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 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. (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. 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 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 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. (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. 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. 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) 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. 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) 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. 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 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. (a) A layoff shall be defined In-Training Employment The Employer may designate specific positions, groups of positions, or all positions in a job classification or series as in-training. The Employer will document the training program, including a reduction description and length 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)program. The first eight weeks shall Employer will discuss any proposed in-training series at a Union-Management Communication Committee meeting prior to implementation. A candidate who is initially hired into an in-training position must successfully complete the job requirements of the appointment. The Employer may separate from classified service any employee who has completed the probationary period for an in-training appointment but does not successfully complete the subsequent trial service periods required by the in-training program. Employees who are not successful may 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 separated at any time with no less than thirty three (303) working days’ notice from the Employer. If the Employer fails to provide three (3) working days’ notice, the separation will stand and the employee will be entitled to payment of such layoff salary for up to three (3) working days, which the employee would have worked had notice been given. Under no circumstances will notice deficiencies result in an employee gaining status in the in-training position. The separation of an employee will not be subject to the grievance procedure in Article 28. An employee with permanent status who accepts an in-training appointment will serve a trial service period or amalgamation.
iiperiods, depending on the requirements of the in-training program. The Employer may revert an employee who does not successfully complete the trial service period or periods at any time with three (3) Meet with working days’ notice. If the Union Employer fails to review provide three (3) working days’ notice, the following:
Areversion will stand and the employee will be entitled to payment of the difference in salary for up to three (3) working days, which the employee would have worked at the higher level if notice had been given. Under no circumstances will notice deficiencies result in an employee gaining permanent status in the in-training position. The reasons causing employee’s reversion right will be to the layoff or amalgamation.
B) The service job classification that the Employer will undertake after the layoff.
C) Method employee held permanent status in prior to their in- training appointment, in accordance with Subsections 4.5 B.3 and 4.5 B.4 of implementation including the areas of cutback and the Nurses to this Article. A trial service period may 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 required for each level of the pension plan.
C) Elect to transfer to a vacant position provided that she/he in-training appointment, or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work entire in-training appointment may be designated as the Nurse subject to layoff is qualified to performtrial service period. The Employer will provide a familiarization determine the length of the trial service period of up or periods to thirty-seven point five (37.5) hours, as determined be served 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 in an in-training appointment. If a longtrial service period is required for each level of the in-term layofftraining appointment, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) employee will attain permanent status upon successful completion of the training program at each level. If the Nurse has entire in-training program—meaning all levels within the seniority to bump someone and chooses instead to take the layoffin-training appointment—is designated as a trial service period, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rulesemployee will attain permanent status upon successful completion of the training requirements for the entire in-training program.
(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 2 contracts
Samples: Collective Bargaining Agreement, 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 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 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. 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. 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. (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. (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.
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. (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. (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 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 “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. 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 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. (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. 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 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.
X. 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 1 contract
Samples: Master 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 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 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 sheTransportation Employees 1 Transportation Leader/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.Coordinator 2 Transportation Leader 3 Bus Drivers
(c) In the event of a layoff within a specific geographic area, 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 Nurse(s) in that area shall classifications will be laid off first. Any layoffs made in the reverse order classifications will be accomplished by the lowest seniority. The employee with the least amount of seniority provided that within the Nurses who 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 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 any wages or such longer amount of time fringe benefits except 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 fourteenfor in ARTICLE VII, Section
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. (a) A layoff shall be defined as
8.01 Layoff means a reduction of the number of employees in the bargaining unit. No reduction in the hours working force due to a decrease of work shall take place to prevent or reduce limitation or reduction in operating funds and/or any other conditions beyond the impact control of layoffthe Board. Any position or member whose position has been affected will be considered displaced until the effective date as stated in the layoff notice.
(b) A permanent layoff A. If it becomes necessary for a layoff, the probationary members within the affected classification will be defined as laid off first. Seniority members will be laid off within the affected classification according to seniority. In no case will a layoff that less senior member be employed while there are laid off members who are qualified for a vacant or newly created position. If the member is not qualified for a position under this provision, they will exceed thirteen (13) weeks be laid off.
B. Members whose positions have been eliminated due to a reduction in workforce or who have been affected by a layoff will have the workloadright to assume a position for which they are qualified, and have successfully passed the designated tests for the position, which is held by the least senior member holding such a position. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In If the event of member is not qualified for a proposed layoff of permanent or long-term nature or an amalgamationposition under this provision, 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 they will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternativesC. The Board will endeavor to retain affected members in their present pay grade if feasible.
iii) D. A Nurse placement meeting will be coordinated by the Assistant Superintendent of Human Resource or designee and the RSPA union president.
E. Displaced members who has been notified are benefit-eligible will make their selection of a permanent position created from layoff may:
A) Accept the layoff.
