargaining unit shall be laid off by reason of her/his duties being assigned to work within seven one or more part time employees.
(7h) days of receiving a notice of recall. Notice A laid off post probationary employee shall retain the rights of recall will be by Registered Mail. The seven for a period of twenty-four (724) days period may be extended to fourteenmonths.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) Full Time Employees and Regular Part Time Employees Only)
12.01 A layoff shall be defined as a the reduction of one or more bargaining unit positions. A “temporary layoff” shall be as defined in the number Employment Standards Act, 2000. A “permanent or long-term layoff” shall mean a layoff which is lengthier than a temporary layoff.
12.02 It is agreed and understood that the layoff and recall of full-time positions shall be separate and apart from the layoff and recall of regular part-time positions.
12.03 The Employer will not act arbitrarily or in bad faith in establishing said requirements and affected applicants.
(a) Subject to paragraph (b), if the Employer determines that a layoff is necessary in a program (currently VAW and family programs), it shall layoff employees in reverse order of seniority provided that skill, ability, related experience, qualifications and evaluations are relatively equal. It is understood that the bargaining unit. No reduction in Employer shall be the hours sole judge of work shall take place to prevent or reduce the impact overall requirements for the positions and the sole judge of layoffassessing the applicants against the above factors.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction Probationary employees in the workload. Notice provided program affected by the layoff shall be per Employment Standards Act laid off (ESA). The first eight weeks shall be considered working notice. in the reverse order of their dates of hire) before employees with seniority.
12.04 In the event of a proposed layoff of a permanent or long-long term nature or an amalgamationnature, the Employer will:
i) Provide will provide the Union with no less than at least thirty (30) working days’ business days (excluding Saturdays, Sundays and Statutory Holidays) notice. This notice of such layoff or amalgamation.
ii) Meet is not in addition to the required notice for individual employees. The Employer agrees to meet with the Union to review discuss the following:
A(a) The reasons reason(s) causing the layoff or amalgamation.layoff;
B(b) The service that the Employer will undertake after the layoff.
C) Method method of implementation including the areas of cutback and the Nurses employees to be laid off;
(c) Ways in which the parties may be able to assist laid off or displaced employees to seek other employment. Any agreement reached between the Employer and the Union regarding the method of implementation of the layoff shall super cede the provisions of this Collective Agreement to the extent that there is conflict.
D) Any other alternatives.
iii) A Nurse 12.05 An employee who has been notified of is subject to a permanent temporary layoff mayshall have the right to either:
A(a) Accept the layoff., or;
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D(b) Displace a Nurse who has an employee with lesser bargaining unit seniority and whose work who is the Nurse least senior employee in a lower or identical paying position as the laid off employee, if the employee originally subject to layoff is qualified has the skill, ability and qualifications to performperform the duties of the lower or identical paying position without training other than a minimum of one
(1) day orientation. Such employees so displaced shall be laid off. The employee’s choice of either (a) or (b) above shall be given in writing to the supervisor within five (5) working days following the notification of layoff. An employee failing to do so will be deemed to have accepted the layoff.
12.06 In the event of a layoff of a permanent or long-term nature, the Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay affected employees with notice in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority , 2000, as amended. An employee who is subject to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a permanent or long term layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise either:
(a) Accept the rights outlined in 10.12 layoff;
(b) on Displace an employee with lesser bargaining unit seniority and who is the least senior employee in a site-wide basislower or identical paying position in the bargaining unit, if the employee originally subject to layoff has the skill, ability and qualifications to perform the duties of the lower or identical paying position without training other than a minimum of one (1) day orientation. Such employees so displaced shall be laid off. The employee’s choice of either (a), (b) above shall be given in writing to the supervisor within five (5) working days following the notification of layoff. An employee failing to do so will be deemed to have accepted the layoff.
(d) Nurses 12.07 An employee shall be recalled have the opportunity of recall from a layoff to an available opening, in order of seniority, unless otherwise agreed between provided the Employer employee has the qualifications, skill and the Union, provided that senior Nurse is qualified ability to perform the available work on the basis of her/his skill, ability, experience, qualification, without training and education.
(e) Employees subject to layoff shall be provided with other than a minimum of four one (41) weeks’ day orientation, before such opening is filled on a regular basis under the job posting procedure. The job posting procedure shall not apply until the recall process has been completed.
12.08 An employee recalled to work in a different classification from which he/she was laid off shall be entitled to return to the position the employee held prior to the layoff should this position become vacant within one (1) year of the layoff, provided that the employee remains qualified to perform the duties of the employee’s former position. The employee shall receive the appropriate rate of pay for that position at the time of recall.
12.09 No new employees will be hired into a classification where employees are on layoff with recall rights under the provision of the collective agreement, until such laid off employees have been offered a recall in accordance with Article 12.07.
12.10 The Employer shall notify the employee of the recall opportunity by registered mail, addressed to the last address on record with the Employer (such notification shall be deemed to be received on the fifth calendar day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time of which the employee shall report to work. Such employee must signify the employee’s intention to return to work within three (3) Administrative Office business days after he/she received the notice of layoff or such longer amount of time as provided by recall and the Employment Standards Act.
(f) Nurses who have been laid off will be required to return employee must report to work within seven (7) calendar days after receipt of receiving a notice of recall. Notice recall or such further period of recall will time as may be by Registered Mail. agreed upon between the Employer and the employee.
12.11 The seven employee is solely responsible for their proper address and telephone number being on record with the Employer
12.12 The Employer shall maintain its portion of the premium costs for the health and welfare benefit package thirty (730) days period may be extended to fourteenfrom the date of layoff provided the employee pays their portion in advance.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 32.01 It is the exclusive right of the Employer to:
(a) A layoff shall be defined as a reduction of establish, and vary from time to time the job classifications and the number of employees Employees if any, to be employed in any classification, or in any work place of the Centre; and
(b) assign to other classifications any, or all, of the duties normally performed by classifications of this bargaining unitunit when Employees from within this bargaining unit are not available.
(a) The Parties recognize the value of meeting prior to a layoff process occurring. No reduction in The purpose of this meeting is to discuss the hours process of work shall how layoffs will take place place, review the current seniority list and discuss other relevant factors the Parties agree upon. The Parties will also discuss the process to prevent or reduce the impact be followed for Employees on approved leave of layoffabsence, WCB benefits.
(b) When, in the opinion of the Employer, it becomes necessary to displace an Employee, due to reduction of the work force, or reduction in regularly scheduled hours of work of a regular Employee, or wholly or partly discontinue an undertaking, activity or service, the Employer will notify the Employee not less than fourteen (14) calendar days prior to the date of layoff, except that the fourteen (14) calendar days notice shall not apply where layoff results from an act of God, fire, flood or a work stoppage by Employees not covered by this Collective Agreement.
(c) Where the layoff results from an act of God, fire or flood, the not less than fourteen (14) calendar days notice is not required but up to two (2) weeks pay in lieu thereof based on regularly scheduled hours worked during this period shall be paid to affected Employees.
(d) To assist the Employee in indicating their preference of alternate positions, the Employee will have access to seniority lists, shift schedules, and a list of positions available prior to the consultation with the Employer.
(e) A permanent layoff consultation meeting will be defined as a layoff that will exceed thirteen (13arranged by the Employer between the Employee, the Employer representative(s) weeks due to a reduction in and the workload. Notice provided shall be per Employment Standards Act (ESAUnion representative(s). The first eight weeks consultation process will not be unreasonably delayed as a result of the unavailability of the Union representative.
(i) The Employee, through consultation with the Employer, shall be considered working noticeindicate a preference of positions for which she has the requisite skill, training, and knowledge to perform the work by selecting a position in the same classification which is vacant or, by selecting to displace an Employee with less seniority in the same classification. In Following consultation with the event of a proposed layoff of permanent or long-term nature or an amalgamationEmployee, the Employer willshall place her in a position within the same classification where operational requirements permit in the same status for which she has the requisite skills, training and knowledge to perform the work.
(ii) Where there are no positions of any status in the same classification as the Employee’s current position, the Employee may indicate a preference for an alternative position which is vacant or occupied by a less senior Employee (i.e LPN may displace a PCA) in a classification in a lower pay grade.
32.03 Employees who:
i(a) Provide refuse an offer by the Union Employer of alternate work; or
(b) lack the required competency and seniority to displace another incumbent within her particular classification; shall be provided with no not less than thirty fourteen (3014) working days’ calendar days notice of such layoff or amalgamation.
ii) Meet with specifying the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer date on which she will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D(a) Any other alternativesAll Regular and Temporary vacancies shall be posted. Casual Employees and external applicants are not eligible for hire while Regular Employees remain on layoff. The posting and selection process shall be administered in accordance with Article 11: Appointments, Transfers and Promotions.
iii(b) A Nurse No new Regular or Temporary Employees will be hired in classifications where there are other Employees in that classification, who has been notified of a permanent layoff may:
A) Accept possess the requisites skills, training, knowledge and ability for the available job, who are on layoff.
B) Opt to retire if eligible under 32.05 Other than for the terms continuation of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform seniority held at the available work.
D) Displace a Nurse who has lesser bargaining unit seniority time of layoff, discipline, grievance and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hoursarbitration rights, as determined by the Employer.
iv) In and rights and benefits arising under this Article, a “vacant position” an Employee’s rights while on layoff shall mean a position be limited to the right of recall. Employment shall be deemed terminated when an Employee does not return from layoff when notified to do so, or on the expiry of twenty four (24) months from the date of layoff, whichever first occurs.
32.06 Employees affected by temporary layoff may elect to maintain coverage under the contributory plans specified in Article 24: Health Benefits. On the following basis:
(a) for up to twelve (12) months from the end of the month in which the posting process has been completed layoff occurred with respect to Alberta Blue Cross Supplementary Benefits Plan and no successful applicant has been appointed.
v) When an employee accepts a long-term layoffAlberta Blue Cross Dental Plan, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.and
(cb) up to six (6) months from the end of the month in which the layoff occurred with respect to Group Life Insurance and Accidental Death and Dismemberment, subject to underwriting approval, provided that the Employee makes prior arrangements to pay full premium costs. In the event the Employee works casual shift(s) the Employee shall remain responsible for the payment of a layoff within a specific geographic area, the affected Nurse(s) in that area full premium costs and her recall status shall not be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform adversely affected.
32.07 When increasing the work available. force, Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of senioritytheir seniority provided they possess the requisite skills, unless otherwise agreed between the Employer training, knowledge and the Union, provided that senior Nurse is qualified ability to perform the available work. The method of recall shall be by telephone, and if contact with the Employee is not accomplished, by registered letter sent to the Employee’s last known place of residence or by personal delivery of same. When dispatched by registered mail, the letter shall be deemed delivered five (5) calendar days from the date of mailing. The Employee so notified will report for work as directed but in any event shall notify the Employer of their intent no later than five (5) days following the delivery date. In any event an employee must report to work as recalled in no less than ten (10) work days from the date of recall.
32.08 The operation of this Article, including revision to shift schedules caused by layoff or displacement, shall not constitute a violation of the terms of this Collective Agreement.
32.09 When an Employee is on approved leave of absence, or Worker’s Compensation Benefits, the consultation meeting and notice of layoff, if applicable, shall be served when the Employee has provided notice of readiness to return to work.
32.10 Employees who have been reduced in regular hours of work through the application of this article, shall indicate in writing, their availability to work casual shifts. Casual shifts will be offered on the basis of her/his skill, ability, experience, qualification, training seniority and education.
(e) availability up to the Employees subject to layoff previous regular hours. This obligation of offer of casual shifts shall be provided with a minimum of expire on twenty four (424) weeks’ notice of layoff months from the date the Employee is reduced in hours or such longer amount of time as provided by the Employment Standards Actlaid off.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff In the event of a layoff, the Employer shall be defined as a reduction of the number of first lay-off probationary employees; second, part-time employees in the bargaining unit. No reduction reverse order of their seniority; third, shall lay-off employees in the hours reverse order of work shall take place to prevent or reduce the impact of layofftheir seniority within their classification.
(b) A permanent An employee who is subject to layoff will be defined as a layoff that will exceed thirteen (13) weeks due shall have the right to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or displace an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse employee who has lesser bargaining unit seniority and whose work who is the Nurse least senior employee in a classification in the bargaining unit, if the employee subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he can perform the duties of the classification without training other than orientation. Such employee so displaced, shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their ruleslaid off.
(c) In the event An employee shall have opportunity of recall from a layoff within to an available opening, in order of seniority, provided he has the qualifications and ability to perform the work before such opening is filled on a specific geographic arearegular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed.
(d) In determining the ability of an employee to perform the work for the purposes of the paragraph above, the affected Nurse(sEmployer shall not act in an arbitrary manner.
(e) An employee recalled to work in that area a different classification from which he was laid off shall have the privilege of returning to the position he held prior to the layoff should it become vacant within six (6) months of being recalled.
(f) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so in accordance with the reverse order loss of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified provision, or have been found unable to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(dg) Nurses shall be recalled in order It is the sole responsibility of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses employee who have has been laid off will be required to notify the Employer of his intention to return to work within seven (7) 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 receiving a mailing) and to return to work within ten (10) calendar days after being notified.
(h) Employees on layoff or notice of recalllayoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. Notice An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff.
(i) The order of layoff, if necessary, will be part-time employees first, then full- time employees, bearing in mind and with full application of the principles regarding qualifications, experience and ability heretofore established in Article 13.01; and the order of recall will be by Registered Mail. The seven full-time employees first, then part-time employees.
(7j) days In the event that a layoff commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the layoff commenced.
(k) A laid off employee shall retain the rights of recall for a period may be extended to fourteenof twenty- four (24) months from the date of layoff.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A A. In all cases of layoff and recall, seniority shall be defined as a reduction the basis for such action in accordance with the provisions of the number of employees this Article. Employees (in the bargaining unitclassification with the layoff) with the least seniority shall be the first laid off, and laid off employees with the most seniority shall be the first recalled, subject to bumping rights. No reduction in Written notification of possible layoff must be presented to the hours of work shall take place Association prior to prevent or reduce the impact effective date of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks . An employee whose job is eliminated due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In work force, realignment of positions and/or responsibilities, including but not limited to the event opening and closing of a proposed layoff of permanent school buildings or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms elimination of the pension plan.
C) Elect job, shall have the right to transfer to a vacant position bump another with less seniority as hereafter set forth, provided that she/he or he is qualified the bumping employee has the ability to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) employer. In this Articleimplementing the foregoing bumping, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoffmay bump the employee with less seniority in the same job category as the bumping employee, she/he i.e., custodian, maintenance, secretarial, Technology Support I, Technology Support II, Library Aide, Instructional Aides, and Nurse Aide. Such bump must be exercised within three (3) working days after the employee is laid off. The bumping employee shall be entitled given five (5) working days to receive severance pay in accordance with demonstrate that he possesses the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified necessary qualifications to perform the work job into which he has bumped. An employee who has successfully bumped shall return to his old job immediately upon his old job becoming available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between accordance with their seniority and bumping rights. No new employee shall be hired until all employees on layoff who have the Employer and the Union, provided that senior Nurse is qualified ability to perform the available work on have been recalled. Should a special meeting of all employees within a classification where bumping will take place be requested by the basis of her/his skillAssociation or required District, ability, experience, qualification, training and educationsuch meeting shall take place during non-scheduled work hours.
(e) Employees B. During layoff, the payment for benefits shall be discontinued by the District, but may be voluntarily continued by the employee through payment to the District at the group rate, subject to layoff approval of the appropriate carrier provided that the Employer shall be provided with a minimum pay for health care insurance and life insurance to the end of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Actmonth in which the employee is laid off.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. 11.01 In the event of a proposed layoff by the Hospital of a permanent or long-long term nature or an amalgamationaffecting full- time and/or regular part-time Employees, the Employer Hospital will:
i(a) Provide provide the Union Institute with no less than thirty four months (304) working days’ notice of such layoff or amalgamation.and;
ii(b) Meet meet with the Union Institute to review the following:
A(i) The the reasons causing the layoff or amalgamation.layoff;
B(ii) The service that the Employer service, which the Hospital will undertake after the layoff.;
C(iii) Method the method of implementation including the areas of cutback and the Nurses Employees to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a proposed layoff within by the Hospital which is not of a specific geographic areapermanent or long term nature or a cutback in service which will result in displacement of regular full-time or regular part-time staff, the affected Nurse(sHospital will provide the Institute with no less than 30 calendar days notice. Notice shall not be required in the case of a cancellation of all or part of a single scheduled shift, provided that Article 17.06 has been complied with, or in the case of a work disruption. In the case of a work disruption Employees may utilize their accrued vacation and lieu time, if available. If requested, the Hospital will meet with the Institute to review the reasons and expected duration of the cutback in service, realignments of service or staff and its effect on Employees in the bargaining unit.
(d) in that area Notice of layoff to Employees shall be laid off in accordance with the provisions of the
(e) Any agreement between the Hospital and the Institute resulting from the review in accordance with Article 11.01 (b) concerning the method of implementation will take precedence over the terms of Article 11.
(a) In the event of layoff the Hospital shall layoff Employees in the reverse order of seniority provided their senioritywithin their classification, providing that the Nurses who are entitled to there remain on the basis of seniority job Employees who then have the ability and are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 work.
(b) An Employee who is subject to layoff of a permanent or long-term nature shall havethe right:
(i) to accept the layoff, or
(ii) displace an Employee who has lesser bargaining-unit seniority and who is the least senior Employee in a lower or identical-paying classification in the bargaining unit if the Employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation. Such Employee so displaced shall then become the subject of this layoff provision.
(c) All permanent and temporary vacancies as specified under Article 13 shall be posted in accordance with the relevant provisions of Article 13 prior to any Employee who is on a site-wide basislayoff being recalled to such available openings.
(d) Nurses Employees who have been laid off may apply for such posted vacancies. All candidates who apply shall be recalled considered for such vacancies in accordance with the criteria setout under Article 13.03.
(e) Where there has been no successful applicant to the posted vacancy, an Employee who has been previously laid off shall have the opportunity of recall from a layoff to an available opening, in order of seniority, unless otherwise agreed between provided they have the Employer ability and the Union, provided that senior Nurse is are qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Actwork.
(f) Nurses Notwithstanding Article 11.02 (c), upon mutual agreement between the Hospital and the Institute, the requirements to post such available vacancies may be waived or such other arrangement as may be agreed upon shall apply.
11.03 Prior to the layoff of any full-time or regular part-time Employee, the working hours of the casual, temporary and probationary Employees in the classification affected shall be reduced first.
11.04 Employees on layoff or notice of layoff shall be given preference for temporary vacancies, which are expected to exceed sixty (60) working days, but are expected to be of less than six (6) months in duration. An Employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. The period worked in filling such temporary recall vacancies shall impact upon the original period of recall rights as provided under Article 10.05 (d).