B) Opt to retire if in order of seniority. A member who is benefit-eligible under the terms of the pension plan.
C) Elect to transfer to may select a vacant position provided that she/he or he which 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 performnot benefit-eligible. The Employer process will provide be repeated by non-benefited members. Non-benefit eligible members may select a familiarization period of up non-benefit eligible position. Members will have the right to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a select an open position for which the posting process has been completed and no successful applicant has been appointedthey are qualified regardless of total annual hours.
vF. After completing the above process, all remaining open position(s) When an employee accepts a long-term layoff, she/he shall will be entitled to receive severance pay in accordance with the Employment Standards Actposted per Article 5.
vi) If G. Members on layoff will be recalled to a vacancy for which they are qualified and only after all other more senior members have had the Nurse has opportunity to apply for a position and 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) vacancy still exists. Recall will be in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled layoff. The most senior member will be recalled first. Should a member be offered a position at a lower classification than held prior to layoff and refuse said position, they will not lose their right to remain on the basis of seniority are qualified recall list.
8.03 Any member who assumes a new job assignment due to perform the work available. Employees layoff procedure will also assume the salary rate for that position.
8.04 Members to be laid off will have at least fourteen (14) calendar days’ notice of their intended layoff. The Association president will receive a list of members being laid off prior to members receiving written notification of layoff.
8.05 Members laid off through the procedure as stated in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) this Article will be maintained on a site-wide basis.
recall list for a period of three (d3) Nurses shall years, or length of service in the district, whichever is shorter, and will be recalled in reverse order of seniority, unless otherwise agreed between their layoff.
8.06 The Board may transfer within the Employer and the Union, provided that senior Nurse departmental classifications on a District-wide basis where operating staff in one or more buildings is qualified reduced due to perform the available work layoff.
8.07 Any seniority member on layoff will be offered placement on the basis of her/his skill, ability, experience, qualification, training and educationregular substitute list.
(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. 8.08 Notice of recall will be sent to the member at their last known address by Registered Mailregistered or certified mail, and the Association president at the Association office by regular public mail. If a member fails to report for work within ten (10) working days from the date of delivery of the recall notice to the member's last known address, unless other arrangements are made, said member will be considered as having quit.
8.09 Each member is responsible for keeping the Board advised of any change of address and will not be excused for failure to report for work on recall if the member fails to receive recall notice because of their own failure to advise the Board in writing of their change of address.
8.10 The seven (7) days period Board will have no obligation to recall probationary members who may be extended laid off.
8.11 Any member laid off will automatically terminate and suspend the Board's obligation to fourteensalary under this Agreement or any other agreement except for any salary, vacation, or longevity, or benefits earned by the date of layoff.
8.12 Should a member be offered a comparable position and refuse such an appointment, they will lose the right to remain on the seniority recall list and will be considered as having resigned.
Appears in 1 contract
Samples: Master 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. 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 In case it becomes necessary to reduce the working force, the Employer will notify Employees who are to be laid off fourteen (14) calendar days prior to the layoff, and shall be defined as forward to the Union a reduction copy of the number notice of employees in layoff forthwith, except that the bargaining unit. No reduction in fourteen (14) calendar days’ notice shall not apply where the hours layoff results from an Act of God, fire, flood, or a work shall take place to prevent or reduce the impact of layoffstoppage by Employees not covered by this Collective Agreement.
(b) A permanent Where the layoff will be defined as a layoff that will exceed thirteen results from an Act of God, fire, flood; fourteen (1314) weeks due days’ notice is not required but up to a reduction two (2) weeks’ pay in the workload. Notice provided lieu thereof shall be per Employment Standards Act paid to affected Employees.
(ESAa) Subject to the provisions of Article 12.02(b). The first eight weeks , layoff shall be considered working notice. In occur in reverse order of seniority.
(b) Notwithstanding the event provisions of a proposed layoff of permanent or long-term nature or an amalgamationArticle 12.02(a), 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 retain Employees who would otherwise be laid off when layoff in accordance with Article 12.02
(a) would result in retaining Employees who do not have the ability to perform the work.
(a) An Employee whose position is eliminated by the Employer, and such Employee is not the least senior Employee in accordance with the seniority list, shall have the right to displace a less senior Employee, or at her or his option, take a position which is vacant. An Employee displaced by this provision shall have the same rights outlined in 10.12 as an Employee whose position is eliminated There shall be no bumping other than within the facility Employee group covered by certificate No. 20-98.
(b) on Where an Employee exercising her or his rights in 12.03
(a) is reassigned to a site-wide basislower classification, such Employees’ rate of pay shall not be reduced until such time as the rate of the classification in which she or he is employed exceeds that of the Employee.
(da) Nurses When increasing the workforce, recalls shall be recalled carried out in order of seniority, unless otherwise agreed between seniority provided the Employer and the Union, provided that senior Nurse is qualified to Employee can perform the available required work on the basis of her/his skill, ability, experience, qualification, training and education.
(e) Employees subject to layoff satisfactorily. Such recall 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 apply only to work within seven (7) days periods 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 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. 29.01 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, 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 because 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 any FTE, which is vacant first, then by selecting to displace the Employee with the least seniority in the same classification and any FTE. 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 29.03 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 they will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any 29.04 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 29.05 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 twenty-four (24) months from the date of layoff, whichever first occurs.
29.06 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 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. 33.01 Prior to the implementation of the provisions of this Article, the Employer will meet with the Union to inform the Union of the Employer’s intentions and provide the Union with current seniority lists.
33.02 In case it becomes necessary to reduce the workforce, the Employer will notify an Employee who is to be removed from her position at least thirty (a30) A layoff calendar days prior to the position removal, except that the thirty (30) calendar days notice shall not apply where the position removal results from an Act of God, fire, flood, or work stoppage by Employees not covered by this Collective Agreement. If the Employee being removed from her position is not provided with an opportunity to work her scheduled hours during thirty (30) calendar days after notice of position removal, the Employee shall be defined as paid in lieu of such work for that portion of the thirty (30) calendar days during which work was not made available. In any event, the Employee will be paid no less than that which is provided for in the Employment Standards Code. Where there is a reduction in the number of Regular Employee(s) or a reduction of the number FTE of employees in Regular Employee(s), the bargaining unit. No reduction in Regular Employee(s) with the hours of work shall take place to prevent least seniority, within the same classification, department, 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 program, shall be per Employment Standards Act the first (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:
i1st) Provide the Union with no less than thirty (30Employee(s) 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 33.03 At the time of providing written notice of an Employee’s removal from her position, 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 consultation meeting will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined be arranged by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which between the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoffEmployee, 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, at which time the Employer shall advise the Employee of her retention options according to Articles 33.04 and 33.05, provided that senior Nurse is qualified the Employee has the requisite job-related skills, training, knowledge and ability to perform the available work on required in the basis of her/his skillretention options.
33.04 The Employee shall be presented with the following vacancy options:
(a) vacant position(s) within the bargaining unit. Such vacant position(s) shall be within her same occupational group and comprised of:
(i) the same, abilityhigher, experienceor lower FTE and same pay grade; and
(ii) the same, qualificationhigher, training or lower FTE and educationlower pay grade.
(eb) Employees subject An Employee who declines a vacant position within the same FTE and same pay grid shall not be eligible for another vacant position, or to layoff displace into an occupied position within the bargaining unit pursuant to Article 33.05, and shall be provided laid off and forfeit her recall rights.
33.05 Subject to Article 33.04(b), an Employee who is not placed in a vacant position pursuant to Article 33.04 shall be presented with the following displacement options:
(a) an occupied position within the bargaining unit. Such displacement shall affect the least senior Employee within her same occupational group in a minimum of four position comprised of:
(4i) weeks’ notice of layoff or the same FTE and pay grade; if the least senior Employee in this category is not less senior than the Employee exercising displacement rights, then such longer amount of time as provided by the Employment Standards ActEmployee shall exercise displacement options under 33.05(a)(ii).
(fii) Nurses who have been the same FTE and lower pay grade; if the least senior Employee in this category is not less senior than the Employee exercising displacement rights, then such Employee shall exercise displacement options under 33.05(a)(iii).
(iii) a lower FTE and same or lower pay grade; if the least senior Employee in this category is not less senior than the Employee exercising displacement rights, then such Employee shall be laid off will with recall rights.
(b) The Employer and the Union shall discuss the order in which displacement options should be required exercised to return ensure minimal impact to work within seven more senior Employees.
33.06 The Employee shall have seventy-two (772) days hours from the date of receiving the consultation meeting in Article 33.03 to advise the Employer of her decision under Articles 33.04 and 33.05.
33.07 An Employee who elects to not exercise her rights under Article 33.05 shall be laid off with recall rights.
33.08 An Employee who is displaced as a notice result of recall. Notice of recall will another Employee exercising her rights under Article 33 shall be by Registered Mail. The seven (7) days period may be extended entitled to fourteenexercise her rights in accordance with Articles 33.03 to 33.07.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff Whenever the work force within departments of the Employer having employees covered by this collective agreement is to be reduced, probationary employees shall be defined as laid off first and if more layoffs are implemented, the following procedure shall apply:
(i) One seniority list per department shall be prepared and maintained which will show each employee's last date of hire and also the employee's accumulated seniority. The accumulated seniority on such list shall determine the order of layoff, the employee with the least accumulated seniority being the first to be laid off.