11.05 Full-time Employees who have been laid off will recalled to a temporary position as provided under Article 11.04 shall be required considered as a part-time Employee while filling such a temporary position and as such shall be eligible to return to work within seven (7) days receive the percentage in lieu of receiving a notice benefits payment as provided under Article 20.04 during their period of recall. Notice temporary recall provided that the Employee is not in receipt of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenany Hospital subsidized benefits.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. Where there is a reduction in the workload, a cutback in services, or a bed cutback which will result in the displacement of a nurse from her or his area of assignment or layoff of nurses of a temporary, long-term or permanent nature, the following will apply:
(a) A layoff shall be defined The Centre will provide the Union with as a reduction of the number of employees much notice as is practical in the bargaining unit. No reduction in the hours of work shall take place circumstances for all temporary lay-offs anticipated to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed less than thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA)duration. The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide Centre will provide the Union with no less than thirty (30) working days’ calendar days notice for all temporary layoffs anticipated to exceed thirteen (13) weeks duration, but less than six (6) months duration. In the event of such a long term (in excess of six months duration) or permanent layoff, the Centre will provide the Union with no less than 90 days notice. In all cases of layoff or amalgamationthe notice period to the Union is not in addition to required notice periods for individual nurses.
ii(b) Meet The Centre will meet with the Union to review the following:
Ai) The the reasons causing the layoff or amalgamation.layoff;
Bii) The the service that which the Employer Centre will undertake after the layoff and the expected duration of the layoff.;
Ciii) Method the method of implementation including the areas of cutback cut-back and the Nurses nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.; and
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay effect on nurses in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rulesBargaining Unit.
(c) In Any agreement between the event Centre and the Union concerning the method of implementation of a layoff within shall take precedence over the terms of this article. The unavailability of a specific geographic area, representative of the affected Nurse(s) in that area Union shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basisnot delay any meeting regarding layoffs or staff reductions.
(d) Nurses shall be recalled Where a permanent vacancy occurs in order a position following a layoff hereunder as a result of senioritywhich a nurse has been transferred to another position or laid off, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off affected nurse will be required offered the opportunity to return to work the nurses former position of either full-time or part-time, whichever category she or he was laid off from, providing such vacancy occurs within seven six (76) days months of receiving a notice the date of recalllayoff. Notice of recall will Where the nurse returns to her or his former position there shall be by Registered Mail. The seven (7) days period may be extended no obligation to fourteenconsider the vacancy under Article 13.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A A. In all cases of layoff and recall, seniority in each classification shall be defined as a reduction the basis for such action in accordance with the provisions of this Article. Employees with the number of least seniority shall be the first laid off and laid off employees in with the bargaining unitmost seniority shall be the first recalled, subject to bumping rights. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks An employee whose job is eliminated due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent work force or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms elimination of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area job shall have the right to exercise bump another with less seniority in the rights outlined in 10.12 same classification as hereinafter set forth, provided the bumping employee has the ability to perform the work. Such bump must be exercised within three (b3) on a site-wide basis.
working days after the employee is laid off. The bumping employee shall be given five (d5) Nurses working days to demonstrate that he possesses the necessary qualifications to perform the job into which has bumped. An employee who has successfully bumped shall return to his old job immediately upon his old job becoming available. Employees shall be recalled in order accordance with their seniority and bumping rights. No new employee shall be hired until all employees on layoff have been recalled. All laid off employees shall have the right to apply for positions outside their classifications which remain vacant and available following the conclusion of senioritythe bidding process set forth within Section 3 of this Article VI, unless otherwise agreed between by submitting applications for any such positions to the Employer and office of the UnionSuperintendent. A laid off employee who submits such an application shall be afforded preference in the award of the position, provided however, that senior Nurse is qualified to perform for purpose of filling such a position outside the available work on classification in which he/she was previously employed by the basis of her/his skillSchool District, ability, experience, qualification, training the employee shall be considered a "new" employee and education.
(e) Employees be subject to layoff the probationary period set forth in Section 1 of this Article VI. If more than one such laid off employee applies for the same position outside each employee's classification, the employee with the greater District-wide seniority shall first be afforded the opportunity to fill the position in accordance with this section. Any laid off employee who is awarded a position outside his/her classification in accordance with this Section and who is retained in the position beyond the probationary period shall, for purposes of seniority within the classification of the newly-awarded position, have an employment date commencing with the date the new position is awarded to him/her. On that same date, the employee's length of service, for purposes of determining seniority in the classification in which he/she was originally employed shall be "frozen," until such time, if ever, that the employee returns to a position within his/her original job classification. The employee's District-wide seniority shall, however, continue to date back to the date of original employment, provided with a minimum there has been no break in seniority as defined in Section 4 of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been this Article. Any laid off will employee who is awarded a position outside his/her classification in accordance with this Section but who is not retained beyond the probationary period, shall thereafter again be required returned to return the layoff status he/she occupied prior to work within seven (7) days commencement of receiving a notice of recallthe probationary period. Notice of Nothing set forth herein shall impair any such employee's recall will be by Registered Mail. The seven (7) days period may be extended to fourteenand/or seniority rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. 13.01 In the event of a proposed layoff by the Hospital of a permanent or long-long term nature or an amalgamationaffecting full-time and/or regular part-time Employees, the Employer Hospital will:
i(a) Provide the Union with no less than thirty four (304) working days’ months notice of such layoff or amalgamation.and;
ii(b) Meet with the Union to review the following:
A(i) The reasons causing the layoff or amalgamation.layoff;
B(ii) The service that service, which the Employer Hospital will undertake after the layoff.;
C(iii) Method The method of implementation including the areas of cutback and the Nurses Employees to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified . In the event of a proposed layoff by the Hospital which is not of a permanent or long term nature or a cutback in service which will result in displacement of regular full-time or regular part-time staff, the Hospital will provide the Union with no less than 30 calendar days notice. Notice shall not be required in the case of
(a) In the event of layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under Hospital shall lay off Employees in the terms reverse order of their seniority within their classification, providing that there remain on the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is job Employees who then have the ability and are qualified to perform the available work. Layoff shall be separate for full-time and part-time Employees.
D(b) An Employee who is subject to layoff of a permanent or long-term nature shall have the right:
(i) To accept the layoff, or
(ii) Displace a Nurse an Employee who has lesser bargaining bargaining-unit seniority and whose work who is the Nurse least senior Employee in a lower or identical-paying classification in the bargaining unit if the Employee originally subject to layoff is qualified to performcan perform the duties of the lower or identical classification without training other than orientation. The Employer will provide a familiarization period Such Employee so displaced shall then become the subject of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their ruleslayoff provision.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area All permanent and temporary vacancies as specified under Article 12 shall be laid off posted in accordance with the reverse order relevant provisions of seniority provided that the Nurses Article 12 prior to any Employee who are entitled is on layoff being recalled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basissuch available openings.
(d) Nurses Employees who have been laid off may apply for such posted vacancies. All candidates who apply shall be recalled considered for such vacancies in accordance with the criteria set out under Article 12.01 (c).
(e) Where there has been no successful applicant to the posted vacancy, an Employee who has been previously laid off shall have the opportunity of recall from a layoff to an available opening, in order of seniority, unless otherwise agreed provided she has the ability to perform the work. Notwithstanding this provision, upon mutual agreement between the Employer Hospital and the Union, provided that senior Nurse is qualified the requirements to perform the post such available work on the basis of her/his skill, ability, experience, qualification, training and educationvacancies may be waived or such other arrangement as may be agreed upon shall apply.
(e) 13.03 Prior to the layoff of any full-time or regular part-time Employee as provided above, the working hours of the casual, temporary and probationary Employees subject to in the classification affected shall be reduced first.
13.04 Employees on layoff or notice of layoff shall be provided with a minimum given preference for temporary vacancies, which are expected to exceed sixty (60) working days. An Employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. The period worked in filling such temporary recall vacancies shall not impact upon the original period of four (4) weeks’ notice of layoff or such longer amount of time recall rights as provided by the Employment Standards Actunder Article 11.05 (d).
(f) Nurses 13.05 Full-time Employees who have been laid off will recalled to a temporary position as provided under 13.04 shall be required considered as a part-time Employee while filling such a temporary position and as such shall be eligible to return to work within seven (7) days receive the percentage in lieu of receiving a notice benefits payment as provided under Article 20.05 during their period of recall. Notice temporary recall provided that the Employee is not in receipt of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenany Hospital subsidized benefits.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. (a) A layoff In the event of a lay-off, the Employer agrees to lay off probationary, temporary and part-time nurses before full-time nurses. Layoff shall be defined as a reduction on the basis of seniority within each classification, at the time of the number of employees in layoff provided that the bargaining unit. No reduction in nurses are qualified to perform the hours of work shall take place to prevent or reduce the impact of layoffavailable work.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided Nurses shall be per Employment Standards Act recalled in reverse order of layoff, provided the nurses are qualified to perform the available work.
(ESA). The first eight weeks c) Notice of layoff shall be considered working notice. in accordance with the provisions of the
(d) In the event of a proposed layoff of a permanent or long-long term nature or an amalgamationnature, the Employer will:
i) Provide provide the Union Bargaining Unit with no less than thirty (30) working days’ notice of such layoff or amalgamation.layoff; and
ii) Meet meet with the Union Bargaining Unit through the Association- Management Committee to review the following:
A) The A. the reasons causing the layoff or amalgamation.layoff;
B) The B. the service that which the Employer will undertake after the layoff.;
C) Method C. the method of implementation implementation, including the areas of cutback and the Nurses nurses to be laid off.
Di) Any other alternativesNurses choosing to exercise seniority in order to displace a less senior nurse shall within ten (10) working days of receiving notice of layoff, notify Human Resources in writing of their intent to displace and where.
iiiii) A Nurse who has been notified of a permanent layoff may:Displacement is restricted to the same status (full-time or part-time) as the laid off employee.
(A) Accept accept the layoff.; or
(B) Opt opt to retire if eligible under the terms of the pension plan.plan as outlined in Article 16.01; or
(C) Elect elect to transfer to a vacant position provided that she/he she or he is qualified to perform the available work.; or
(D) Displace a Nurse displace another nurse in any classification who has lesser bargaining unit seniority and who is the least senior nurse in a territory whose work the Nurse nurse subject to layoff xxxxxx is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv(f) In For the purpose of clarity a part-time nurse who elects to displace another nurse may displace multiple less senior nurses in-order to maintain the full time equivalent (FTE) entitlement previously held with a variance not greater than a .2 FTE.
(g) For the purpose of this ArticleArticle (9.01), a “"vacant position” " shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v(h) When an No bargaining unit employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order off, have her hours of seniority provided that the Nurses who are entitled to remain on the basis work reduced or her employment terminated as a result of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available contracting out its present work on the basis of her/his skill, ability, experience, qualification, training and educationor services.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a46. Oakland recognizes that a University achieves and maintains distinction through the excellence of its faculty and that faculty can make their greatest contribution in an environment that values academic freedom and tenure. Oakland further recognizes that when reduction of faculty positions in any academic area is contemplated, any plan will place a high priority on maintaining the quality of instructional programs and minimizing unnecessary loss of faculty. With its diversity of intellectual and professional resources, the University offers the potential for creative problem-solving through the application of the combined capabilities of its constituencies. Therefore, if Oakland determines that reductions or reallocations of faculty positions are necessary under the provisions of this Article, a committee with representation from Oakland, the Association, and the affected academic unit(s) A will be established to develop a plan for addressing the problem. This plan, to be submitted to Oakland within 60 days from the date that Oakland calls for the committee to be established, shall consider such alternatives to layoff as attrition, in-load summer teaching, retraining, retirements, less-than-full-pay leaves, reassignment of teaching responsibilities, assignment of non-teaching duties, or reduced appointments. Nevertheless, having considered this plan, if Oakland determines that the alternatives do not meet the needs for reduction and reallocations in faculty positions, or if a plan is not timely submitted, layoffs of full-time faculty may be instituted in accordance with the following paragraphs of this Article.
47. Oakland may lay off and recall its faculty members and determine the academic unit or units in which such layoff shall be defined as a reduction of the number of employees occur. The two circumstances in the bargaining unitwhich layoff may occur are described in paragraph 48, Over-Ratio Layoff, and paragraph 49, Position-Shift Layoff. No reduction in the hours of work However, no full-time faculty member shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks cease working due to a reduction layoff in any academic unit where part-time persons other than students are doing unit work if the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or longfull-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he time faculty member is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hoursqualified, as determined by the Employer.
iv) In Oakland, to do that work. For purposes of this Article, a “vacant position” faculty member shall mean a position be considered as holding the highest title for which the posting process he or she has been completed and no successful applicant approved by Oakland on the date Oakland notifies the Association of its intention to institute a layoff, whether or not the date on which that title will become effective has been appointedreached. However, if a faculty member is approved by Oakland for a title in paragraph 54f.
v) When an employee accepts a long-term layoff, she/he shall be entitled g., or h. subsequent to receive severance pay the notification in accordance with the Employment Standards Actsubparagraph 57a.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall faculty member will be laid off considered as being in the reverse order categories described in subparagraphs 54f., g., or h. for purposes of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basisparagraphs 62 and 63 only.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 13.01 The lay off of regular full-time and regular part-time nurses shall remain separate. The Employer reserves the right to layoff either regular full-time or regular part- time in accordance with the provisions of this Article. This Article shall not apply to casual or temporary nurses except where herein specifically stated.
(a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer willshall:
i) Provide provide the Union with no less than thirty forty five (3045) working calendar days’ notice of such action for an indefinite layoff and sixty (60) calendar days of notice for a permanent layoff. Layoff notice may be given to a nurse at any time during or amalgamationfollowing the above noted notice periods, providing such notice is in compliance with Employment Standards.
ii) Meet meet with the Union to review the following:
A) The 1. the reasons causing the layoff or amalgamation.layoff,
B) The 2. the service that which the Employer Centre will undertake after the layoff.,
C) Method 3. the method of implementation implementation, including the areas of cutback cutbacks, and the Nurses to be laid offnurses affected by such actions.
D(b) Any other alternativesConcurrent with issuing notices of long-term layoff pursuant to Article 13.02, and following notice pursuant to Article 13.02, the Employer will make offers of early retirement allowance in accordance with the following conditions:
i) The Employer will first make offers in order of seniority in the department(s) where layoffs would otherwise occur. Further, these offers will be made to nurses in same classification and status as those who would otherwise be given notice of layoff.
ii) The employer will make offers to nurses eligible for early retirement under the Employer pension plan (including regular part-time, if applicable, whether or not they participate in the Employer pension plan).
iii) The number of early retirements the Employer approves will not exceed the number of nurses who would otherwise be laid off. A Nurse nurse who has been notified elects an early retirement option shall receive, following completion of the last day of work, a permanent layoff may:
Aretirement allowance of two (2) Accept the layoffweeks’ salary for each year of service, to a maximum ceiling of fifty-two (52) weeks’ salary.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(ci) In the event of a layoff within a specific geographic arealayoff, the affected Nurse(s) in that area nurses shall be laid off in the reverse order of seniority at their home location, provided that the Nurses nurses who remain are entitled to remain on the basis of seniority are willing and qualified to perform the work available. Employees remaining available work.
ii) Casual nurses shall not be normally utilized if a laid off in nurse is willing and qualified to perform the available work.
iii) A nurse who is laid off may opt to accept the lay off, retire (if eligible under the rules of the Canadian Blood Services Pension Plan), displace another regular full-time or regular part-time nurse who has less seniority, at any location, and whose work the nurse is qualified to perform. Such nurse shall be credited with seniority subject to Article 10.03.
iv) A nurse who is permanently laid off shall be entitled to a specific geographic area shall have the right severance allowance of two (2) weeks’ salary for each year of service, to exercise the rights outlined in 10.12 a maximum of fifty-two (b52) on a site-wide basisweeks’ salary.
(d) Temporary nurses shall be terminated before regular full-time or regular part-time nurses are laid off subject to such nurse being willing and qualified to perform the work.
(e) Nurses shall be recalled in the order of seniority, unless otherwise agreed between the Employer and the Union, their seniority provided that senior Nurse is qualified they are willing and able to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Actwork.
(f) Nurses who have been laid off No new nurses will be required hired when there is a nurse(s), either regular full-time or regular part-time, on layoff who is qualified, willing and able to return to work within seven (7) days of receiving perform the available work.
13.03 Where a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenregular part time nurse’s shift is cancelled with more than twenty-four
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A In the event the University declares a need to layoff within the bargaining unit(s) the Manager of Employee Relations will normally provide the Union with no less than six (6) weeks notice and shall meet with the Union to review the following:
i) the reasons causing the layoff;
ii) the implications of the layoff including the service which the clinic will undertake after the layoff;
iii) the method of implementation including the areas of cutback and the nurses to be laid off.
(b) It is agreed that a layoff of nurse(s) shall be defined on the basis of seniority provided that the nurse(s) who are entitled to remain on the basis of seniority are qualified to perform the available work. Subject to the foregoing, probationary nurse(s) shall be laid off first. Full-time and part- time layoff and recall rights shall be separate. Casual part-time nurses shall not be utilized while regular full-time or part-time nurses remain on lay-off, unless the nurse(s) on layoff have refused the opportunity to work or are unavailable.
(c) Nurse(s) shall be recalled in the order of seniority provided that the nurse is qualified to perform the available work.
(d) An agreement between the University and the Local Union resulting from the review as a reduction provided in l3.07 (a) above, concerning the method of implementation will take precedence over the terms of this Article. Notice of lay-off to individual nurses shall be in accordance with the provisions of the number of employees in the bargaining unit. Employment Standards Act.
(e) No reduction or alteration in the hours of work shall take place to prevent or reduce the impact of layoffa lay-off without the consent of the Union.
(bf) A permanent layoff All regular full-time and part-time nurse(s) who are on lay-off will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction given job opportunity in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or longfull-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback time and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he part-time categories before any new nurse is qualified to perform the available work.
D) Displace a Nurse who has lesser hired into either bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority they are qualified to perform the work available.
(a) Any nurse who permanently transfers to a position outside of the bargaining unit(s) connected with the University, shall be deemed to retain the seniority accrued from his/her start date within the bargaining unit(s) to the date they leave the bargaining unit for a period of up to one
(1) year. Employees laid off in a specific geographic area shall have After one (1) year, s/he will lose all seniority held at the right to exercise the rights outlined in 10.12 time of
(b) on In the event that a site-wide basis.
nurse accepts a temporary secondment to a position outside of the bargaining unit for a period of up to one (d1) Nurses year, s/he shall be recalled in order of seniority, unless otherwise agreed between deemed to retain the Employer and seniority accrued from his/her start date within the Union, provided that senior Nurse is qualified bargaining unit to perform the available work on date they leave the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off bargaining unit. ONA dues deductions will be required suspended for the period of such secondment and seniority shall not accrue during this period. When the nurse returns to return to work within seven (7) days of receiving a notice of recall. Notice of recall the bargaining unit, dues deductions will be by Registered Mail. The seven (7) days period may be extended to fourteenresume and seniority accrual will recommence.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. 13.01 In the event of a proposed layoff by the Hospital of a permanent or long-long term nature or an amalgamationaffecting full-time and/or regular part-time Employees, the Employer Hospital will:
i(a) Provide the Union with no less than thirty ninety (3090) working days’ calendar days notice of such layoff or amalgamation.and;
ii(b) Meet with the Union to review the following:
A(i) The reasons causing the layoff or amalgamation.layoff;
B(ii) The service that service, which the Employer Hospital will undertake after the layoff.;
C(iii) Method The method of implementation including the areas of cutback and the Nurses Employees to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified . In the event of a proposed layoff by the Hospital which is not of a permanent layoff may:
A) Accept or long term nature or a cutback in service which will result in displacement of regular full-time or regular part-time staff, the layoff.