(ii) If there is to be a reduction of work force in a sub unit, the number of employees employee with the least accumulated seniority in that sub unit shall be the first to be laid off. Provided, however, that the employee with the least seniority in the bargaining unitsub unit affected may displace an employee in another sub unit who has less seniority if the more senior employee is qualified, able and willing to perform the work performed by the more junior employee. No reduction in It is understood that if the hours of work shall take place more senior employee is qualified to prevent perform the work, he or reduce the impact of layoff.
(b) A permanent layoff she will be defined as allowed a layoff that will exceed thirteen (13) weeks due reasonable period of orientation to a reduction in acquire the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working noticenecessary ability and efficiency. In the event of a proposed layoff of permanent or long-term nature or an amalgamationa Registered Technologist in Diagnostic Imaging, the Employer will:least senior Registered Technologist will be subject to layoff regardless of whether or not such employee is assigned to C.T.
i(iii) Provide In each of the Union with no less than thirty (30) working days’ notice E.E.G. and E.K.G. departments, the employee's accumulated seniority shall determine the order of such layoff or amalgamation.
ii) Meet layoff. The employee with the Union to review least accumulated seniority will be 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 first to be laid off.
D(iv) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept No full-time employee within 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 by reason of his/her full-time duties being assigned to one (1) or more part-time employees.
(v) In all cases with respect to the reverse order of seniority provided that the Nurses who are layoff procedure contained herein, a part-time employee will not be entitled to remain on displace a full-time employee.
(b) In returning to work, the basis of seniority are qualified last employee laid off within the department (or sub unit) shall be the first employee to be recalled providing they have the qualifications and abilities required 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 basisjob.
(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. 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 their acceptance of an offer of early retirement once they are 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 1 contract
Samples: Collective Agreement
Layoff and Recall. (ai) A long term layoff shall be defined as a reduction of the number of employees in the bargaining unit. 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.
(ii) In the event of a layoff, the Employer shall lay off nurses in reverse order of seniority within the affected geographic area or team and then in reverse order of the bargaining unit provided the nurses remaining are qualified to perform the available work. Probationary nurses shall be first laid off, followed by casual nurses.
(iii) An employee who has been notified of a layoff may:
A) Accept the layoff and be placed on the recall list; or
B) Elect to transfer to an available vacant position of the same status with their classification or to casual status, provided she is qualified and able to perform the available work;
C) Displace an employee who has lesser bargaining unit seniority, provided she is qualified and able to perform the duties of the employee she displaces. Part-time employees may only displace part-time or casual employees but a full-time employee may displace another full-time or a part-time or casual employee;
D) An employee shall indicate her decision as to which she is selecting within five (5) days of notification.
(b) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the 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 given job opportunities (vacancies) before any new nurses are hired into that category.
(e) No new nurse will be hired when there is a nurse(s) on layoff.
(f) A reduction of the part-time staffing complement is considered a layoff.
(g) Temporary layoff will be defined as a layoff of six weeks and not more than thirteen weeks which is required due to a reduction of the workload. When such layoff is required, the staff affected will be given thirty (30) calendar days advance notice. When such layoff is required the Association will be notified and a meeting will be held between the parties to discuss the reasons for the layoff.
(h) Permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall Any nurse affected by such a layoff will be per Employment Standards Act given sixty (ESA). The first eight weeks shall be considered working 60) calendar days 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 comply with the Employment Standards Actprovisions as outlined below in permanent and long term actual numbers.
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 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 1 Facilities Coordinator 6 Warehouseman/Mailman 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 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 sheTransportation Employees 1 Transportation Leader/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.Coordinator 2 Transportation Leader 3 Bus Drivers
(c) In the event of a layoff within a specific geographic area, Food Service Employees 1 Xxxx Leader 4 Assistant Xxxx/Xxxxx 2 Xxxx/Assistant Leader 5 Kitchen Helper/Driver 3 Cooks 6 Kitchen Helper
(3) Probationary employees in the affected Nurse(s) in that area shall classifications will be laid off first. Any layoffs made in the reverse order classifications will be accomplished by the lowest seniority. The employee with the least amount of seniority provided that within the Nurses who 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 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 any wages or such longer amount of time fringe benefits except 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 fourteenfor in ARTICLE VII, Section
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. (a) A layoff shall 13.01 The parties are committed to the principle of avoiding layoffs where at all possible. Should the funding body take action that may result in fiscal deficit, which could give rise to layoffs, the parties will meet as soon as the Employer is aware to have meaningful and thorough discussion regarding possible solutions to avoid layoffs. Layoffs will be defined used only 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 noticelast resort. In the event of a proposed layoff of permanent or long-term nature or an amalgamationthis regard, the Employer will:
i) Provide will disclose to the Union with the financial situation, including budgetary and operational plans pertinent to the area(s) affected.
13.02 Should it become necessary for the Employer to reduce staff, the Employer will first solicit voluntary layoffs from among the classifications affected. Should there be no less than thirty (30) working days’ voluntary layoffs, notice of such layoff or amalgamationlayoffs shall be given in reverse order of seniority within the classification affected.
ii13.03 Such notice shall be given to the Union and the employee two (2) Meet months prior to any layoff. The Employer shall meet with the Union to review fifteen (15) working days of the following:
A) The reasons causing the layoff or amalgamation.
B) The service that notice at which time the Employer will undertake after shall advise the layoff.
C) Method Union 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 performits plans. The Employer and the Union will provide a familiarization continue to meet on an ongoing basis to minimize impact on service. Where notice required by this Article is not given, the Employees shall receive their regular weekly wage for the required number of weeks in lieu of notice. If the employee laid off has not had the opportunity to work through the notice 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 rulesemployee shall be paid in lieu of work for that part of the two (2) months during which work was not made available.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area 13.04 An Employee who has been given notice under 13.03 shall be laid off in the reverse order given a list of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work availableany/all current or upcoming vacancies. Employees laid off in a specific geographic area The employee shall have the right to exercise select and to be placed in the rights outlined chosen vacancy providing the employee has the entry level skill, ability and qualifications and to satisfactorily perform the duties of the position. Where there is more than 1 vacancy, employees shall make their selection by seniority, highest to lowest. The Employee shall be entitled to up to three (3) months of reorientation in 10.12 (b) on a site-wide basisorder to meet the performance requirements of the vacant position.
(d13.05 a) 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’ Where an Employee who has received 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 fourteenunder Article
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of When it is necessary to lay off employees, or to recall 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 amalgamationwho have been off, 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 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 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 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 recalled 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 selected on the basis of seniority providing the senior employee has previously qualified on the job in the plant or can perform the work available satisfactorily without training. In the event that all jobs that require no training are qualified filled by senior employees and further layoffs are required which involve skilled jobs, a senior employee may have only one opportunity to supplant any employee, providing such employee i s able to attain the required skills of that job within a ten (10) day training period. As between two employees who are fully competent to perform the work available. Employees laid off in a specific geographic area available seniority shall have govern the The rate paid for the job chosen by the employee exercising this right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses supplant shall be recalled the rate of the job, as listed in order of senioritySchedule A, 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 the provisions of four (4) weeks’ notice Notice of layoff or such longer amount of time as provided by the Employment Standards Act.
(f) Nurses who have been laid off will compensation in lieu thereof shall be required to return to work within seven (7) days of receiving a notice of recallin compliance with Government Legislation. Notice of recall will sent to the employee’s recorded address and such employee shall have a maximum of five (5) working days in which to report for work. Seniority shall accrue during layoff. Each member of the Bargaining and Grievance Committee and Stewards, be retained in employment without regard to seniority so long as there is work available that they are competent and willing to perform. Such work shall not be higher rated than their regular work except by Registered Mailmutual agreement of the parties hereto. Should an employee cease to be a member of the Bargaining and Grievance Committee or a Xxxxxxx while a layoff is in effect, such employee shall be dealt with under the normal layoff and recall procedures when the next layoff occurs. During periods of plant shutdown, when there is a staggered phase-down and phase-up of work, rights as described in clauses (a) and above w i l l not apply to supplant employees who are working on their regular assignments during these phase-down and phase-up periods. The seven schedule and duration of a plant shutdown w i l l be posted by the Company, after discussion with the Union. (7By way of example: the first department out is the first department back and so on, in sequence.) The Union Chairperson or designate shall be present when an employee i s advised of lay- off pursuant to Article If the advice of lay- off i s provided in writing by mail, the Chairperson shall receive a copy of the advice on the day it is mailed. The Company shall provide the Union office with a list of the names of employees laid off within fifteen (15) working days period may be extended to fourteenof the date of lay- off.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff shall A. When layoffs are necessary due to economic necessity or other condition, as defined by the Board in its discretion, layoffs will be defined as made on a reduction of the number of department basis. Probationary employees in the bargaining unit. No department in which the reduction in the hours of work staff occurs shall take place to prevent or reduce the impact of layoffbe laid off first.
(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. B. In the event additional personnel must be laid off, layoffs within a department shall be based on seniority of employees within the department. Furthermore, a proposed layoff more senior employee may be laid off while a less senior employee is retained if the more senior employee is not qualified to perform the duties of permanent or long-term nature or the position(s) held by the less senior employee. The Superintendent & the employee’s Supervisor shall determine “Qualified”.
1. Qualification will be based partly on qualifications in the job descriptions and other factors (ex. may include but are not limited to; Effectiveness based on evaluations, discipline, attendance) the Superintendent deems important.