B) Opt Hospital will provide the Union with no less than 30 calendar days notice. Notice shall not be required in the case of a cancellation of all or part of a single scheduled shift, provided that Article 17.05 has been complied with, or in the case of a work disruption. In the case of a work disruption Employees may utilize their accrued vacation and lieu time, if available. If requested, the Hospital will meet with the Union to retire if eligible under review the terms reasons and expected duration of the pension plan.
C) Elect cutback in service, realignments of service or staff and its effect on Employees in the bargaining unit. Notice of layoff to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he Employees shall be entitled to receive severance pay in accordance with the provisions of the Employment Standards Act.
vi) If . Any agreement between the Nurse has Hospital and the seniority to bump someone and chooses instead to Union resulting from the review above concerning the method of implementation will take precedence over the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rulesterms of this Article.
(ca) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area Hospital shall be laid lay off Employees in the reverse order of their seniority provided within their classification, providing that the Nurses who are entitled to there remain on the basis of seniority job Employees who then have the ability and are qualified to perform the work availablework. Employees laid off in Layoff shall be separate for full-time and part-time Employees.
(b) An Employee who is subject to layoff of a specific geographic area permanent or long-term nature shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.right:
(di) Nurses shall be recalled in order of seniorityTo accept the layoff, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.or
(eii) Employees Displace an Employee who has lesser bargaining-unit seniority and who is the least senior Employee in a lower or identical-paying classification in the bargaining unit if the Employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation. Such Employee so displaced shall be provided with a minimum then become the subject of four (4) weeks’ notice of this layoff or such longer amount of time as provided by the Employment Standards Actprovision.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. 13.01 In the event of a proposed layoff by the Hospital of a permanent or long-long term nature or an amalgamationaffecting full-time and/or regular part-time Employees, the Employer Hospital will:
i(a) Provide provide the Union with no less than thirty one hundred and twenty (30120) working days’ calendar days notice of such layoff or amalgamation.and;
ii(b) Meet meet with the Union to review the following:
A(i) The the reasons causing the layoff or amalgamation.layoff;
B(ii) The service that the Employer service, which the Hospital will undertake after the layoff.;
C(iii) Method the method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified In the event of a proposed layoff by the Hospital which is not of a permanent or long term nature or a cutback in service which will result in displacement of regular full-time or regular part-time staff, the Hospital will provide the Union with no less than 30 calendar days notice. Notice shall not be required in the case of a cancellation of all or part of a single scheduled shift, provided that Article 17.05 has been complied with, or in the case of a work disruption. In the case of a work disruption Employees may utilize their accrued vacation and lieu time, if available. If requested, the Hospital will meet with the Union to review the reasons and expected duration of the cutback in service, realignments of service or staff and its effect on Employees in the bargaining unit. Notice of layoff may:
A) Accept to Employees shall be in accordance with the layoff.
B) Opt to retire if eligible under provisions of the Any agreement between the Hospital and the Union resulting from the review above concerning the method of implementation will take precedence over the terms of the pension planthis Article.
C(a) Elect to transfer to a vacant position provided In the event of layoff the Hospital shall lay off Employees in the reverse order of their seniority within their classification, providing that she/he or he is there remain on the job Employees who then have the ability and are qualified to perform the available work. Layoff shall be separate for full-time and part-time Employees.
D(b) Displace An Employee who is subject to layoff of a Nurse permanent or long-term nature shall
(i) to accept the layoff, or
(ii) displace an Employee who has lesser bargaining bargaining-unit seniority and whose work who is the Nurse least senior Employee in a lower or identical-paying classification in the bargaining unit if the Employee originally subject to layoff is qualified to performcan perform the duties of the lower or identical classification without training other than orientation. The Employer will provide a familiarization period Such Employee so displaced shall then become the subject of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their ruleslayoff provision.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area All permanent and temporary vacancies as specified under Article 12 shall be laid off posted in accordance with the reverse order relevant provisions of seniority provided that the Nurses Article 12 prior to any Employee who are entitled is on layoff being recalled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basissuch available openings.
(d) Nurses Employees who have been laid off may apply for such posted vacancies. All candidates who apply shall be recalled considered for such vacancies in accordance with the criteria set out under Article 12.01 (c).
(e) Where there has been no successful applicant to the posted vacancy, an Employee who has been previously laid off shall have the opportunity of recall from a layoff to an available opening, in order of seniority, unless otherwise agreed provided she has the ability to perform the work. Notwithstanding this provision, upon mutual agreement between the Employer Hospital and the Union, provided that senior Nurse is qualified the requirements to perform the post such available work on the basis of her/his skill, ability, experience, qualification, training and educationvacancies may be waived or such other arrangement as may be agreed upon shall apply.
(e) 13.03 Prior to the layoff of any full-time or regular part-time Employee as provided above, the working hours of the casual, temporary and probationary Employees subject to in the classification affected shall be reduced first.
13.04 Employees on layoff or notice of layoff shall be provided with a minimum given preference for temporary vacancies, which are expected to exceed sixty (60) working days. An Employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. The period worked in filling such temporary recall vacancies shall not impact upon the original period of four (4) weeks’ notice of layoff or such longer amount of time recall rights as provided by the Employment Standards Actunder 11.05 (d).
(f) Nurses 13.05 Full-time Employees who have been laid off will recalled to a temporary position as provided under 13.04 shall be required considered as a part-time Employee while filling such a temporary position and as such shall be eligible to return to work within seven (7) days receive the percentage in lieu of receiving a notice benefits payment as provided under Article 20.05 during their period of recall. Notice temporary recall provided that the Employee is not in receipt of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenany Hospital subsidized benefits.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A The Employer shall layoff shall be defined as a reduction Employees of the number same status in inverse order of employees in seniority, provided the bargaining unitEmployees who are entitled to remain at work have the necessary qualifications and ability to perform the available work, with a reasonable familiarization period. No reduction in Probationary Employees of the hours same status will be laid off first, provided the remaining Employees have the necessary qualifications and ability to perform the available work, with a reasonable familiarization period. Employees who are subject to layoff may bump the least senior Employee of the same status, provided such Employee has the necessary qualifications and ability to do the work shall take place to prevent or reduce the impact of layoffrequired, with a reasonable familiarization period.
(b) Full time and Regular Part-time laid off Employees may elect in writing to have access to shifts that would otherwise be offered on a casual basis. Such Employees will inform the Employer of their election within three (3) working days of notice of layoff. The process of offering the shifts would be in accordance with the current practice for offering casual shifts. A permanent layoff will be defined as call for a layoff that will exceed thirteen (13) weeks due casual shift to a reduction in laid off full-time or regular part-time Employee will not be considered a recall to employment within the workload. Notice provided shall be per Employment Standards Act (ESAmeaning of Article 12.06(d). The first eight weeks time used to determine the Employee’s entitlement for continuing in the benefits program, for recall, and for other purposes under the layoff or seniority clauses would be unaffected during the periods of time worked.
(c) Recall to a regular part-time or regular full-time position shall be considered working noticein order of seniority. In the event An Employee will respond to a registered notice of a proposed layoff recall within seven (7) calendar days or receipt of permanent or long-same and shall be available for work within an additional fourteen (14) calendar days unless otherwise agreed.
(d) For layoffs, other than long term nature or an amalgamationlayoffs as defined in Article 14.02, the Employer will:
i) Provide and Union will meet and discuss the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with layoffs at the Union to review earliest opportunity. This discussion will include the following:
A) The reasons causing the layoff or amalgamation.
B) The service that service, which the Employer will undertake after the layoff.
C(e) Method of implementation including the areas of cutback and the Nurses For greater certainty, laid off Employees are entitled to be laid offapply for posted vacancies pursuant to Article 13.01.
D(f) Any other alternatives.
iiiNo new Employee will be hired when there is an Employee(s) A Nurse on layoff who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified and willing to perform the available work.
D(g) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirtyFor greater clarity, Casual Part-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” time Employees shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a longnot be utilized while full-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses time or Regular Part-time Employees who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified willing to perform the available work on the basis of her/his skillwork, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff reasonable familiarization period, remain on layoff. A full-time or such longer amount of Regular Part-time as provided by the Employment Standards Act.
(f) Nurses Employee who have been laid off fails to answer an individual call for casual work will be required considered as not available to return perform the casual work being offered at that time pursuant to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenthis Article.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. 13.01 In the event of a proposed layoff by the Hospital of a permanent or long-long term nature or an amalgamationaffecting full-time and/or regular part-time Employees, the Employer Hospital will:
i(a) Provide provide the Union with no less than thirty one hundred and twenty (30120) working days’ calendar days notice of such layoff or amalgamation.and;
ii(b) Meet meet with the Union to review the following:
A(i) The the reasons causing the layoff or amalgamation.layoff;
B(ii) The service that the Employer service, which the Hospital will undertake after the layoff.;
C(iii) Method the method of implementation including the areas of cutback and the Nurses Employees to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified . In the event of a proposed layoff by the Hospital which is not of a permanent or long term nature or a cutback in service which will result in displacement of regular full-time or regular part-time staff, the Hospital will provide the Union with no less than 30 calendar days notice. Notice shall not be required in the case of a cancellation of all or part of a single scheduled shift, provided that Article 17.05 has been complied with, or in the case of a work disruption. In the case of a work disruption Employees may utilize their accrued vacation and lieu time, if available. If requested, the Hospital will meet with the Union to review the reasons and expected duration of the cutback in service, realignments of service or staff and its effect on Employees in the bargaining unit. Notice of layoff may:
A) Accept to Employees shall be in accordance with the layoff.
B) Opt to retire if eligible under provisions of the Employment Standards Act. Any agreement between the Hospital and the Union resulting from the review above concerning the method of implementation will take precedence over the terms of the pension planthis Article.
C(a) Elect to transfer to a vacant position provided In the event of layoff the Hospital shall lay off Employees in the reverse order of their seniority within their classification, providing that she/he or he is there remain on the job Employees who then have the ability and are qualified to perform the available work. Layoff shall be separate for full-time and part-time Employees.
D(b) Displace An Employee who is subject to layoff of a Nurse permanent or long-term nature shall have the right:
(i) to accept the layoff, or
(ii) displace an Employee who has lesser bargaining bargaining-unit seniority and whose work who is the Nurse least senior Employee in a lower or identical-paying classification in the bargaining unit if the Employee originally subject to layoff is qualified to performcan perform the duties of the lower or identical classification without training other than orientation. The Employer will provide a familiarization period Such Employee so displaced shall then become the subject of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their ruleslayoff provision.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area All permanent and temporary vacancies as specified under Article 12 shall be laid off posted in accordance with the reverse order relevant provisions of seniority provided that the Nurses Article 12 prior to any Employee who are entitled is on layoff being recalled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basissuch available openings.
(d) Nurses Employees who have been laid off may apply for such posted vacancies. All candidates who apply shall be recalled considered for such vacancies in accordance with the criteria set out under Article 12.01 (c).
(e) Where there has been no successful applicant to the posted vacancy, an Employee who has been previously laid off shall have the opportunity of recall from a layoff to an available opening, in order of seniority, unless otherwise agreed provided she has the ability to perform the work. Notwithstanding this provision, upon mutual agreement between the Employer Hospital and the Union, provided that senior Nurse is qualified the requirements to perform the post such available work on the basis of her/his skill, ability, experience, qualification, training and educationvacancies may be waived or such other arrangement as may be agreed upon shall apply.
(e) 13.03 Prior to the layoff of any full-time or regular part-time Employee as provided above, the working hours of the casual, temporary and probationary Employees subject to in the classification affected shall be reduced first.
13.04 Employees on layoff or notice of layoff shall be provided with a minimum given preference for temporary vacancies, which are expected to exceed sixty (60) working days. An Employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. The period worked in filling such temporary recall vacancies shall not impact upon the original period of four (4) weeks’ notice of layoff or such longer amount of time recall rights as provided by the Employment Standards Actunder 11.05 (d).
(f) Nurses 13.05 Full-time Employees who have been laid off will recalled to a temporary position as provided under 13.04 shall be required considered as a part-time Employee while filling such a temporary position and as such shall be eligible to return to work within seven (7) days receive the percentage in lieu of receiving a notice benefits payment as provided under Article 20.05 during their period of recall. Notice temporary recall provided that the Employee is not in receipt of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenany Hospital subsidized benefits.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction 11.01 With respect to the development of the number of employees in any operating or re-structuring plan which may affect the bargaining unit. No , the Union, through the Fiscal Advisory Committee and/or Union-Management Committee shall be involved in the planning process from the early phases through to the final phases of the process.
11.02 A "layoff" includes a temporary or permanent discontinuation of work or reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working noticework. In the event of a proposed layoff at the Hospital of permanent a short-term (less than three (3) months) or long-term nature (three (3) months or an amalgamationlonger), the Employer Hospital will:
i(a) Provide the Union with for short-term layoff provide no less than thirty (30) working days’ 30 days notice to the employees and no less than 30 days written notice to the Union, indicating the reasons causing the layoff, the anticipated duration of such the layoff or amalgamationand identify the employees likely to be affected. If requested, the parties will meet.
ii(b) Meet for long-term layoff provide no less than three (3) months written notice or pay in lieu thereof to the affected employee(s) and no less than four (4) months written notice to the Union and meet with the Union to review the following:
A(i) The reasons the reason causing the layoff or amalgamation.layoff
B(ii) The the service that the Employer Hospital will undertake after the layoff.
C) Method of implementation layoff including the areas of cutback cut-back and the Nurses employees to be laid off; and plan the following:
(iii) the method of implementation
(iv) revised work schedules including the reallocation of hours of work among full-time and part-time employees with due regard to seniority
(v) ways the hospital can assist the employees to find alternate employment including identifying vacant positions within the hospital for which surplus members of the bargaining unit might qualify, or such positions which are currently filled but which are expected to become vacant within a twelve (12) month period.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area 11.03 Employees shall be laid off in the reverse order of seniority provided that the Nurses who are those entitled to remain on the basis of seniority are willing and qualified to perform do the work which is available. Employees Probationary employees then casual and temporary employees shall be laid off in first before any regular full-time or any regular part- time employees are laid off.
(a) For short-term layoff the available work assignments shall be distributed to the most senior incumbents of the classification and site where operationally feasible provided that they are willing and capable of performing the available job duties to ensure to the greatest extent possible that the layoff impacts the most junior employee(s). No bumping is permitted. For the purpose of this provision only, the term "classification" shall have a specific geographic area broad meaning to include all jobs which have the same professional base; example M.S.W. and B.S.W. is one classification; Senior Physiotherapist and Physiotherapist is one classification. For the purpose of this provision only, the term "site" shall mean each hospital location. Bell Mews shall be part of the Queensway Carleton Hospital.
(b) An employee who is subject to a long-term layoff shall have the right to:
(i) accept the layoff; or
(ii) displace an employee who has lesser bargaining unit seniority in a lower or identical paying classification if the employee originally subject to exercise layoff can perform the rights duties of the lower or identical paying classification without training other than orientation. It is understood that such an employee would be accorded the same amount of orientation to which a new employee would be entitled; or
(iii) opt to receive a separation allowance as outlined in 10.12 Article 11.12(c); or
(iv) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) and receive a retirement allowance as outlined in Article 11.12(b).
(a) An employee shall be recalled to the position held prior to the layoff in order of seniority provided the employee remains qualified and able to perform the duties. The job posting provisions take precedence over recall rights that employees may have under this agreement, unless otherwise provided herein.
(b) Where an employee on layoff is the successful candidate for a site-wide basisposition with lesser hours, she shall retain her right to casual shifts in accordance with Article 11.08 for up to two (2) years from the original date of layoff.
(d) Nurses 11.06 An employee shall be recalled have the opportunity of recall from a layoff to an available opening, in order of seniority, unless otherwise agreed between provided she is willing and has the Employer and ability to perform the Unionwork, before any new employee is hired.
11.07 An employee recalled to work in a different classification from which she was laid off, or an employee who has displaced an employee in a lower or identical paying classification shall be entitled to return to the position she held prior to the layoff should it become vacant within six (6) months of the layoff, provided that senior Nurse is the employee remains qualified and able to perform the available work on duties of her former position. In such a case, the basis of her/his skill, ability, experience, qualification, training and educationposting procedure shall not apply.
(e) Employees subject to 11.08 Regularly scheduled employees who are on layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or offered such longer amount of time casual hours as provided by the Employment Standards Act.
(f) Nurses who have been laid off will may be required in the on-going operation of the department subject to return the employee's availability and willingness to work within seven (7) days these hours. It is understood that an employee who is offered such hours shall maintain her position on the layoff list and acceptance of receiving additional hours shall not constitute a notice of recallrecall from layoff. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenNotwithstanding Article 10.05
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (A) Layoff Procedure
(1) When the BOARD deems it necessary to reduce the working force, it shall first inquire as to whether there are any employees within the affected sub- classification willing to take a voluntary layoff. If there are such employees, they shall be laid off first. During the period of layoff the employee shall not be entitled to any wages or fringe benefits except as provided for in ARTICLE VII, Section 8(E) but shall retain seniority rights and accumulated sick leave time.
(2) Layoffs shall be accomplished according to the following occupational groups (a, b, c) and their respective sub-classifications. It is understood that these occupational groups and sub-classifications are for layoff purposes only.
(a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.Maintenance/Custodial Employees 1 Facilities Coordinator 6 Warehouseman/Xxxxxxx 2 Maintenance Leader 7 Elementary Head Custodians 3 Maintenance Persons 8 Maintenance/Helper 4 Secondary Head Custodian 9 Custodians 5 Warehouseman
(b) A permanent layoff Transportation Employees 1 Transportation Leader/Coordinator 2 Transportation Leader 3 Bus Drivers
(c) Food Service Employees 1 Cook Leader 4 Assistant Cook/Xxxxx 2 Cook/Assistant Leader 5 Kitchen Helper/Driver 3 Cooks 6 Kitchen Helper
(3) Probationary employees in the affected classifications will be defined as a layoff that laid off first. Any layoffs made in the classifications will exceed thirteen (13) weeks due be accomplished by the lowest seniority. The employee with the least amount of seniority within the classification within the affected occupational group will be laid off until the classifications are reduced to a reduction number determined by the BOARD. During the period of layoff the employee shall not be entitled to any wages or fringe benefits except as provided for in the workload. Notice provided shall be per Employment Standards Act (ESAARTICLE VII, Section 8(E). The first eight weeks laid off employee shall retain seniority and accumulated sick leave.