2. Effectiveness will be based on the merits of their performance.
3. A minimum of 2 years of evaluations will be reviewed to establish effectiveness.
4. An ineffective employee will be given an amalgamation, opportunity to improve in areas of ineffectiveness through an Individualized Development Plan.
C. An employee who is laid off from a classification may claim the Employer will:job of an employee in another department provided the employee previously held a position in that classification and has the ability to perform the job. A laid off employee shall not be entitled to exercise such “bumping” rights unless he/she is currently qualified for the position.
i) Provide the Union with no less than D. An employee who is to be laid off shall be notified at least thirty (30) working days’ notice of such calendar days in advance except in cases where the need to layoff was unanticipated or amalgamationunforeseen.
ii) Meet with E. When the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake work force is increased after the a layoff.
C) Method of implementation including the areas of cutback and the Nurses , an employee shall be entitled to be recalled on the basis of seniority to the department in which the employee was employed at the time of layoff. The employee shall be entitled to fill a vacancy in another department in which the employee was previously employed within the last three (3) years, provided the laid off.
D) Any other alternatives.
iii) A Nurse who off employee 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 qualifications to perform the available work.
D) Displace F. Notice of recall shall be sent to the employee at his/her last known address by certified mail, return receipt requested. It shall be the responsibility of a Nurse who has lesser bargaining unit seniority and whose work laid off employee to keep the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period school informed of up to thirty-seven point five (37.5) hours, as determined by the Employerhis/her current address.
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 G. If an employee accepts a long-term layoff, shefails to notify the Superintendent’s office of his/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 her intent to return to work within seven ten (710) calendar days after a certified, return receipt requested, recall notice is received, it will conclusively constitute the employee’s resignation. If the recall notice is not received because the employee has failed to provide the Superintendent’s office with his/her current address, the aforementioned ten (10) calendar day time limit shall begin from the time the recall notice is mailed, rather than the date the recall notice is received.
H. If an employee notifies the Superintendent’s office of receiving a notice his/her intent to accept recall and then fails to report to work, except in cases of recallillness or emergency, on the first day for that position, that also shall be conclusively construed as the employee’s resignation. Notice of recall will be by Registered Mail. The seven If an employee receives unemployment compensation during scheduled school breaks (7Christmas, summer, etc.) days period may be extended to fourteenand returns for his/ her regular work year, the employee shall repay the unemployment compensation.
Appears in 1 contract
Samples: Master 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 the Employer and the Association.
11.12 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 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 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 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, (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 1 contract
Samples: Collective 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 layoffterminated.
(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 ruleseducation.
(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 basisrequired 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 educationposition.
(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 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 1 contract
Samples: Collective Agreement
Layoff and Recall. 17.01 It is the exclusive right of the Employer to:
(a) A establish and vary from time to time, the job classifications and the number of Employees, if any, to be employed in any classification, or in any site; 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 shall be defined as a process occurring. The purpose of this meeting is to discuss the process of how layoffs will take place, review the current seniority list and discuss other relevant factors the parties agree upon.
(b) When, in the opinion of the Employer, it becomes necessary to displace an Employee, due to reduction of the number of employees in the bargaining unit. No work force, or reduction in the 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 fourteen (14) calendar days prior to the date of layoff.
(c) 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.
(d) A consultation meeting will be arranged by the Employer between the Employee, the Employer representative(s) and the Union representative(s). The Employee, through consultation with the Union and the Employer, shall take indicate a preference of positions for which the Employee has the requisite skill, training and knowledge to perform the work by selecting a position in the same classification and status which are vacant or, by selecting to displace an Employee with less seniority in the same classification, regardless of status or FTE. Following consultation with the Employee, the Employer shall place the Employee in a position.
(e) Where there are no positions of any status in the same classification as the Employee's current position, the Employer may indicate a preference for an alternative position which is vacant or occupied by a less senior Employee in a classification in the same or a lower pay grid.
17.03 Employees who either:
(a) refuse an offer by the Employer of alternate work; or
(b) lack the required competency and seniority to prevent or reduce displace another incumbent within their particular classification shall be provided with not less than fourteen (14) calendar days notice specifying the impact of date on which the Employee will be laid off.
(a) All Regular and Temporary vacancies shall be posted. Casual Employees and external applicants are not eligible for hire while Regular Employees remain on layoff.
(b) A permanent layoff No new Regular or Temporary Employees will be defined as a layoff hired in classifications where there are other Employees in that will exceed thirteen (13) weeks due to a reduction in classification who possess the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In requisite skills, training, knowledge and ability for the event of a proposed layoff of permanent or long-term nature or an amalgamationavailable job, 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 who are on 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 17.05 Employment shall be entitled deemed terminated when an Employee does not return from layoff when notified to receive severance pay do so, or in accordance with the Employment Standards Act.
viexpiry of twelve (12) If the Nurse has the seniority to bump someone and chooses instead to take months from date of the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their ruleswhichever comes first.