(4) An employee identified for xxxxxx will be considered working noticeable to use his/her occupational group seniority to bump the lowest seniority employee within any classification within his/her occupational group, which is listed in a direct line with or beneath his/her present classification excluding positions requiring a test. It is understood that if the employee has to bump beneath his/her present classification, s/he shall have the right to bump the lowest seniority employee on his/her shift provided s/he is qualified and has the ability to perform the work. In the no event of may an employee gain a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such promotion through a layoff or amalgamationassume a position currently listed under Article IV, Section 6(E) – Promotion to Certain Positions.
ii(a) Meet with If s/he cannot bump an employee on his/her particular shift, s/he may then bump the Union lowest seniority employee on another shift of choice provided s/he is qualified and has the ability to review perform the following:
A) The reasons causing the layoff or amalgamationwork.
B(5) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to When an employee can no longer bump as provided above s/he shall be laid off.
D(6) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” BOARD shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ give written notice of such voluntary or involuntary layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within at least seven (7) calendar days prior to the effective date of receiving the layoff, and a list of the names of such employees shall be furnished to the UNION president on the same date the notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended is given to fourteenthe employee(s).
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. (a) A layoff shall be defined as In the case of a reduction of the number of employees in the bargaining unit. No reduction in the work force, the Employer will notify Employees who are to be laid off twenty-eight (28) calendar days prior to the layoff, and shall forward to the Union a copy of the notice of layoff forthwith, except that the twenty-eight (28) calendar days’ notice shall not apply where layoff results from an act of God, fire, flood or a work stoppage by Employees not covered by this Collective Agreement. If the Employee laid off has not been provided the opportunity to work her regular scheduled hours of work shall take place to prevent or reduce during the impact twenty eight (28) calendar days after notice of layoff, the Employee shall be paid in lieu of such work for that portion of the twenty-eight (28) calendar days during which work was not made available. Where the layoff results from an act of God, fire or flood, the affected Employees shall receive pay for the days when work was not available up to a maximum of four (4) weeks pay in lieu of notice.
(b) A permanent layoff Should the Employer introduce technology change and if such change will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction result in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamationEmployee in the bargaining unit, the Employer will:
i) Provide will notify the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet as far in advance as possible and meet with the Union prior to review implementing such lay off. Such meeting shall take place within 20 working days from the following:
A) The reasons causing date of notice by the layoff or amalgamationEmployer to the Union. Following the 20 day period lay off shall be implemented in accordance with Article 15.01 (a).
B(c) The service that Should a permanent Employee be laid off, the Employer will undertake after meet with the layoffUnion prior to implementing such lay-offs to discuss Union concerns.
C(a) Method Subject to the provisions of implementation including Article 15.02 (b), layoff shall occur in reverse order of seniority.
(b) The Employer shall have the areas of cutback and the Nurses right to retain Employees who would otherwise be laid offoff when layoff in accordance with Article 15.02
(a) would result in retaining Employees who do not have the ability to perform the work.
D(a) Any other alternatives.
iii) A Nurse who Where the Employee’s position has been notified of a permanent layoff may:
A) Accept eliminated, the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to Employer shall place her in a vacant position for which she has the ability to perform the work, or if such is not available, the Employer shall effect a layoff in accordance with Articles 15.01 and 15.02 and place the more senior Employee in the resultant vacant position.
(b) The Employer shall eliminate the position of the most junior Employee within the category of position (i.e. full-time, part-time and temporary) where the position elimination is to occur.
(a) When increasing the work force, recall shall be carried out in order of seniority provided that she/he or he is qualified the Employee has the ability to perform the available work.
D(b) Displace The method of recall shall be by telephone and, if such is not possible, by double registered letter sent to the Employee’s last known place of residence in the Employer’s records. The Employee so notified shall return to work as soon as possible but not later than five (5) working days following the date of the telephone call or the date the registered letter was received. If the Employee does not report within this five (5) working day period, or if in the case of a Nurse who has lesser bargaining unit seniority registered letter such registered letter is returned to the addressee (the Employer), the recall shall be deemed to have been carried out and whose work henceforth such Employee shall have lost the Nurse right to be recalled.
(a) Upon request of the Employee in writing, the Employer shall continue to make payment for its share of the premium of the benefits the Employee is enrolled in on behalf of a laid off Employee for a maximum of one (l) month. The Employee must pay her share prior to being laid off.
(b) In the case of layoff in excess of one (1) month’s duration, the Employee may make arrangements for the payment of the full premiums for applicable Employee benefit plans contained in Article 21 that the Employee is currently participating in, subject to layoff is qualified the insurer’s requirements.
15.06 In the case of layoffs in excess of one (1) month, the Employee shall cease to performaccrue all benefits and rights provided by this Collective Agreement with the exception of seniority, discipline, grievance and arbitration rights and benefits arising under this Article. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined Employee’s increment date shall also be adjusted by the Employer.
iv) In this Article, a “vacant position” same amount of time as the layoff and the new increment date shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he prevail thereafter. Employees shall not be entitled to receive severance Named Holidays with pay in accordance with which may fall during the Employment Standards Actperiod of layoff.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a 15.07 No new Employees will be hired while there are other Employees on layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis capable of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified willing to perform the available work on the basis of her/his skill, ability, experience, qualification, training and educationwork.
(e) Employees subject to layoff 15.08 The operation of this Article shall not be provided with construed as a minimum violation of four (4) weeks’ notice the posting and/or scheduling provisions of layoff or such longer amount of time as provided by the Employment Standards ActArticles 7, 9 and 14.
(f) Nurses who 15.09 Rights to recall shall continue until the Employee has been recalled to a position where her regular work hours have been laid off will be required reinstated or upon the expiry of twelve (12) months following layoff, whichever occurs first. An Employee’s right to return recall shall cease where the Employee is offered reinstatement to a position consisting of her regular work within seven (7) days of receiving a notice of hours, and the Employee declines such recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 28.01 It is the exclusive right of the Employer to:
(a) A layoff shall be defined as a reduction of establish, and vary from time to time the job classifications and the number of employees Employees if any, to be employed in any classification, or in any work place of the Centre; and
(b) assign to other classifications any, or all, of the duties normally performed by classifications of this bargaining unitunit when Employees from within this bargaining unit are not available.
(a) The Parties recognize the value of meeting prior to a layoff process occurring. No reduction in The purpose of this meeting is to discuss the hours process of work shall how layoffs will take place place, review the current seniority list and discuss other relevant factors the Parties agree upon. The Parties will also discuss the process to prevent or reduce the impact be followed for Employees on approved leave of layoffabsence, WCB benefits.
(b) When, in the opinion of the Employer, it becomes necessary to displace an Employee, due to reduction of the work force, or wholly or partly discontinue an undertaking, activity or service, or reduction in regularly scheduled hours of work of a regular Employee, the Employer will notify the Employee not less than fourteen (14) calendar days prior to the date of layoff, except that the fourteen (14) calendar days’ notice shall not apply where layoff results from an act of God, fire, flood or a work stoppage by Employees not covered by this Collective Agreement.
(c) Where the layoff results from an act of God, fire or flood, the not less than fourteen (14) calendar days’ notice is not required but up to two (2) weeks’ pay in lieu thereof based on regularly scheduled hours worked during this period shall be paid to affected Employees.
(d) To assist the Employee in indicating their preference of alternate positions, the Employee will have access to seniority lists, shift schedules, and a list of positions available prior to the consultation with the Employer.
(e) A permanent layoff consultation meeting will be defined as a layoff that will exceed thirteen (13arranged by the Employer between the Employee, the Employer representative(s) weeks due to a reduction in and the workload. Notice provided shall be per Employment Standards Act (ESAUnion representative(s). The first eight weeks consultation process will not be unreasonably delayed as a result of the unavailability of the Union representative.
(f) The Employee, through consultation with the Employer, shall be considered working noticeindicate a preference of positions by selecting a position in the same classification and FTE or less, which is vacant first, then by selecting to displace the Employee with the least seniority in the same classification and FTE or less. In Following consultation with the event of a proposed layoff of permanent or long-term nature or an amalgamationEmployee, the Employer will:may place her in a position within the same classification and FTE.
i) Provide 28.03 Employees who refuse an offer by the Union Employer of alternate work shall be provided with no not less than thirty fourteen (3014) working calendar days’ notice of such layoff or amalgamation.
ii) Meet with specifying the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer date on which she will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any 28.04 No new Regular or Temporary Employees will be hired in classifications where there are other alternatives.
iii) A Nurse Employees in that classification, who has been notified of a permanent layoff may:
A) Accept possess the requisites skills, training, knowledge and ability for the available job, who are on layoff.
B) Opt to retire if eligible under 28.05 Other than for the terms continuation of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform seniority held at the available work.
D) Displace a Nurse who has lesser bargaining unit seniority time of layoff, discipline, grievance and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hoursarbitration rights, as determined by the Employer.
iv) In and rights and benefits arising under this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain Employee’s rights while on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by limited to the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice right of recall. Notice Employment shall be deemed terminated when an Employee does not return from layoff when notified to do so, or on the expiry of recall will be twelve (12) months from the date of layoff, whichever first occurs.
28.06 Employees affected by Registered Mail. The seven (7) days period temporary layoff may be extended elect to fourteenmaintain coverage under the contributory plans specified in Article 24:
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. (a) A layoff For Full-Time or Part-Time Employees, lay-off shall be defined as mean either a permanent reduction in hours which results in more than one Employee receiving a reduction of at least 15% of the number Employee`s regular non-overtime wages for any period of employees in three (3) or more consecutive weeks, or the bargaining unit. No reduction in the hours elimination of work shall take place to prevent or reduce the impact of layoffa position(s).
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or longlay-term nature or an amalgamation, off the Employer will:
i) Provide will provide the Union with no less than thirty (30) working calendar days’ notice of such layoff or amalgamationnotice, business conditions permitting.
ii(c) Meet with Once notice is provided to the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that Union, if requested, the Employer will undertake after meet with the layoff.
C) Method local Union to review: the reason causing the lay-off; the method of implementation including the areas of cutback and reduction; provide copies of the Nurses most up to be laid date seniority.
(d) In the event of an Employee is laid-off, the Employee’s benefits coverage shall cease as of the date of lay-off.
D(e) Any other alternatives.
iii) A Nurse who has been notified Notice of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirtyLay-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he off shall be entitled to receive severance pay posted in accordance with the Employment Standards Act.
vi. The notice shall include the following: The classification, which shall be affected; The number of hours to be reduced, or position(s) If to be eliminated; Effective date; The date of the Nurse has meeting to determine the seniority to bump someone and chooses instead to take the layoffreallocation of hours, the Nurse may have disqualified her/himself from Employment Insurance payments according to their ruleswhere applicable.
(cf) The following process shall apply in the event of a lay-off reducing the hours of one or more Employees: The Employer shall establish a new schedule that reflects the reduction in hours which shall take effect on the Effective date; Following the posting of the notice, a meeting shall be held with Employees in the affected classification to determine the reallocation of hours amongst the Employees on the new schedule. A Union representative may attend the meeting; Beginning with the senior Employee in the affected classification, Employees shall, one at a time, in order of seniority, choose from an available Line in her classification that is the same number of hours she previously had, or less; Where there is no Line left available for the affected Employee they shall have the choice to be laid-off and maintain recall rights in accordance with the provisions of this Agreement, or remain part of the Casual pool; Recall rights for an Employee who is laid-off shall be for the duration set out in Article 11.
(g) In the event of a layoff within a specific geographic areathe elimination of an entire position or positions, the Employee(s) so affected Nurse(s) may choose one of the following: Displace the least senior Employee in that area shall be laid off in her classification and status (i.e. Full-Time displaces Full-Time); or Accept the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a sitelay-wide basisoff.
(dh) Nurses shall be recalled in order An Employee displaced from her status as a result of seniority, unless otherwise agreed between the Employer and above may choose one of the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenfollowing:
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as 11.1 When a reduction of bargaining unit employees is deemed necessary by the Employer, it shall first attempt to accomplish the necessary reduction by normal attrition.
11.2 At least three weeks prior to the notice of layoff, the Employer shall meet with the Association to provide reasons for the layoffs and to discuss any alternatives.
11.3 The procedure for involuntary layoff shall be:
A. The employee(s) in position(s) that are being eliminated will be declared surplus.
B. The least senior employees shall be laid off to accommodate the number of positions eliminated.
C. The positions vacated by the laid-off employees shall be posted and filled pursuant to Article 12. Promotions and Transfers.
D. The District shall not be required to have more than two rounds of postings in accommodating the layoff situation; thereafter, the District shall meet with the employee(s) not slated for layoff who do not have an assignment, and after individual consultation beginning with the most senior surplus employee, shall determine placement to one of the remaining positions.
E. If a position is not filled because no applicant met the qualifications listed in the bargaining unitposting, then the District shall make one or more transfers (as per Article 12.4 Transfer) among existing staff to fill the position. No reduction However, it is understood and agreed that no transfer shall occur under this section which results in a loss of pay to the transferee, unless the transferee wishes to do so. This hold harmless provision from loss in pay shall only continue for an amount of time not to exceed the length of time the transferee held the position from which he/she was transferred. If a position cannot be reasonably filled by transfers, and there is a person on layoff who is qualified to fill the position, the laid-off person shall be recalled and assigned to the position.
F. In the event an employee who has taken a new position under this Section is not performing the duties of the new position satisfactorily after a period of sixty (60) calendar days, the District after consultation with the Union, shall make the necessary reassignments.
11.4 A surplus employee may elect to take a layoff rather than receive a new assignment as provided in Section 11.3.
11.5 The Employer shall send written layoff notices to the employees that will be laid off at least three weeks prior to the effective date of the layoff.
11.6 Laid-off employees shall retain recall rights for three years or the length of their seniority at the time of layoff, whichever is less. In the event an employee who has been laid off is mailed a notice of recall by certified mail, return receipt requested, to his/her last known address on file in the hours Administrative Center, and such employee does not notify the Employer in writing by certified mail, return receipt requested, within ten days after such offer of work recall of his/her acceptance, then such employee shall take place to prevent or reduce have no further rights of reinstatement unless approved by the impact Employer in writing.
11.7 The order of recall shall be most senior recalled first. Employees recalled shall be reinstated with their adjusted date of first employment, their accumulated sick bank entitlement, if applicable, and on the appropriate step on the salary schedule in effect for the employees at the time of layoff.
(b) A permanent layoff will be defined 11.8 Employees who receive new assignments as a result of a layoff that will exceed thirteen (13) weeks due to a reduction situation or are recalled must be qualified for the position. An employee is considered qualified if he/she meets the qualifications listed in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. posting used to fill the position.
11.9 In the event of a proposed layoff of permanent or long-term nature or an amalgamationorder to provide for recall, the Employer will:
i) Provide shall make transfers when necessary that do not result in reducing the Union with no less than thirty (30) working days’ notice of such layoff or amalgamationtransferred employee’s income.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff 11.10 Normal attrition may include voluntary leaves or amalgamation.
B) The service that the Employer will undertake after the voluntary layoff.
C) Method of implementation including the areas of cutback and the Nurses . If this section is to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept used, the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he Association President shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone notified and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified Association shall work out the specific procedures to perform the available work on the basis of her/his skill, ability, experience, qualification, training and educationbe followed.
(e) Employees subject to layoff 11.11 In all cases the official TESA/MEA/NEA seniority list dated March 1, 1982, shall be provided used. This list is on file with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards ActEmployer and the Association.
(f) Nurses 11.12 A secretary who have been is laid off and who is paid unemployment compensation benefits associated with his/her regular clerical assignment during the summer immediately following the layoff, and who is subsequently recalled to a bargaining unit position by September fifteenth (15th) of the following school year, will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenpaid his/her regular wage
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. Section 1. In the event it becomes necessary to layoff, or eliminate a filled position covered by this Agreement, the facility will give the Union advance written notice of its intention to layoff or eliminate a filled position at least fifteen (a15) A days prior to layoff. The Union shall be afforded reasonable opportunity to discuss the matter with the Vice President of the Employer.
Section 2. The Union shall receive information including the number of positions to be reduced including the departments, categories, job titles, and shifts affected by the layoff and/or elimination of positions.
Section 3. Employees selected for layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact given at least ten (10) calendar days’ notice of layoff.
Section 4. Once the department(s), category (ies), job title(s), and shift(s) are determined, the procedure for layoff shall be accomplished in the following order:
a) by subjecting to layoff the least senior employee(s) in the facility, job title category (full-time, part-time), and shift as provided for in Section 7 below;
b) A permanent layoff will be defined as a layoff that will exceed thirteen (13all orientation period and temporary employees in such title(s), and category(ies) weeks due to a reduction in the workload. Notice provided department(s) and shift(s) affected shall be per Employment Standards Act (ESA)removed prior to any regular employee in that job title, category, department, and shift, being subject to layoff;
c) vacancies filled by employees subject to layoff need not be posted under the Transfers and Promotions Article of this Agreement. The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamationFurther, the Employer will:
i) Provide the Union with posted positions to which no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who employee has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire selected may be used if eligible under the terms of the pension plan.
C) Elect to transfer to needed as a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In under this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.;
v) Section 5. When an employee accepts a long-term with seniority is subject to layoff, she/he or has their position eliminated under Section 3 above, such affected employee shall be entitled to receive severance pay placed in accordance with a position in the Employment Standards Actbargaining unit in the following sequence. It is understood that in all placements under Xxxxxx and Recall situations, the employees must meet requirements of the job description.
vi) Step 1: The employee may select any vacant position in the bargaining unit which is in their category of employment, job title and shift. If the Nurse has the seniority employee opts to bump someone drop shift, category and/or job title and chooses instead to take the layoffmaintain grade as a requirement for placement, the Nurse they may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of do so at any step, however, a layoff within a specific geographic area, the affected Nurse(s) in that area shall part-time employee may not be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off placed in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a sitefull-wide basistime position.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. (a) 1. A layoff shall be defined as only result from a reduction lack of work, lack of funds, or job abolishment.
2. When the employer determines that a layoff or job abolishment is necessary, the employer shall furnish the Union written notice of the number name(s), seniority, classification(s) and current assignment location of employee(s) holding positions scheduled to be vacated. The employer shall notify the least senior employee within that classification twenty (20) working days in advance of the effective date of layoff or job abolishment. Employees will be notified of the employer’s decision to implement any layoff as soon as possible. The Union agrees to notify employer within fifteen (15) working days of layoff notice of the status of all employees within that classification.
3. The employer shall determine in which classification(s) and which program area(s) layoffs will occur. Within each classification affected, employees will be laid off in accordance with their seniority based on full-time hire date with the Board.
A. If one (1) or more employee(s) in the bargaining unit. No reduction in affected classification(s) desires to be placed on voluntary layoff regardless of their agency seniority status, layoff shall be granted under the hours of work following conditions:
(i) The volunteer with the most agency seniority shall take place to prevent or reduce the impact of layoffbe laid off first.
(bii) A permanent Employee(s) who are placed on voluntary layoff will may not displace employees in any other classification.
(iii) Employee(s) who are placed on voluntary layoff may only be defined as a layoff that will exceed thirteen (13) weeks due recalled to a reduction vacancies which occur in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be classification from which they were laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When If an employee accepts a long-term layoffvolunteers to accept the layoff status, shehe/he shall she will be entitled to receive severance pay in accordance with the Employment Standards Actbenefits, providing Job and Family Services criteria are met.
vi4. Employees who are laid off shall be placed on a recall list for a period of five (5) If years. An employee will no longer be considered as being “on the Nurse has recall list” if
a) the seniority employee does not accept a recall as provided in paragraph 6 below,
b) the employee fails to bump someone and chooses instead to take provide the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.employer with a current mailing address or phone number,
(c) In the event employee informs the employer in writing of his or her desire to be removed from the recall list, or
d) the employee is receiving PERS Disability benefits or is deceased. Employees who are still on the recall list shall be recalled in the inverse order of their layoff. No new employees will be hired by the employer into a classification(s) affected by a layoff within while there are employees on the recall list for that classification(s). An employee who is on a specific geographic area, the affected Nurse(s) in that area recall list shall be laid off in the reverse order of seniority given first consideration for vacancies that occur, provided that the Nurses who are entitled to remain on the basis of seniority they are qualified to perform the work availablework. Employees laid It is the obligation of the laid-off in employee to notify the Board if there is a specific geographic area shall have the right change of address or phone number if they want to exercise the rights outlined in 10.12 (b) on a site-wide basismaintain recall status.
(d) Nurses 5. Notice of recall from a layoff shall be recalled in order of seniority, unless otherwise agreed between sent to the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall employee by restricted return receipt mail. The Union Chairperson will be provided with a minimum copy of four (4) weeks’ the notice of layoff or such longer amount of time as recall. The employer shall be deemed to have fulfilled its obligations by mailing the recall notice by restricted mail, return receipt requested, to the last mailing address provided by the Employment Standards Actemployee.
6. In the case of a recall, the recalled employee shall have ten (f10) Nurses who have been laid off will be required working days following the receipt or attempted delivery of the recall notice to notify the employer of his/her intention to return to work within seven and shall have fifteen (715) working days from the receipt or attempted delivery, of receiving the recall notice in which to report for duty, unless a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended different date for returning to fourteenwork is agreed upon.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to paragraph (1)(a)(ii) hereof may:
(a) A layoff shall be defined as a reduction of accept the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.; or
(b) A permanent layoff will be defined opt to receive a separation allowance as a layoff that will exceed thirteen outlined in paragraph 4 hereof; or
(13c) weeks due opt to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamationretire, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.Employers of Ontario Pension Plan (HOOPP) as outlined in paragraph 8 hereof; or
C(d) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse displace another employee who has lesser bargaining unit seniority and whose work in the Nurse same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff is qualified has the ability to performmeet the normal requirements of the job. The Employer will provide a familiarization period of up An employee so displaced shall be deemed to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has have been completed laid off and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay notice in accordance with paragraph 1 hereof. An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Employer of his or her intention to do so and the position claimed within ten (10) days after receiving the notice of layoff. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Employer shall not act in an arbitrary or unfair manner. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the Employment Standards Act.
viloss of seniority provision, or have been found unable to perform the work available. The Employer shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to be received on the second day following the date of mailing). 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 his or her proper address being on record with the Employer. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) If working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the Nurse has the seniority bargaining unit shall be laid off by reason of his/her duties being assigned to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) one or more part-time employees. In the event of a layoff within a specific geographic areaof an employee, the affected Nurse(s) Employer shall pay its share of insured benefits premiums for the duration of the six-month notice period provided for in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basisparagraph 1 hereof.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff Where there is a reduction in the workload resulting in a surplus of Nurses, the Employer shall lay off Nurses in reverse order of seniority within the team and then in reverse order of bargaining unit seniority provided the Nurses remaining are qualified to perform the available work. Subject to the above, probationary Nurses shall be defined as first laid off followed by the most junior Nurses. Layoff and recall rights of full-time Nurses shall be separate from part-time Nurses. It is understood that the Employer will exercise its right to layoff in a reduction manner that prefers the retention of full-time over part-time work where operational considerations allow.
(b) Nurses shall be recalled in order of seniority, unless otherwise agreed between the number of employees in Employer and the bargaining unit. Association.
(c) No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(bd) A permanent Nurse on layoff will be defined as a layoff given job opportunities (vacancies) before any new Nurses are hired into that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamationcategory.
ii(e) Meet with the Union to review the following:
ANo new Nurse will be hired when there is a Nurse(s) The reasons causing the on layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified and able to perform the available work.
D(f) Displace A reduction of the permanent part-time staffing complement is considered a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employerlayoff.
iv(g) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(ch) In the event of a layoff within a specific geographic areatemporary layoff, as defined in the Employment Standards Act, the affected Nurse(sEmployer will endeavour to provide the Association with thirty (30) in that area shall be laid off in calendar days’ notice, but no less than fourteen (14) days, and will meet with the reverse order of seniority provided that Association to discuss the Nurses who are entitled to remain on reasons for the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basislayoff.
(di) Nurses shall be recalled in order A nurse who has been notified of seniority, unless otherwise agreed between a temporary layoff may:
i) Accept the Employer and the Unionlayoff; or
ii) Elect to transfer to a vacant position, provided that senior Nurse she is qualified and able to perform the available work; or
iii) Displace the least senior Nurse in the bargaining unit whose work on the basis of her/his skill, ability, experience, qualification, training she is qualified and educationable to perform.
(ej) Employees subject to layoff shall be provided with In the event of a minimum of four (4) weeks’ notice of layoff or such longer amount of time permanent layoff, as provided by defined in the Employment Standards Act, the Employer will provide the Association with no less than thirty (30) calendar days’ notice of such layoff and will meet with the Association to review the following:
i) the reasons causing the layoff;
ii) the service which the Employer will undertake after the layoff;
iii) the method of implementation, including the areas of cutback and the Nurses to be laid off; and,
iv) any other alternatives, including early retirement options.
(fk) Nurses A Nurse who have has been laid off will be required notified of a permanent layoff may:
i) Accept the layoff; or
ii) Opt to return retire if eligible under the terms of the VON Pension Plan; or
iii) Elect to work transfer to a vacant position provided she is qualified and able to perform the available work; or
iv) Displace the least senior Nurse in any status (i.e., full-time, part-time) who has lesser bargaining unit seniority, provided she is qualified and can perform the duties of the Nurse she displaces.
(l) In the case of a temporary or permanent layoff, a Nurse shall indicate her decision as to which option she is selecting within seven five (75) calendar days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteennotification.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic areaand recall, the affected Nurse(s) in that area seniority shall be laid off in the reverse order of seniority determining factor provided that the Nurses who are entitled to remain on employee has the basis of seniority are qualified ability to perform the work available. Employees laid off No new employee shall be hired into a classification so long as there are present employees in a specific geographic area shall the classification on layoff who are willing and have the right ability to exercise perform the rights outlined in 10.12 available work. Upon recall, the affected employee shall be provided with orientation when requested by either party, the duration of which is to be determined by the Employer. Should retraining due to technological change be required, the provisions of Article 2.06 shall apply.
(b) on The rights of employees in the Administrative Staff bargaining unit under this Article shall be separate from the rights of employees in the Support Staff bargaining unit.
(c) The Employer will notify the Union and the Employee(s) affected at least 60 days in advance of any impending layoff and/or abolition of a site-wide basisposition.
(d) Nurses shall All temporary and contract employees will be recalled in order of seniority, unless otherwise agreed between the Employer laid off prior to any full-time and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and educationpart-time employees.
(e) Employees subject Where staffing is reduced or jobs are abolished, layoffs will be on the basis of seniority, provided the employees who remain have the ability to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by perform the Employment Standards Actwork available.
(f) Nurses An Employee may use her seniority to displace a less senior employee,in any classification, provided the employee has the ability to perform the work available. Displaced employees will, in turn, have the same right to use their seniority for the same purpose.
(g) Employees will be recalled from layoff in the order of seniority, provided the employee has the ability to perform the work available.
(h) An Employee who transfers to another office as the result of exercising her bumping rights under this Article, shall have been no claim to moving expenses under Article 9.04.
(i) In accordance with Article 16.00 benefits of laid off employees will be required to return to work within seven (7) maintained by the Employer during the first 60 days of receiving a notice any layoff.
(j) In the event that the Social Contract Negotiations results in improved layoff protection for ONA members, the Employer will meet with the Union to discuss the implications of recallsuch language to members of the Union.
(k) Effective May 1, 1993, an employee who qualifies for severance pay pursuant to the Employment Standards Act shall be entitled to two (2) weeks pay (at the rate applicable on her final day of work) for each completed year of service computed up to and including her last day of work.
(l) Effective May 1, 1993, the Employer agrees to notify the Union at least one
(1) year in advance of any permanent office closure. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenIt is understood that this does not preclude the Employer from downsizing current staffing levels in any office.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice1. In the event of a proposed layoff of permanent or long-term nature or an amalgamationlayoff, probationary Registered Nurses in the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to affected job title shall be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to performoff first. The Employer will provide a familiarization period of up to thirtyIf additional layoffs are required, non-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay probationary Registered Nurses in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area job title shall be laid off in the reverse inverse order of seniority seniority, provided that the Registered Nurses who are entitled to remain on have the basis of seniority are qualified qualifications to perform the work availableduties and assume the responsibilities required. Employees The Employer may lay off Registered Nurses out of seniority order when necessary to staff positions with Registered Nurses who have the qualifications to perform the duties of the job.
2. When a non-probationary Registered Nurse is scheduled to be laid off in and there exists a specific geographic area vacant bargaining unit position for which the Registered Nurse has the qualifications to perform the duties of that position, the Registered Nurse shall be assigned to the vacant position. When a non-probationary Registered Nurse is scheduled to be laid off and there is no vacant bargaining unit position at that time for which the Registered Nurse has the qualifications to perform the duties of that position, then the Registered Nurse shall have the right to exercise bump the rights outlined least senior Registered Nurse in 10.12 (b) on a site-wide basishis/her job title.
3. Non-probationary Registered Nurses who have been laid-off for less than one (d1) Nurses year shall be recalled in order of seniority, unless otherwise agreed between seniority when a vacancy arises in a bargaining unit position for which they have the Employer and the Union, provided that senior Nurse is qualified qualifications to perform the available work duties of the job. If the most senior Registered Nurse then on layoff does not possess the basis requisite qualifications, then the next most senior Registered Nurse shall be recalled, subject to the same requirement that s/he possesses the qualifications to perform the duties of her/his skillthe vacant position. If no Registered Nurses on layoff have the requisite qualifications and no incumbent Registered Nurse with the qualifications to perform the duties of the position applies to transfer to the vacancy after it is posted, ability, experience, qualification, training and educationthe Employer may fill the vacancy with a qualified new hire.
(e) Employees subject to 4. A Regular Part-Time Registered Nurse on layoff shall be provided with have recall rights to a minimum of four (4) weeks’ notice of layoff Full- Time position only if he or such longer amount of time as provided by the Employment Standards Actshe is willing to accept a Full-Time schedule.
(f) 5. Laid-off probationary Registered Nurses do not have any rights to recall. Non- probationary Registered Nurses who have been laid off will be required for more than one year, do not have recall rights
6. For purposes of this Article, the term "qualifications" may include those bona fide job-related qualifications set forth in the applicable job posting and job description, including but not limited to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenexperience, clinical specialty, and/or language proficiency.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. (a) A The layoff of full-time, part-time and temporary nurses shall remain separate. The Employer reserves the right to lay off either full-time, part-time or temporary nurses in accordance with the provisions of this Article. The provisions of this Article shall not apply to casual part-time nurses except where herein specifically stated. Permanent employees shall not be defined as laid off until all temporary nurses have first been released from employment, subject to a reduction of full-time or regular part- time or temporary nurse being willing and qualified to perform the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoffwork.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer willshall:
i) Provide provide the Union with no less than thirty sixty (3060) working calendar days’ notice in case of an indefinite or a permanent layoff. Layoff notice, or pay in lieu of notice, may be given to a nurse at any time during or following the above noted notice periods, providing such layoff or amalgamationnotice is in compliance with Employment Standards.
ii) Meet meet with the Union to review the following:
A) The the reasons causing the layoff or amalgamation.layoff;
B) The the process of implementation;
C) the specific areas of cutbacks and the approximate number of nurses affected;
D) the service that which the Employer Centre will undertake after the layoff.
Ciii) Method Any agreement between the Employer and the Union concerning the process of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under layoffs shall take precedent over the terms of this Article. The unavailability of a Union representative will not delay any action, layoff notices or meetings with nurses by the pension planEmployer regarding layoffs.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(ci) In the event of a layoff within a specific geographic arealayoff, the affected Nurse(s) in that area nurses shall be laid off in the reverse order of seniority at each home location, provided that the Nurses nurses who remain are entitled to remain on the basis of seniority are qualified willing and able to perform the work availableremaining available work. Employees Subject to the foregoing, probationary nurses shall be laid off in a specific geographic area first.
ii) Casual part-time nurses shall have not be utilized at any time full-time or regular part-time nurses remain on layoff, unless such nurses are not willing or able to perform the right to exercise the rights outlined in 10.12 (b) on a site-wide basisavailable work.
(d) Nurses shall be recalled in the order of seniority, unless otherwise agreed between the Employer and the Uniontheir seniority at each home location, provided that senior Nurse is qualified they are willing and able to perform the available work on the basis of her/his skill, ability, experience, qualification, training and educationwork.
(e) Employees subject to layoff shall be provided with a minimum of four (4i) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses A nurse who have been is laid off will be required may opt to return accept the layoff, retire (if eligible under the rules of the Pension Plan), displace the least senior full- time or part-time nurse, at any location, whose work the nurse is qualified to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenperform.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 8.01 For purposes of this Agreement, a “layoff” occurs when the availability of work decreases to the extent that no work is available for one or more employees for an extended period (ai.e. a period longer than six (6) A layoff consecutive calendar weeks). Employees shall not be considered laid off when they are temporarily without work (i.e. for a period of six (6) consecutive calendar weeks or less).
8.02 Employees shall be defined as a reduction laid off and recalled within their own classification on the basis of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
Aa) Seniority shall be the basis of at least one-half (½) of the layoffs, or recalls.
b) The reasons causing the Company may layoff or amalgamationrecall up to one-half (½) of those affected out of seniority order when it believes it is necessary to do so in order to meet its operational and/or customer service objectives.
Bc) The Company shall consider the principle of seniority when exercising its discretion to layoff or recall employees under subsection (b), provided that its ability to meet its operational and/or customer service that the Employer will undertake after the layoffobjectives is not affected by so doing.
C8.03 Laid off employees shall maintain and accumulate seniority for the period of their layoff on the following basis: • Employees with zero (0) Method to eleven (11) months’ seniority shall retain their right of implementation including the areas recall for six (6) months. • Employees with twelve (12) to thirty-five (35) months’ seniority shall retain their right of cutback and the Nurses to be laid offrecall for twelve (12) months. • Employees with thirty-six (36) months or more seniority shall retain their right of recall for twenty-four (24) months.
D) Any other alternatives.
iii) A Nurse who 8.04 It is the employee’s responsibility to keep the Company informed of any change in his/her address, phone number and availability for work. Once a laid off employee has been notified of a permanent layoff may:
Acontacted by the Company about returning to work, he/she shall have two (2) Accept the layoff.
B) Opt weeks to retire if eligible under the terms of the pension plan.
C) Elect report to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D8.05 After one (1) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period year of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When employment an employee accepts a long-term layoffwho is terminated for any reason and who is subsequently rehired, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order his/her previous seniority bridged for purposes of seniority, unless otherwise agreed between the Employer and the Unionthis Agreement, provided that senior Nurse he/she is qualified to perform rehired within one (1) year of such termination. That is, the available work on length of the basis earlier period of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff employment shall be provided added to the length of the current period of employment to determine the employee’s seniority with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards ActCompany.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff the Hospital shall lay offemployees in the reverse order of permanent or long-term nature or an amalgamationtheir seniority within their classification, providing that there remain on the Employer will:
i) Provide job employees who then have the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified ability to perform the available work.
D) Displace a Nurse . An who is subject to layoff shall have the right to either: Accept the layoff;or displace an employee who has lesser bargaining unit seniority and whose work who is the Nurse least senior employee in a lower or identical paying classification in the bargaining unit if the employee subject to layoff is qualified to performperform the duties of the lower or identical classification without training other than orientation. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an Such employee accepts a long-term layoff, she/he so displaced shall be entitled laid Note: An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to receive severance pay in accordance with that of the Employment Standards Act.
vi) If laid-off employee is within of the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) laid-off employee's straight time hourly wage rate. In the event that there are no with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with lesser seniority, who is the least senior employee in a classification where the straight time hourly rate at the level of a layoff service corresponding to that of the laid-off employee is within a specific geographic area, of the affected Nurse(s) in that area employee's straight time hourly rate provided he can perform the duties without training other than orientation. Such employee so displaced shall be laid off The decision of the employee to choose or above shall be given in writing to the reverse order designated hospital representative within ten (10) working days (excluding Saturday, Sunday and Holidays) following the notification of seniority provided that the Nurses who are entitled lay-off Employees failing to remain on the basis of seniority are qualified do so will be deemed to perform the work available. Employees laid have accepted lay-off in a specific geographic area An employee shall have the right opportunity of recall a layoff to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled an available opening, in order of seniority, unless otherwise agreed between provided he has the Employer and the Union, provided that senior Nurse is qualified ability to perform the available work work, before such opening is filled on the a regular basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with under a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mailjob posting procedure. The seven (7) days period may be extended posting procedure in the Collective Agreement shall not apply until the recall process has been completed. In determining the of an employee to fourteenthe work for the purposes of paragraphs above, the Hospital shall not act in an arbitrary or unfair manner.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. A Temporary Employee shall not have the right to grieve when no longer required in the temporary position, or upon expiry of the temporary position,
26.01 All provisions of this Collective Agreement shall apply to Casual Employees, except where modified in this Article.
26.02 No Casual Employee shall be scheduled except with her consent.
26.03 A Casual Employee who has provided the Employer with her availability and who does not accept shifts for a two (2) consecutive months will be terminated ue to position abandonment.
26.04 When a Casual Employee is not notified in advance that a shift has been cancelled and reports for work, the Employee will be paid four (4) houxs at the basic rate of pay. The Employer may require the Employee to perfo1m work during that time.