(c) In 17.06 When increasing the event of a layoff within a specific geographic areaworkforce, 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 their seniority, unless otherwise agreed between provided they possess the Employer requisite skills, training, knowledge and the Union, provided that senior Nurse is qualified ability to perform the available work.
17.07 An Employee who is laid off shall make prior arrangements to pay the full premium of prepaid health benefits to assure continuation if such protection is so desired. Such arrangements shall continue so long as the Employee has rights to recall.
17.08 The operation of this Article, including revision of shift schedules caused by layoffs or displacement, shall not constitute a violation of the terms of this Collective Agreement.
17.09 Employees who have had their regular hours of work reduced 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) Employees subject availability up to layoff the Employee's previous regular hours. This offer of casual shifts 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 fourteenexpire twelve
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. 12.01 In case it becomes necessary to reduce the working force, the Employer will notify Employees who are to be laid off twenty-eight (a28) A calendar days prior to the layoff, except no notice will be required nor will apply where the layoff results from emergency conditions or circumstances. In the case of a probationary Employee, no notice of 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 required.
12.02 In case it becomes necessary to prevent or reduce the impact of layoff.
(b) A permanent layoff working force, Employees 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 remaining Employees have the skills, knowledge and training to satisfactorily perform the available work.
12.03 No new Employees will be hired while there are entitled to remain other Employees on layoffs as long as laid off Employees have the basis of seniority are qualified skills, knowledge and training to perform the work availablerequired and are available to do so. Employees If a new Employee is hired in circumstances where laid off Employees are not available, such new Employees shall be hired only for such time as the laid off Employee is not available.
12.04 Employees affected by layoff should make prior arrangements for payment of the full premium of any applicable benefit plan such as Alberta Health Care Insurance, etc.
12.05 Other than the continuance of certain benefits as may be arranged under Article 12.04 and the retention of seniority under Article 11 an Employee’s right while on layoff shall be limited to the right to recall only as specified in Articles 12.07 and 12.
12.06 Employees on layoff are responsible for informing the Employer of any change in address or telephone number which may be used to contact them for recall.
12.07 When increasing the work force, recalls shall be carried out in order of seniority provided the Employee being recalled has the skills, training and knowledge to perform the required work satisfactorily.
12.08 The Employer shall offer relief work to laid off Employees first, up to their pre layoff FTE status in order of their seniority, providing the Employee can perform the required work satisfactory before offering the work to a specific geographic area Casual Employee. An Employee on layoff shall have the right to exercise the rights outlined in 10.12 refuse an offer of a work period of fourteen (b14) on a site-wide basiscalendar days or less without adversely affecting their recall status.
(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 shall be defined as a reduction of Where the number of employees in Employees making such requests exceeds the bargaining unit. No reduction in number of requests that may be granted, 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 requests 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 granted in order of seniority. However, no Employee shall have an approved request rescinded as a result of another Employee exercising her seniority. If the Employee’s request cannot be granted, the Employer shall indicate to that Employee whether an alternate choice of hours can be accommodated whereupon the Employee shall have the ability to amend her or his request. LETTER OF UNDERSTANDING BETWEEN CANADIAN BLOOD SERVICES, LETHBRIDGE CENTRE AND UNITED NURSES OF ALBERTA LOCAL #408 RE: ARTICLE 31.03 OF THE COLLECTIVE AGREEMENT Without Prejudice or Precedent Notwithstanding the provisions of Article 31.03 of the Collective Agreement, the Employer shall continue the practice of providing regular Part-time and Temporary Part-time Employees with two (2) consecutive dates off each week, unless otherwise mutually agreed between upon by the Parties. This Letter of Understanding shall expire March 31, 2017. LETTER OF UNDERSTANDING BETWEEN CANADIAN BLOOD SERVICES, LETHBRIDGE CENTRE AND UNITED NURSES OF ALBERTA LOCAL #408 RE: PRE-AUTHORIZED PAYMENT FOR PENSION AND BENEFITS The Parties agree that notwithstanding the provisions set out in the Collective Agreement, the Employer may institute a system of automatic bank withdrawal for payment of the Employee’s share of pension contributions and benefits premiums during an Employee’s leave of absence. Should such a system be implemented, Employees continuing benefits coverage or pension contributions during a leave of absence shall make payment by authorizing the UnionEmployer to make the required deductions from the Employee’s bank account. LETTER OF UNDERSTANDING BETWEEN CANADIAN BLOOD SERVICES, provided that senior Nurse is qualified LETHBRIDGE CENTRE AND UNITED NURSES OF ALBERTA LOCAL #408 RE: DONOR SCREENING Whereas Employees not included in the bargaining unit will perform donor screening; Therefore, the Parties hereby agree 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 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. (a) 14.01 A layoff shall be defined as include a cessation of work or a reduction of the number of employees in the bargaining unit. nurse’s regularly scheduled hours of work.