26.05 A Casual Employee required to work on a Named Holiday shall be paid at one poirtt five times (0.XX) her basic rate of pay for all hours worked.
26.06 Casual Employees shall be paid four percent (4%) of their regular earnings paid at the basic rate of pay as vacation pay on each bi-weekly pay period.
26.07 Appointments, Transfers and Promotions
(a) A layoff Subject to the criteria established in Article 10 of this Collective Agreement, an applicant for regular employment who has experience with the Employer as a Casual Employee within the bargaining unit shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoffgiven preference over external applicants.
(b) A permanent layoff will be defined as All internal applicants for a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided posted transfe.r, promotion and/ or vacancy, shall be per Employment Standards Act informed in writing 0f theit acceptance or rejection within five (ESA). The first eight weeks shall be considered 5} working notice. In days of the event date of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamationappointment.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation26.08 Casual Employees do not accrue seniority.
B) 26.09 The service that the Employer will undertake after the layoffLayoff and Recall provisions do not apply to Casual Employees.
C) Method 26.10 Regular hours of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of work for a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of Casual Employee are up to thirty-seven point five (37.57.5) hourshours per day, as determined by the Employerexclusive of meal periods. Casual Employees are not eligible for overtime until they have worked more than seven point five (7.5) hours in a day, exclusive of meal periods or seventy five (75) hours in a bi weekly pay period.
iv) 26.11 In this Article, a “vacant position” shall mean a position for which addition to the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoffforegoing, the Nurse may have disqualified her/himself from Employment Insurance payments according following provisions of this Collective Agreement do not apply to their rulesCasual Employees: Leaves of Absence, Annual Vacation, Named Holidays, Sick Leave, and "Benefits.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (A) Layoff Procedure
(1) When the BOARD deems it necessary to reduce the working force, it shall first inquire as to whether there are any employees within the affected sub-classification willing to take a voluntary layoff. If there are such employees, they shall be laid off first. During the period of layoff, the employee shall not be entitled to any wages or fringe benefits except as provided for in ARTICLE VII, Section 7 but shall retain seniority rights and accumulated sick leave time.
(2) Layoffs shall be accomplished according to the following occupational groups (a, b, c) and their respective sub-classifications. It is understood that these occupational groups and sub-classifications are for layoff purposes only.
(a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.Maintenance/Custodial Employees 2 Maintenance Leader 3 Maintenance/Grounds 4 Head Custodian, High School 6 Custodian Leader 7 Custodians
(b) A permanent layoff Transportation Employees 1 Transportation Coordinator 2 Bus Drivers
(c) Food Service Employees 1 Cook Leader 2 Cook/Assistant Leader 3 Assistant Cook/Xxxxx 4 Kitchen Helper/Driver 5 Kitchen Helper
(3) Probationary employees in the affected classifications will be defined laid off first. Any layoffs made in the classifications will be accomplished by the lowest seniority. The employee with the least amount of seniority within the classification within the affected occupational group will be laid off until the classifications are reduced to a number determined by the BOARD. During the period of layoff, the employee shall not be entitled to any wages or fringe benefits except as provided for in ARTICLE VII, Section 7. The laid off employee shall retain seniority and accumulated sick leave.
(4) An employee identified for xxxxxx will be able to use his/her occupational group seniority to bump the lowest seniority employee within any classification within his/her occupational group, which is listed in a direct line with or beneath his/her present classification excluding positions requiring a test. It is understood that if the employee has to bump beneath his/her present classification, s/he shall have the right to bump the lowest seniority employee on his/her shift provided s/he is qualified and has the ability to perform the work. In no event may an employee gain a promotion through a layoff that will exceed thirteen (13or assume a position currently listed under Article IV, Section 6(E) weeks due – Promotion to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamationCertain Positions.
ii(a) Meet with If s/he cannot bump an employee on his/her particular shift, s/he may then bump the Union lowest seniority employee on another shift of choice provided s/he is qualified and has the ability to review perform the following:
A) The reasons causing the layoff or amalgamationwork.
B(5) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to When an employee can no longer bump as provided above, s/he shall be laid off.
D(6) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” BOARD shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ give written notice of such voluntary or involuntary layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within at least seven (7) calendar days prior to the effective date of receiving the layoff, and a list of the names of such employees shall be furnished to the UNION president on the same date the notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended is given to fourteenthe employee(s).
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction in the workforce or a reduction of the number regular hours of employees in the bargaining unit. work of an employee.
(b) No reduction in the hours of work shall take place to prevent or reduce the impact of a layoff without the consent of the Union. Such consent will not be unreasonably withheld.
(c) Layoff and recall rights for full-time and part-time within a position shall remain separate.
(d) Employees shall be laid off in reverse order of seniority within position, based on seniority lists updated as of the time of notice of layoff.
(be) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due Recall to a reduction in the workload. Notice provided part-time or full-time position shall be per Employment Standards Act in order of seniority, provided that the most senior employee has the required skills, ability, experience and qualifications for the position being recalled.
(ESA). The first eight weeks f) An employee will respond to a notice of recall sent by registered mail, to the employee’s last known address, within seven calendar days of sending and shall be considered working notice. available for work within an additional fourteen (14) days unless otherwise agreed.
(g) In the event of a proposed an impending layoff of permanent expected to last more than two weeks but less than eight (8) weeks or long-term nature or an amalgamationmore, the Employer willshall:
i) Provide provide the Union with no less than thirty (30) working days’ as much notice of such layoff or amalgamation.as possible;
ii) Meet meet with the Union to review the following:
A) The reasons causing the layoff;
iii) provide as much notice as possible of layoff or amalgamationto each affected individual.
B(h) The service It is understood that any permanent or long-term layoff is an impending layoff expected to last eight (8) weeks or more, and in such cases the Employer shall:
i) prior to the implementation of the lay-off and one (1) month prior to providing the notice of lay-off to affected individuals the Employer will undertake after meet with the Union to review the reasons causing the layoff;
ii) provide working notice in accordance with the Employment Standards Act to each affected individual.
C(i) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse An employee who has been notified of a permanent layoff expected to last eight (8) weeks or more may:
Ai) Accept accept the layoff.
Blayoff and retain their recall rights; or ii) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority resign and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenthe
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 13.01 The layoff of regular full-time and regular part-time nurses shall remain separate. The Employer reserves the right to layoff either regular full-time or regular part- time in accordance with the provisions of this Article. This Article shall not apply to casual or temporary nurses except where herein specifically stated.
(a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer willshall:
i) Provide provide the Union with no less than thirty forty five (3045) working calendar days’ notice of such action for an indefinite layoff and sixty (60) calendar days of notice for a permanent layoff. Layoff notice may be given to a nurse at any time during or amalgamationfollowing the above noted notice periods, providing such notice is in compliance with Employment Standards.
ii) Meet meet with the Union to review the following:
A) The 1. the reasons causing the layoff or amalgamation.layoff,
B) The 2. the service that which the Employer Plasma Operations Centre will undertake after the layoff.
C) Method , 3. the method of implementation implementation, including the areas of cutback cutbacks, and the Nurses to be laid offnurses affected by such actions.
D(b) Any other alternativesConcurrent with issuing notices of long-term layoff pursuant to Article 13.02, and following notice pursuant to Article 13.02, the Employer will make offers of early retirement allowance in accordance with the following conditions:
i) The Employer will first make offers in order of seniority in the department(s) where layoffs would otherwise occur. Further, these offers will be made to nurses in same classification and status as those who would otherwise be given notice of layoff.
ii) The Employer will make offers to nurses eligible for early retirement under the Employer pension plan (including regular part-time, if applicable, whether or not they participate in the Employer pension plan).
iii) The number of early retirements the Employer approves will not exceed the number of nurses who would otherwise be laid off. A Nurse nurse who has been notified elects an early retirement option shall receive, following completion of the last day of work, a permanent layoff may:
Aretirement allowance of two (2) Accept the layoffweeks’ salary for each year of service, to a maximum ceiling of fifty-two (52) weeks’ salary.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(ci) In the event of a layoff within a specific geographic arealayoff, the affected Nurse(s) in that area nurses shall be laid off in the reverse order of seniority at their home location, provided that the Nurses nurses who remain are entitled to remain on the basis of seniority are willing and qualified to perform the work available. Employees remaining available work.
ii) Casual nurses shall not be normally utilized if a laid off in nurse is willing and qualified to perform the available work.
iii) A nurse who is laid off may opt to accept the layoff, retire (if eligible under the rules of the Canadian Blood Services Pension Plan), displace another regular full-time or regular part-time nurse who has less seniority, at any location, and whose work the nurse is qualified to perform. Such nurse shall be credited with seniority subject to Article 10.03.
iv) A nurse who is permanently laid off shall be entitled to a specific geographic area shall have the right severance allowance of two (2) weeks’ salary for each year of service, to exercise the rights outlined in 10.12 a maximum of fifty-two (b52) on a site-wide basisweeks’ salary.
(d) Temporary nurses shall be terminated before regular full-time or regular part-time nurses are laid off subject to such nurse being willing and qualified to perform the work.
(e) Nurses shall be recalled in the order of seniority, unless otherwise agreed between the Employer and the Union, their seniority provided that senior Nurse is qualified they are qualified, willing and able to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Actwork.
(f) Nurses who have been laid off No new nurses will be required hired when there is a nurse(s), either regular full-time or regular part-time, on layoff who is qualified, willing and able to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenperform the available work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff 45.1 The Board agrees that job reduction shall be defined as a reduction of accomplished through normal attrition first, then the number of employees in the bargaining unit. No reduction in the hours of work layoff and recall procedures shall take place to prevent or reduce the impact of layoffapply.
(b) A permanent layoff will be defined as a layoff 45.2 The Board agrees that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of layoff, no Member covered by the bargaining unit shall be treated in a proposed layoff manner, which is inconsistent with the terms of permanent Article 45.
45.3 The Board agrees that when a decision is made to layoff, make a position redundant, close a school or long-term nature or an amalgamationdepartment, the Employer will:
i) Provide Board shall notify the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after in writing, and each Member affected by the layoff.
C) Method of implementation including the areas of cutback and the Nurses 45.4 A Member who is to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirtylaid-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he off shall be entitled to receive severance pay given appropriate notice in accordance with the Employment Standards Act.
vi(a) If a Member has been informed in writing by the Nurse has Board that the Member will be laid off because of redundancy or closure, the Member may exercise the Member’s right to retain a position with the Board in accordance with Article 45 – Layoff and Recall.
(b) Layoff procedures shall be subject to the following order;
(i) Temporary and Casual Members in order of service beginning with the Member with the least service as provided in Schedule “C” shall be displaced to the Temporary and Casual pool;
(ii) Probationary Members in reverse order of date of hire;
(iii) Permanent Members in order of seniority beginning with the least senior Member.
45.6 The following layoff procedures in Articles 45.5 to bump someone 45.21 inclusive shall apply only to permanent and chooses instead probationary Members.
(a) The Board shall identify those positions to take the be eliminated as a result of a decision to layoff, make a position redundant, or close a school or department.
(b) Members occupying eliminated positions shall be declared surplus.
45.8 The equivalent number of Members as were declared surplus in Article 45.5 (b) shall be declared redundant on the Nurse basis of date of hire for probationary Members beginning with the most recent date of hire and seniority for permanent Members beginning with the least senior and placed on the Temporary Redundancy List.
45.9 For the purpose of the displacement procedure, the Member is entitled, wherever possible, to either a full-time or half-time status. Through the displacement process, a Member may voluntarily elect to accept, on a permanent basis, a position that is less than their status (full-time/part-time; 12 month/10 month) prior to displacement. If the Member makes such a choice, the Board’s obligation to the Member shall have disqualified her/himself from Employment Insurance payments been met, however, the Member shall be allowed to return to the Member’s former grade level, if it becomes available within thirty (30) months of the Member’s displacement.
45.10 The Board shall identify all vacancies by grade level, created by attrition or created by placing the least senior Members on the Temporary Redundancy List.
(a) All vacancies described in Article 45.10 shall be filled according to the following displacement procedures:
(b) In order of seniority for permanent Members beginning with the most senior and on the basis of date of hire beginning with the least recent date of hire for probationary Members, each surplus Member who is not on the Temporary Redundancy List shall be displaced into a vacant position in the Member’s salary grade provided the surplus Member is qualified;
(i) Failing 45.11 (b), the surplus Member shall be displaced into a position in their rulessalary grade held by the least senior Member holding a position for which the surplus Member is qualified;
(ii) The Member displaced in clause 45.11 (c) (i), shall now be declared surplus and shall continue through the displacement procedures in order of seniority for permanent Members beginning with the most senior and on the basis of date of hire beginning with the least recent date of hire for probationary Members;
(d) Failing 45.11 (c) (ii), the surplus Member shall be displaced into a position in the next lowest job grade according to the same procedure described above until a position is attained by the surplus Member.
(e) Failing 45.11 (d), the surplus Member is added to the Temporary Redundancy List.
45.12 All remaining vacancies shall be posted according to Article 33 – Job Posting. Postings shall be open to all permanent and probationary Members including Members on the Temporary Redundancy List.
45.13 All Members remaining on the Temporary Redundancy List after all vacancies have been filled shall be notified in writing by the Board and identified as a permanent Member scheduled for layoff.
45.14 If a Member employed half-time or less displaces a full-time Member under these procedures, it may be necessary to share the assignment with another Member.
45.15 If, under these procedures, a Member is transferred to a position at a lower salary grade, the Member’s existing weekly salary rate shall be red-circled for a period of up to two (2) years, or until the rate of pay for the position catches up to or supersedes that which the Member is presently receiving. In such case the Member shall no longer be red-circled. At the end of the two (2) year period the Member shall then be paid at the maximum of the grade level of the position.
45.16 A Member shall have the right to be recalled for thirty (30) months from the date of layoff.
(a) A Member displaced and transferred to another position under these procedures shall be given the opportunity to return to the Member’s original grade level of equal or lesser time when a position becomes vacant within thirty (30) months from the date of displacement.
(b) A Member as stated in 45.17 (a) shall have the right to be reinstated to a position in their original grade level, for which they are qualified. Such reinstatement shall be offered as follows:
(i) a less than point seven (.7) employee to a half-time position
(ii) a point seven (.7) or more employee to a full-time position Such Member shall then assume either the half-time or full-time equivalency on a permanent basis until such time as the Member posts to another position.
(a) The Board shall not hire from outside the Bargaining Unit to fill future vacancies within the bargaining unit until:
(i) first filling the position in accordance with Article 45.17;
(ii) then, if a vacancy remains, posting the position in accordance with Article 33 – Job Posting. Posting shall be open to all permanent and probationary Members including Members on the Recall List ; and
(iii) then, if a vacancy remains, offering the opportunity, in order of seniority or less recent date of hire, as the case may be, among other Members on the Recall List, to a Member on the Recall List who is qualified for the position.
(b) Postings of vacancies will be made available through the Union Office, for those Members on the Recall List.
45.19 A Member who is given notice of layoff may, in writing, waive the right of recall, and receive a severance allowance equal to two (2) week’s salary for each year of service, up to a maximum of twenty-six (26) weeks’ pay. The Board shall have no further obligation to a Member who elects to receive a severance allowance instead of retaining the right of recall.
(a) A Member on layoff and subject to recall shall, for a period of thirty (30) months commencing from the date of layoff, be given first consideration to perform supply work or to fill a temporary assignment within the bargaining unit, providing the laid off Member is qualified and capable of performing the duties. The laid off Member shall be required to advise the Human Resources Department from time to time as to the Member’s availability for such work.
(b) During the period of recall and while working in a casual or temporary assignment, the Member may elect to receive full benefit coverage. The Board shall contribute its share of the premium cost for the Member’s benefit coverage. If the Member withdraws from benefit coverage during the period of recall, the Member shall be ineligible to re-enrol. If the Member is not employed during any working month, the Member shall contribute the full premium cost of such benefit coverage.
(c) In During the event period of recall and while working in a layoff within a specific geographic areacasual or temporary assignment, the affected Nurse(sMember shall accrue two (2) days sick leave per month to be added to the sick leave balance of that Member at the end of the recall period. Sick leave will not be granted during any month in which the Member is not working during that area month. If a Member is working in a casual or temporary assignment during the period of recall and is absent due to illness or personal injury, then the Member may draw upon the accumulative sick leave balance that the Member had in the sick leave account at time of displacement. At the end of the recall period the total number of sick days earned during the recall period shall be laid off in added to the reverse order Member’s sick leave credit account together with any sick leave balance the Member had at time of seniority provided that displacement minus any days used during the Nurses who are entitled to remain on the basis period of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basisrecall.
(d) Nurses shall be recalled in order of seniority45.21 If a Member, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff or on recall, refuses in writing, an offer of employment of equal or greater time on the permanent staff under these procedures, the Board shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by have no further obligation to the Employment Standards ActMember under this Collective Agreement.
45.22 The Board shall provide Employee Assistance Service through the Board’s EAP Program for Members affected by these procedures.
45.23 If a Member is recalled to the permanent staff from layoff within thirty (f30) Nurses who have been laid off months of the date of layoff, the Member’s seniority and sick leave will be required reinstated as if there was no interruption of service.
45.24 If a Member, who held a twelve (12) month position, is transferred under this Article to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenten
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 14:01 Where there is a reduction in the working force, the following procedures shall be used:
(a) A layoff All probationary employees through the plant shall be laid off first;
(b) Thereafter employees shall be laid off in inverse order of seniority; Provided there are available employees who are able to satisfactorily perform the work to be done. Employees retained must be able to satisfactorily perform the work available and will be allowed a five (5) day familiarization period. For the purpose of this article a familiarization period will be defined as an employee having previously held the classification, backup position or having acquired the same work experience in another classification. When an employee is laid off from their classification, they have three (3) working days from the date of layoff notification to notify the Company in writing of their desire to exercise their seniority and go to another classification for which they are able and qualified to perform. If the employee does not have the seniority to bump into that classification, and it later becomes available as a reduction full time opening, that employee will be allowed the option to exercise their seniority to bump into that classification provided they have put their option in writing within the three (3) day period of layoff and they have the seniority to go. If employees are to be displaced from their current shift as a result of a layoff, the following procedure shall apply:
a) The Company will provide the Union with the number of employees required to fill the open positions on the day and afternoon shifts.
b) The employees will fill the open positions by seniority and will carry their workcell selection to the new shift. In the event the midnight shift is cancelled and the displacement of employees from their work cells will exceed four (4) weeks, work cells will be repicked.
14:02 When there is an increase in the bargaining unitworking force after a layoff the reverse of the above layoff procedure shall be followed. No Employees recalled must be able to satisfactorily perform the work available and will be allowed a five (5) day familiarization period.
14:03 A list of employees to be laid off shall be made available to the Union at least forty-eight (48) hours prior to the layoff becoming effective. It is understood and agreed that the Company may give shorter notice of layoff in circumstances beyond the control of the Company.
14:04 In the event of a layoff which lasts longer than the balance of a regular shift upon which the layoff occurs, reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided working force shall be per Employment Standards Act in accordance with the layoff procedure in 14:01 (ESAabove). The first eight weeks shall be considered working notice. In the event of a proposed layoff reduction of permanent or long-term nature or an amalgamationthe workforce during a shift, the Employer will:
i) Provide Company will canvass high seniority employees within the Union with no less than thirty (30) working days’ notice respective classification, to leave early prior to laying-off the lowest seniority employees for the balance of such layoff or amalgamationthat shift, provided however, those lower seniority employees being retained are capable of performing the work available.
ii) Meet with 14:05 If an employee on layoff notifies the Union Company in writing that he shall not be available for a special period of time and if he would have been recalled during that period of time the Company, subject to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms efficient staffing of the pension plan.
C) Elect plant, will bypass him during the recall and go to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority next most senior employee and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall not be entitled to receive severance pay in accordance with further recall until such time as further employees are recalled and after the Employment Standards Act.
vi) If expiration of the Nurse has specified period of time that he notified the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in Company that area shall he would be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right If an employee elects to exercise the rights outlined in 10.12 (b) be by-passed he will be deemed to be on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ proper notice of layoff or such longer amount of time as provided required by the Employment Standards Act.
(f) Nurses who have been 14:06 When students are employed they shall be laid off before the employees.
14:07 The Shop Committee will be required retained at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform.
14:08 If an employee who is off on Sickness and Accident Benefits, or Workers Compensation becomes fit to return to work within seven and so notifies the Company at least one (71) days full work day before the return to work of receiving a notice of recall. Notice of recall their intention to return to work, the employee will be by Registered Mail. The seven (7) days period may be extended to fourteenpaid four
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A. A layoff shall be is defined as a situation where any teaching assignments have been reduced.
B. Probationary teachers shall be laid off first. A probationary teacher shall not be laid off unless there is a tenure teacher who is certified, highly qualified, and available to perform the duties of the position the probationary teacher is vacating or unless the position that the probationary teacher is vacating is being eliminated altogether.
C. If the reduction of the number of employees certified teachers is still necessary, then tenured teachers in the bargaining unit. No reduction in specific positions being reduced or eliminated shall, on the hours basis of work shall take place seniority, have the right to prevent or reduce replace any lessor seniored teacher for which the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA)replacing teacher is certified and highly qualified. The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
iteacher(s) Provide the Union with no less than thirty (30) working days’ exercising this "right to replace" must give written notice of such layoff intent to the office of the Superintendent within four (4) business days of the Administration's issuance of the Notice of Reductions. If no notice is timely given to the Administration, the Administration may assign the teacher to another position for which the teacher is certified and highly qualified. This process shall continue until no further replacements can occur and those teachers who cannot replace another teacher because of certification, highly qualified status, or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to seniority shall be laid off.
DD. Seniority in the district, for the purposes of the Agreement, shall mean continuous full or part-time employment in the district, including substitute service by laid off bargaining unit members. Except that substitute service shall be credited on the seniority list as one year when ninety-one (91) Any other alternativeswork days have been completed within the same school year. Teachers will receive credit for leaves of absence in accordance with the provisions of the Article IX.
iii) A Nurse who has been notified E. Recall shall be in the inverse order of a permanent layoff may:
A) Accept layoff, i.e., those laid off last will be recalled first, provided, however, the layoffteacher is certified and highly qualified to teach the specific course(s).
B) Opt F. Certified personnel who are laid off pursuant to retire if eligible under this article have the terms of right to become additionally certified and highly qualified and replace the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform least seniored teacher in the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process laid off person qualifies for up to four (4) years following their layoff after which time the laid off employee has no further rights under this contract. This placement will only occur at the beginning of a semester. The Administration must be notified twenty (20) days before the start of the semester of the change in the teacher's certification or highly qualified status.
G. Seniority will continue to accrue only for three (3) years while on district layoff. This level of seniority shall be frozen after three (3) years unless the teacher substitutes. Substitute service shall be credited on the seniority list as one year when ninety-one (91) work days have been completed in one school year.
A. A layoff is defined as a situation where any teaching assignments have been reduced.
B. Placement shall be based upon effective, qualified teachers in each position. To that end the Board shall seek to place the most qualified and effective teachers who are certified for each position. In the event that all other factors are equal, the District shall consider District seniority as the “tie breaking” factor, so long as the teacher has been completed and no successful applicant evaluated as “effective” or “highly effective.” Probationary teachers who are rated as “effective” or “highly effective” shall not be displaced by another teacher solely on the basis that the other teacher has been appointedattained tenure.
v) When an employee accepts a longC. Seniority in the district, for the purposes of the Agreement, shall mean continuous full or part-term layofftime employment in the district, she/he including substitute service by laid off bargaining unit members. Except that substitute service shall be entitled to credited on the seniority list as one year when ninety-one (91) work days have been completed within the same school year. Teachers will receive severance pay credit for leaves of absence in accordance with the Employment Standards Actprovisions of the Article IX.
vi) If D. Recall of laid off teachers shall be conducted in accordance with law, considering evaluations, qualifications, and effectiveness of the Nurse has the seniority teacher. Seniority shall only be a factor if all other factors relating to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rulesteacher effectiveness shall be equal.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be E. Certified personnel who are laid off in the reverse order of seniority provided that the Nurses who are entitled pursuant to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall this article have the right to exercise become additionally certified and highly qualified and replace the rights outlined least effective teacher in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and position for which the Union, provided that senior Nurse is qualified laid off person qualifies for up to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of years following their layoff or such longer amount of after which time as provided by the Employment Standards Actlaid off employee has no further rights under this contract.
F. Seniority will continue to accrue only for three (f3) Nurses who years while on district layoff. This level of seniority shall be frozen after three (3) years unless the teacher substitutes. Substitute service shall be credited on the seniority list as one year when ninety-one (91) work days have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteencompleted in one school year.
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. a. When a permanent layoff is anticipated, Administration will provide a thirty (a30) A layoff shall day notice, unless impracticable, to affected employees and the Association. The RN and an Association representative will be defined as provided the opportunity to discuss the procedure with the Employer. Any accrued PTO and eligible EIB time will be paid upon termination per the provisions of this Agreement. In the event the Employer fails to provide 30 days’ notice or elects not to do so, the affected employee will be offered a reduction severance package of two (2) weeks’ pay and the cash out of the number PTO/EIB time per the provisions of employees in this Agreement. The terminated employee will be eligible for benefit continuation through COBRA. The RN being laid off will remain subject to all Employer policies and procedures, including professional conduct, until the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact effective date of layoff.
(b) A permanent layoff will be defined as b. If in the Employer’s judgment a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamationbecomes necessary, the Employer willwill determine the services and/or level of patient care to be provided and the staffing structure which will best meet these objectives. The Employer will determine which positions will be retained based on the determination of services and/or the level of patient care to be provided. All efforts will be made by the Employer to reassign RNs, in order of seniority, to appropriate positions prior to layoffs being made. If knowledge, skills, abilities, and prior performance are equal in the affected department, the following order is to be followed for the layoff process:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer 1. Requests will undertake after the be made for voluntary layoff.
C) Method of implementation including the areas of cutback and the 2. Registered Nurses to in temporary positions will be laid off,
3. Probationary Registered Nurses shall be laid off.
D4. If there continues to be a need for reduction of force, the Registered Nurse with the least seniority in the affected department shall be laid off. Human Resources shall maintain a list of laid off RNs for a period of one (1) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept year. It is the layoff.
B) Opt to retire if eligible under the terms responsibility of the pension plan.
C) Elect RN to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority maintain contact with HR of their recall availability, and whose work the Nurse subject to layoff is qualified to performcurrent contact information. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event that a RN position covered under this contract becomes open, it shall be posted internally first according to the procedure outlined in this contract. If an internal candidate is not found, then HR shall pass the applications of the laid off RNs on to the hiring director. If knowledge, skills, abilities, and prior performance are equal, seniority will be the determining factor in making a layoff within a specific geographic areahiring decision. If opening remains after this procedure is followed, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off position will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenposted publicly.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. (a) In the event of need for layoffs, the following procedure shall apply:
Section A – Prior to any layoff, the District shall confer with the Association for the purpose of reviewing the necessity for layoff and securing input on layoff decisions.
Section B – The District shall maintain an updated seniority list on the District Intranet which lists employees by bargaining unit seniority and by KSP seniority. The list shall be updated no later than December 1 and a second time on or before March 1 of each school year.
Section C – Bargaining unit seniority shall be defined as a reduction the total length of unbroken service to the District and shall be designated by the most recent date of hire. KSP service shall be defined as the number of employees years, months and days served either as an office employee or as a paraprofessional. KSP seniority shall be residual and cumulative as long as service within the bargaining unit is unbroken. Layoff, leaves of absence and service to the employer outside the bargaining unit shall not constitute a break in service. See Article VIII, Section 6.
Section D – Layoff shall occur by position deletion, the least senior employee in a particular position receiving a layoff notice.
Section E – Employees receiving layoff notice shall exercise bumping rights in the bargaining unitfollowing manner by seniority:
1. No reduction First, by bumping the least senior person in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse same classification/range who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean holds a position for which the posting process has been completed laid off employee is qualified. Full-time employees who have classification/range split assignments are not to be excluded from bumping and no successful applicant has been appointedwill be included in the classification/range wherein the employee performs the greatest amount of work. If the employee performs an equal amount of work, the highest classification/range shall be used.
v) When an employee accepts a long-term layoff2. Second, she/he shall be entitled to receive severance pay if lack of qualification precludes bumping in accordance with (1) above, bumping shall proceed against the Employment Standards Actleast senior employees by successive progression through the lowest classification/range for which the employee is qualified.
vi) If 3. Third, an employee who is to be laid off, or displaced as a result of bumping automatically must be considered to fill any existing vacancy for the Nurse has employee’s same or lower classification/range, provided the seniority to bump someone employee is qualified and chooses instead to take completes a transfer request.
4. Fourth, if lack of qualification precludes any of the layoffabove, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area employee shall be laid off in and may apply for unemployment benefits pursuant to the reverse order rules of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basisMESC.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No workforce or a reduction in the normal hours of work as defined in clause 15.01. This definition shall take place not apply in the event of an unplanned work disruption not expected to prevent or reduce the impact of layoffexceed five (5) working days.
(b) A permanent An Employee who is subject to layoff will be defined as shall have the right to either:
(i) Accept the layoff; or
(ii) Displace an Employee who has lesser bargaining-unit seniority and who is the least senior Employee in a layoff that will exceed thirteen (13) weeks due to a reduction lower or identical paying classification in the workloadbargaining unit if the Employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation. Notice provided Such Employee so displaced shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D(c) Any other alternatives.
iii) A Nurse who An Employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified ability to perform the available work.
D) Displace work before such opening is filled on a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to performregular basis under a job posting procedure. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by posting procedure in the Employer.
iv) In this Article, a “vacant position” Collective Agreement shall mean a position for which not apply until the posting recall process has been completed and no successful applicant has been appointedcompleted.
v(d) When In determining the ability of an employee accepts Employee to perform the work for the purposes of the paragraphs above, the Centre shall not act in an arbitrary or unfair manner.
(e) An Employee recalled to work in a long-term layoff, she/different classification from which he was laid off shall have the privilege of returning to the position he held prior to the layoff should it become vacant within six (6) months of being recalled.
(f) No new Employee shall be entitled hired until all those laid off have been given an opportunity to receive severance pay return to work and have failed to do so, in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order loss of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified provision, or have been found unable to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(dg) Nurses shall be recalled in order It is the sole responsibility of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses Employee who have has been laid off will be required to notify the Centre of his intention to return to work within seven five (75) working days (exclusive of receiving a Saturdays, Sundays and paid holidays) after being notified to do so by registered mail, addressed to the last address on record with the Centre (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) working days after being notified. The notification shall state the job to which the Employee is eligible to be recalled and the date and time at which the Employee shall report for work. The Employee is solely responsible for his proper address being on record with the Centre.
(h) Employees on layoff or notice of recalllayoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. Notice An Employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff.
(i) No full-time Employee within the bargaining unit shall be laid off or have her/his hours reduced by reason of her/his duties being assigned to one or more part-time Employees.
(j) In the event that a layoff commenced on the day immediately following a paid holiday, an Employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the layoff commenced.
(k) A laid-off Employee shall retain the rights of recall will be by Registered Mail. The seven for a period of twenty-four (724) days period may be extended to fourteenmonths from the date of layoff.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A In the case of layoff or recall, seniority shall govern so long as it does not prevent the Company from maintaining a working force of employees who are qualified to do the work which is available, at the rate of pay applicable to the job. Employees who are in their last progression period in a training program will not be treated as trainees for layoff purposes. Employees to be laid off shall be defined notified by Management as a reduction far in advance of the number of layoff as is practicable. In any event, employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
will receive no less than three (b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due 3)days notice prior to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working noticelayoff. In the event case of a proposed layoff of permanent layoff, non-skilled employees may bump into any skilled job for which they are qualified providing they have the seniority to do so. In addition to the preceding section above and in the circumstances outlined herein, when five (5 )or long-term nature or an amalgamationmore employees are being laid off in any given work week, the Employer will:
iCompany will provide training prior to the actual layoff, to no more than two (2)employees per department (for a maximum of nine (9) Provide employees per layoff) in the Union with no less than thirty (30) working days’ notice classifications as outlined below, of such layoff or amalgamation.
ii) Meet with those who would have been laid off and who would not be qualified to bump into any other classification in the Union plant. In order to review be afforded this opportunity, the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses employees to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has off must have the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
two (c2) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off most junior incumbents in the reverse order of seniority classification for which the training will be provided. The training provided that will be sufficient to qualify the Nurses who are entitled to remain on the basis of seniority are qualified employees to perform the requirements of the following classifications: Press End Wrapper Litho Tin plate Sorter Can Assembly Bodymaker Feeder and/or Operator Operator and/or General Labour Maintenance Janitor but in any event such training will not extend beyond three (3) work available. Employees laid off in a specific geographic area shall have days, during which time the right to exercise employee must acquire adequate skills and demonstrate the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified ability to perform the available work on job requirements to the basis degree of her/his skillproficiency required of other employees in the job. Can Line Quality Assurance Shipping and Receiving Press and Shearing Machine Shop, abilityElectrical, experience, qualification, training Stores and education.
(e) Employees subject to layoff Litho Metal Closures An employee’s continuous service shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time considered as provided by having been terminated and all service forfeited if the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenemployee:
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (In the event of a proposed layoff of two weeks or more, the Hospital will:
a) A provide the Union with no less than six (6) months' notice of such layoff; and
b) meet with the Union through the Labour/Management Committee within sixty (60) days of the initial notice of layoffs to review the following:
(i) the reason causing the layoff;
(ii) the service the Hospital will undertake after the layoff;
(iii) the method of implementation including the areas of cut-back and employees to be laid off;
(iv) ways the Hospital and the Union can assist employees to find alternate employment. Any agreement between the Hospital and the Union resulting from the above review concerning the method of implementation will take precedence over other terms of layoff in this Agreement. Notice of layoff shall be defined as a reduction in accordance with the provisions of the number of employees in the bargaining unitEmployment Standards Act. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in without the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working noticeconsent of the Union. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a Hospital shall layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off employees in the reverse order of their seniority provided within their classification, providing that the Nurses those employees who are entitled to remain on the basis of seniority are qualified job have the qualifications and ability to perform the work available. Employees laid off in a specific geographic area An employee who is subject to layoff shall have the right to exercise either:
a) accept the rights outlined in 10.12 layoff and be placed on a recall list for twenty-four (24) months or length of seniority whichever is shorter; or
b) on a site-wide basisDisplace an employee who has lesser Bargaining Unit seniority and who is the least senior within the same wage classification.
(dc) Nurses shall be recalled in order of seniorityFailing displacement under 9.07 second b) above, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees employee originally subject to layoff may choose to displace an employee who has lesser Bargaining Unit seniority and who is the least senior employee in the next lower wage classification.
d) The displacement process outlined in 9.07 c) above shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Actrepeated until all classifications have been exhausted.
e) Displacement shall only occur if the employee originally subject to layoff can perform the duties of the lower or identical paying classification with minimal training including orientation (f) Nurses who have been not to exceed 7 days). Such employee so displaced shall be laid off will be required subject to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteentheir right under this section.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. 13.01 In the event of a proposed layoff by the Hospital of a permanent or long-long term nature or an amalgamationaffecting full-time and/or regular part-time Employees, the Employer Hospital will:
i(a) Provide provide the Union with no less than thirty ninety (3090) working days’ calendar days notice of such layoff or amalgamation.and;
ii(b) Meet meet with the Union to review the following:
A(i) The the reasons causing the layoff or amalgamation.layoff;
B(ii) The service that the Employer service, which the Hospital will undertake after the layoff.;
C(iii) Method the method of implementation including the areas of cutback and the Nurses Employees to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified . In the event of a proposed layoff by the Hospital which is not of a permanent layoff may:
A) Accept or long term nature or a cutback in service which will result in displacement of regular full-time or regular part-time staff, the layoff.
B) Opt Hospital will provide the Union with no less than 30 calendar days notice. Notice shall not be required in the case of a cancellation of all or part of a single scheduled shift, provided that Article 17.05 has been complied with, or in the case of a work disruption. In the case of a work disruption Employees may utilize their accrued vacation and lieu time, if available. If requested, the Hospital will meet with the Union to retire if eligible under review the terms reasons and expected duration of the pension plan.
C) Elect cutback in service, realignments of service or staff and its effect on Employees in the bargaining unit. Notice of layoff to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he Employees shall be entitled to receive severance pay in accordance with the provisions of the Employment Standards Act.
vi) If . Any agreement between the Nurse has Hospital and the seniority to bump someone and chooses instead to Union resulting from the review above concerning the method of implementation will take precedence over the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rulesterms of this Article.
(ca) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area Hospital shall be laid lay off Employees in the reverse order of their seniority provided within their classification, providing that the Nurses who are entitled to there remain on the basis of seniority job Employees who then have the ability and are qualified to perform the work available. Employees laid off in work.
(b) An Employee who is subject to layoff of a specific geographic area permanent or long-term nature shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.right:
(di) Nurses shall be recalled in order of seniorityto accept the layoff, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.or
(eii) Employees displace an Employee who has lesser bargaining-unit seniority and who is the least senior Employee in a lower or identical-paying classification in the bargaining unit if the Employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation. Such Employee so displaced shall be provided with a minimum then become the subject of four (4) weeks’ notice of this layoff or such longer amount of time as provided by the Employment Standards Actprovision.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff Seniority prevails in the layoff, recall and earning opportunities of custodians. In reducing the work force because of legitimate cause, the last custodian employed shall be defined as a reduction of the number of employees in first employee laid off and the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided last custodian laid off shall be per Employment Standards Act (ESA)the first employee recalled and re-employed. The first eight weeks shall be considered working noticeIn the laying off and the reemployment of laid off personnel, the particular work performed as defined by job description is an important factor. In the event of a proposed layoff layoff, a custodian so laid off shall be given two-week notice of permanent or longrecall to work, mailed by certified mail to his/her last known address. In the event the custodian fails to make himself/herself available for work at the end of said two-term nature or an amalgamationweek they shall lose all seniority rights under this Agreement; however, the Employer will:
itwo-week or time limit may be extended by mutual agreement between the Board and the custodian. SECTION 5.15 - OPPORTUNITIES FOR OVERTIME SECTION 5.15(a) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet - EQUITABLE DISTRIBUTION OF OVERTIME Opportunities for overtime work in each building shall be distributed on a fair and equitable rotation among all full-time custodians in that building. Custodians who wish to be contacted for overtime work shall annually place a letter stating their desire for overtime with the Union to review Facilities Supervisor. Full- time custodians with letters on file will be assigned on a seniority rotation basis only after regular full-time custodians in the following:
A) The reasons causing building have waived the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to performopportunity for overtime. The Employer will provide a familiarization period Board shall be deemed to have met its obligation to offer overtime in order of up rotation by contacting the employee, in order of rotation, in person, if the employee is working at the time the assignments are being made, or by making an attempt to thirty-seven point five (37.5) hours, as determined reach the employee at the last telephone number provided by the Employer.
iv) In this Articleemployee to the Board. If a full-time custodian refuses an overtime assignment when offered, a “vacant position” shall mean a position for which or cannot be reached by telephone if the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a longfull-term layofftime custodian is off duty at the time the assignment is made, she/he they shall be entitled deemed to receive severance pay have forfeited his/her opportunity during that rotation, and shall not be offered overtime again until his/her turn in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) next rotation. In the event of a layoff within a specific geographic areaany dispute regarding assignment of overtime, the affected Nurse(s) in only remedy that area shall be laid off available is the offer to the employee of an equal number of hours of additional future overtime to provide a balance in the reverse order distribution of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basisovertime.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. A. Layoff or Alternatives to Layoff
1. At least thirty (a30) A days in advance of the agency sending notice of proposed layoff, management shall meet with representatives of the Union to discuss alternatives to the proposed layoffs. The purpose of the discussion shall be to attempt to come to a consensus regarding the alternative most likely to satisfy the needs of the Agency and the Union membership. While the final decision-making power shall remain with management, management and Union representatives shall make a genuine, good faith effort to reach agreement as to that final decision. The discussion shall include exchange of information relevant to the proposed layoffs and exploration by management and the Union of possible alternatives. Discussion shall include, but not be limited to, the alternatives set out in subsection 2 below. Opportunity shall be provided for Union representatives to report to the membership and return for further meetings with management toward reaching consensus.
2. The following alternatives shall be considered in making the decision discussed in subsection (A)(1) above:
a. Voluntary job sharing among two or more members of the bargaining unit in lieu of layoff of a member of the bargaining unit.
b. Voluntary reduction in pay and/or benefits by members of the bargaining unit in lieu of layoff of a member of the bargaining unit.
c. Voluntary reduction in work hours by members of the bargaining unit in lieu of layoff of a member of the bargaining unit.
d. The Agency shall pay the following benefits, as provided in Article III, to bargaining unit members whose work hours and/or salaries are reduced in an alternative to layoff: medical, dental, and vision insurance; the employer's and employee's contribution to the Public Employees' Retirement System, as set out in Section 3.02; pro rata deferred compensation; State Bar dues; and professional training courses required by the Minimum Continuing Legal Education of the State Bar.
e. If none of the alternatives to layoffs is implemented, the order of layoff shall be by reverse seniority, the least senior employees being laid off first. However, where strict adherence to reverse seniority would result in the remaining employees lacking, as a group, skills and experience requisite to meet current and foreseeable work demands, the Agency may deviate from reverse seniority only insofar as deviation is clearly necessary to accomplish the legal work of the Agency.
3. An employee shall receive sixty (60) calendar days' notice of the fact of her/his layoff and/or hour or pay reduction in lieu of layoff. The employee shall be paid accrued annual leave, accrued sick leave and accrued personal leave at the time of layoff pursuant to Sections 4.02, 4.03, and 4.04 of this MOU.
4. Prior to any layoff of any permanent employee within the classification of staff attorney, all temporary and as-needed staff attorneys must be terminated or laid off. Such termination shall be done in a manner so that the Agency is not prejudiced with respect to any ongoing litigation which the contractor has been assigned.
5. If layoffs or alternatives to layoffs are implemented for staff attorneys, hearing officers and senior administrative analysts because of lack of money and not lack of work, managers will consider in good faith reducing their pay and/or benefits to share the impact of the Agency's fiscal problems.
6. Work defined as the exclusive work of the Legal Department includes: drafting regulations; giving the Board and staff legal advice, both oral and written; preparing and writing staff reports on appeal of administrative and hearing examiner decisions; reviewing various documents with respect to legal issues, including, but not limited to, information statements about legislation, vacancy increase documents, and exemption staff reports; preparing and writing staff reports for removal permit applications and complex exemption requests; representing the Board in court; and overseeing the legal aspects of the Xxxxx Act as applied to properties in Santa Xxxxxx. SUE members and the Board recognize that work may occasionally be reassigned on a temporary basis, as it has been in the past, based on Agency workload. However, reassignment to other Departments will not occur for the purpose of laying off, or reducing hours, or continuing the reduction of hours and/or pay of SUE members.
7. Should members of SUE be laid off or suffer cuts in pay or reduction in hours in lieu of layoff, the number work of employees in the bargaining unit. No reduction unit shall not be contracted out without first offering to reinstate reduced hours or offering such work to members who were laid off or suffered reductions in the hours of work shall take place to prevent or reduce the impact lieu of layoff.
(b) A permanent layoff will be defined as 8. Should a layoff that will exceed thirteen (13) weeks due to staff attorney leave his/her job at a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms time when one of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject alternatives to layoff is qualified in effect as to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoffone or more staff attorney, the Nurse may have disqualified her/himself from Employment Insurance payments according Agency will offer to their rules.
(c) In restore the event reduced pay and/or reduced hours of a layoff within a specific geographic area, the affected Nurse(sremaining staff attorney(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled prior to remain on the basis of seniority are qualified hiring a replacement staff attorney to perform the work availableof the departed staff attorney.
9. Employees laid off in a specific geographic area shall have Subject to City personnel rules and City ordinances, employees who work for the right to exercise the rights outlined in 10.12 (b) Agency on a sitepart-wide basistime basis may engage in outside legal or other work during hours in which they do not work for the Agency. Such outside work shall not conflict with or give the appearance of conflicting with the employee's position as staff attorney.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 1 contract
Samples: Memorandum of Understanding
Layoff and Recall. (a) A layoff In all other cases of layoff, the Hospital shall be defined as a reduction of the number of employees give each employee in the bargaining unit. No reduction in unit who has acquired seniority one week's notice provided however, such notice shall not be required if the hours layoff occurs because of work shall take place to prevent emergencies (for example, fire, act of God, power failure or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESAequipment breakdown). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamationlayoff, the Employer will:
i) Provide Hospital shall lay off employees in the Union with no less than thirty (30) working days’ notice reverse order of such layoff or amalgamation.
ii) Meet with their seniority within their classification; providing that there remain on the Union to review job employees who then have the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified ability to perform the available work.
D) Displace a Nurse . An employee who is subject to layoff shall have the right to either: accept the layoff; or displace an employee who has lesser bargaining unit seniority and whose work who is the Nurse least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff is qualified to performcan perform the duties of the lower or identical classification without training other than orientation. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an Such employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area so displaced shall be laid off subject to his or her rights under this section. The decision of the employee to choose (a) or above shall be given in writing to the designated Hospital representative within five working days (excluding Saturday, Sunday and Holidays) following the notification of layoff. Employees failing to do do be deemed to have accepted the layoff. An employee shall have the opportunity to recall from a layoff to an available opening, in order of seniority, provided he has the ability to the work. before such is filled on a basis under a job posting procedure. The posting-procedure in the reverse order of seniority provided that Collective Agreement shall not apply until the Nurses recall process has been completed. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who are entitled has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. In determining the basis ability of seniority are qualified an employee to perform the work for the purposes of Paragraphs above, the shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position he held prior to the layoff should it become vacant within six months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Hospital of their intention to do so, in accordance with below, or have been found unable to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteen
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. A. When there is a decrease in the work force, the employer will provide the affected employee(s) and the Local with a thirty (a30) calendar day written notice. Thereafter, seniority employees affected must exercise their seniority according to the following order; provided, the employee meets the stated qualifications of the position and is able to perform the work. In the application of this process, a full time employee may not displace an employee in a part time position and vice versa. A full time employee and less than annual full time academic year employee are treated the same. Note: Police Dispatchers are exempt from being bumped or displaced by employees who do not hold Police Dispatcher positions. However, a bargaining unit employee who satisfactorily completed their police dispatcher probationary period may be considered for bumping into a vacant police dispatcher position.
1. First, within the same pay grade and classification title:
a. transfer to a vacant position, if any;
b. if there is no vacancy, replace a probationary employee;
c. if there is no probationary employee, replace the least senior employee.
2. Next, within the same pay grade and same classification series:
a. transfer to a vacant position, if any;
b. if there is no vacancy, replace a probationary employee;
c. if there is no probationary employee, the least senior employee.
3. Next, within the same pay grade in another classification series:
a. transfer to a vacant position, if any;
b. if there is no vacancy, replace a probationary employee;
c. if there is no probationary employee, replace the least senior employee.
4. Next, within successively lower pay grades:
a. transfer to a vacant position, if any;
b. if there is no vacancy, replace a probationary employee;
c. if there is no probationary employee, replace the least senior employee.
5. Be laid off.
6. Available temporary work assignments will be offered to seniority employees on layoff who can perform the work in accordance with Article XVI Section E. Vacancies Probationers Least Senior CLASSIFICATION TITLE Vacancies Probationers Least Senior CLASSIFICATION SERIES Vacancies Probationers Least Senior PAY GRADE Vacancies Probationers Least Senior LOWER PAY GRADE An employee who is displaced and disqualified from two job placements shall be placed on the recall list.
B. The steps in the layoff and recall procedure are to be applied specifically to the campus the employee is assigned to. Central campus positions are defined as a reduction of any positions within Washtenaw County. Satellite campus positions are defined as any positions located outside Washtenaw County, according to the number of employees in city the bargaining unit. No reduction in office resides.
C. In the hours of work shall take place to prevent or reduce the impact event of layoff.
(b) A permanent layoff , employees will be defined as a layoff that will exceed thirteen (13) weeks due have recall rights to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working noticepositions on their assigned campus. In the event of that a proposed layoff of permanent or long-term nature or an amalgamationposted vacancy occurs on a different campus, the Employer will:laid off employee may notify Human Resources of their desire to be recalled to that vacant position in lieu of layoff. This notice by the employee, once filed, is irrevocable. The employee will forfeit their recall rights to positions on their original campus upon notification of placement.
i) Provide D. Employees displaced or laid off shall be recalled to their regular pay grade or at the Union with no laid off employee’s election, to a lower pay grade, in the order of their seniority. Employees on recall from a full time position or less than thirty (30) working days’ notice annual full time academic year position will not be recalled to a part time position and vice versa. A full time position and less than annual full academic year position are treated the same. Employee’s electing to be recalled to a lower pay grade must file such election with the Employment Office within 30 days of such layoff. This notice, once filed, is irrevocable. In the event that a regular opening occurs in a classification which the Employer elects to fill and there are no employees on layoff or amalgamationdisplaced from such classification series who are eligible to return to the series, such openings shall be filled in accordance with the regular job vacancy provisions of this Agreement.
ii) Meet E. Notice of recall shall be sent to the employee at his/ her last known address by registered or certified mail.
F. Any employee transferred under the Layoff or Recall Procedures provided above must be qualified and able to perform the work with minimal training, of the employee he or she is displacing or the work of the vacant position. An employee may be disqualified from performing such work if such employee’s employment record with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service University indicates that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided there is no reasonable expectancy that she/he or he is she would be qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff job, or if it is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, Employer during the Break-in Period provided in Article XIII.A. that such employee does not have the ability to perform the job. Any employee disqualified from a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he job as provided herein shall be entitled to receive severance pay transferred, or laid off, in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoffprovisions of Article XIII, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will be required to return to work within seven (7) days of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenBREAK-
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 13.01 The layoff of regular full-time and regular part-time nurses shall remain separate. The Employer reserves the right to layoff either regular full-time or regular part- time in accordance with the provisions of this Article. This Article shall not apply to casual or temporary nurses except where herein specifically stated.
(a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer willshall:
i) Provide provide the Union with no less than thirty forty five (3045) working calendar days’ notice of such action for an indefinite layoff and sixty (60) calendar days of notice for a permanent layoff. Layoff notice may be given to a nurse at any time during or amalgamationfollowing the above noted notice periods, providing such notice is in compliance with Employment Standards.
ii) Meet meet with the Union to review the following:
A) The 1. the reasons causing the layoff or amalgamation.layoff,
B) The 2. the service that which the Employer Centre will undertake after the layoff.,
C) Method 3. the method of implementation implementation, including the areas of cutback cutbacks, and the Nurses to be laid offnurses affected by such actions.
D(b) Any other alternativesConcurrent with issuing notices of long-term layoff pursuant to Article 13.02, and following notice pursuant to Article 13.02, the Employer will make offers of early retirement allowance in accordance with the following conditions:
i) The Employer will first make offers in order of seniority in the department(s) where layoffs would otherwise occur. Further, these offers will be made to nurses in same classification and status as those who would otherwise be given notice of layoff.
ii) The Employer will make offers to nurses eligible for early retirement under the Employer pension plan (including regular part-time, if applicable, whether or not they participate in the Employer pension plan).
iii) The number of early retirements the Employer approves will not exceed the number of nurses who would otherwise be laid off. A Nurse nurse who has been notified elects an early retirement option shall receive, following completion of the last day of work, a permanent layoff may:
Aretirement allowance of two (2) Accept the layoffweeks’ salary for each year of service, to a maximum ceiling of fifty-two (52) weeks’ salary.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(ci) In the event of a layoff within a specific geographic arealayoff, the affected Nurse(s) in that area nurses shall be laid off in the reverse order of seniority at their home location, provided that the Nurses nurses who remain are entitled to remain on the basis of seniority are willing and qualified to perform the work available. Employees remaining available work.
ii) Casual nurses shall not be normally utilized if a laid off in nurse is willing and qualified to perform the available work.
iii) A nurse who is laid off may opt to accept the layoff, retire (if eligible under the rules of the Canadian Blood Services Pension Plan), displace another regular full-time or regular part-time nurse who has less seniority, at any location, and whose work the nurse is qualified to perform. Such nurse shall be credited with seniority subject to Article 10.03.
iv) A nurse who is permanently laid off shall be entitled to a specific geographic area shall have the right severance allowance of two (2) weeks’ salary for each year of service, to exercise the rights outlined in 10.12 a maximum of fifty-two (b52) on a site-wide basisweeks’ salary.
(d) Temporary nurses shall be terminated before regular full-time or regular part-time nurses are laid off subject to such nurse being willing and qualified to perform the work.
(e) Nurses shall be recalled in the order of seniority, unless otherwise agreed between the Employer and the Union, their seniority provided that senior Nurse is qualified they are willing and able to perform the available work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer amount of time as provided by the Employment Standards Actwork.
(f) Nurses who have been laid off No new nurses will be required hired when there is a nurse(s), either regular full-time or regular part-time, on layoff who is qualified, willing and able to return to work within seven (7) days of receiving perform the available work.
13.03 Where a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenregular part-time nurse’s shift is cancelled with more than twenty-four
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. Whenever a layoff is planned the Employer will provide a combined (FT/PT) seniority list. Layoffs will be done according to this list.
(a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No It is understood that temporary reductions in normal hours of work due to fluctuations in business volumes shall not be considered to be a layoff. A permanent reduction in the hours of work scheduled shifts for a part-time nurse shall take place be deemed to prevent or reduce the impact of be a layoff.
(b) A permanent layoff will be defined as a layoff In the event that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamationnursing force is required, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service agrees that the Employer most junior nurse in the bargaining unit will undertake be laid off first provided that nurses who remain are qualified to do the work available. When recalling nurses after the layoff.
C) Method of implementation including the areas of cutback and the Nurses , those last to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt off will be first to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position be recalled provided that she/he or he in each case the nurse is qualified to perform do the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to performavailable. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic areaarea or team, the affected Nurse(snurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off The affected nurse may accept the layoff, or accept another assignment (if available), or displace the least senior nurse in the area of the nurse’s choosing, whose work she is qualified to perform, provided that the remaining nurses in that area are qualified to perform the work available. Nurses utilizing the bumping process shall be entitled to displace a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on junior nurse. Part-time nurses may only displace another part-time nurse but a sitefull- time nurse may displace another full-wide basistime nurse or a part-time nurse.
(dc) The Employer will not hire any new employee to fill a vacancy where there is an employee on layoff who is willing and qualified to fulfil the normal requirements of the job. This will apply regardless of whether the employee was full-time or part-time at the time of layoff. Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, seniority provided that the senior Nurse employee is qualified to perform the available work on work. Laid off nurses shall be given five (5) calendar days notice of recall. Recall shall be sent by registered mail to the basis last address filed with the Employer.
(d) In the event of her/his skilla proposed layoff at the Employer of a permanent or long- term nature, ability, experience, qualification, training and educationthe Employer will meet with the local Association to review the reasons causing the layoff.
(e) Employees subject No reduction or alteration in the normal hours of work shall take place to prevent or reduce the impact of a layoff on individuals without the consent of the Association.
(f) When a nurse accepts long-term layoff, in accordance with the provisions and terms of the Employment Standards Act, the nurse shall be provided entitled to receive severance pay in accordance with the provisions of the ESA.
(g) When the RFP process gets triggered by the CCAC, the Employer will inform the Union of the timelines and the areas affected. The Employer will keep the Union informed of the progression of the RFP process. The Employer will inform the Union of the outcomes of the RFP process as soon as they are known.
(h) A long-term or permanent layoff is defined as a minimum layoff that is anticipated to exceed thirteen (13) weeks. In the event of a proposed layoff of a permanent or long-term nature or the elimination of a position within the bargaining unit, the Employer shall:
(i) provide the Union with no less than four (4) weeks’ written notice of the proposed layoff or such longer amount elimination of time as provided by the Employment Standards Act.position; and
(fii) Nurses who have been laid off will be required provide to return to work within seven the affected employee(s), if any, no less than four (74) days of receiving a weeks’ written notice of recall. Notice of recall will be by Registered Maillayoff, or pay in lieu thereof. The seven (7) days period may be extended Employer shall meet with the local union to fourteenreview the following:
Appears in 1 contract
Samples: Collective Agreement