14.02 No reduction in the hours of work shall take place to prevent or reduce the impact of layoffa lay off without the consent of the Association.
(b) A permanent layoff 14.03 All regular part-time and full-time nurses represented by the Association who are on lay off will be defined as given a layoff that will exceed thirteen (13) weeks due to a reduction job opportunity in the workload. Notice provided full-time and regular part-time categories before any new nurse is hired into either category.
14.04 A lay off of nurses shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In made on 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 basis 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 first laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basisoff.
(d) 14.05 Nurses shall be recalled in the order of seniority, unless otherwise agreed between the Employer Manor and the UnionAssociation, provided that senior Nurse the nurse is qualified to perform the available work. A Nurse will respond to a registered notice of recall within seven (7) calendar days of receipt of same and shall be available for work on the basis of her/his skill, ability, experience, qualification, training and educationwithin fourteen (14) calendar days unless otherwise agreed.
14.06 In the event of a proposed lay off at the Manor of a permanent or long-term nature, the Manor will:
(ea) Employees subject provide the Association with no less than ninety (90) calendar days' notice of such lay off, and
(b) provide the affected nurse with no less than sixty (60) calendar days' notice of such lay off, and
(c) meet with the Association to layoff review the following:
i) the reasons causing the lay off;
ii) the service which the Manor will undertake after the lay off;
iii) the method of implementation including the areas of cut-back and the nurses to be laid off. In the event of a proposed lay off at the Manor which is not of a permanent or long-term nature or a bed cut-back or a cut-back in service which will result in displacement of staff, the Manor will provide the Association with reasonable notice. If requested, the Manor will meet with the Association to review the reasons and expected duration of the bed cut-back or cut-back in service, realignments of service or staff and its effect on nurses in the bargaining unit. Any agreement between the Manor and the Association resulting from the review above concerning the method of implementation will take precedence over the terms of this Article. Notice of lay off shall be provided in accordance with a minimum the provisions 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 14.07 The job posting requirements apply, prior to the exercise of recall rights by laid off will nurses and notwithstanding the existence of layoff notices.
(a) A nurse who is transferred to a position outside of the bargaining unit shall, subject to (b) below, retain, but not accumulate, her/his seniority held at the time of the transfer. In the event the nurse is returned to a position in the bargaining unit she/he shall be required to credited with the seniority held at the time of transfer and resume accumulation from the date of her/his return to work within seven the bargaining unit.
(7b) days In the event that a nurse is transferred out of receiving the bargaining unit under (a) above for a notice specific term or task which does not exceed a period of recall. Notice twelve (12) months or an academic year and is returned to a position in the bargaining unit, she/he shall not suffer any loss of recall will be by Registered Mail. The seven seniority, service or benefits.
(7c) days It is understood and agreed that a nurse may decline such offer to transfer and that the period of time referred to above may be extended by agreement of the parties.
(a) The Resident Care Co-ordinator excluded from the bargaining unit shall not perform duties normally performed by nurses in the bargaining unit which shall directly cause or result in lay off, loss of seniority or service.
(b) The Manor shall not contract out any work usually performed by members of this bargaining unit if, as a result of such contracting out, a lay off of a nurse other than casual part-time nurses follows. Contracting out to fourteenan Employer who is organized and who will employ the Nurses of the bargaining unit who would otherwise be laid off is not a breach of this provision. This clause will not apply to the ad hoc use of agency or registry nurses for single shift coverage of vacancies due to illness or leaves of absence.
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 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
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 Where there is 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 workload resulting from a surplus of a proposed layoff of permanent or long-term nature or an amalgamationnurses, the Employer will:
i) Provide shall layoff nurses on the Union with no less than thirty (30) working days’ notice basis of such layoff or amalgamation.
ii) Meet with seniority. Probationary nurses shall be laid off first and the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service most junior nurses shall be laid off thereafter provided 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 remaining nurses are 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 reverse order of layoff, subject to their right to require orientation for any job for which they do not feel immediately qualified.
(c) All nurses who are on layoff will be given job opportunity before any new nurse is hired.
(d) No nurse may be laid off until she has received sixty (60) calendar days` notice of layoff or pay in lieu thereof.
(a) A nurse who has been requested to substitute temporarily in a classification that is excluded from the bargaining unit may refuse to do so. If she/he consents she/he shall be deemed to be covered by the Collective Agreement, but shall be compensated in accordance with the excluded classification. In the event that a nurse is transferred out of the bargaining unit, as above, for a period of six (6) months or an academic year and is returned to a position in the bargaining unit, she/he will not suffer any loss of seniority, unless otherwise agreed between service or benefits.
(b) The Employer agrees to provide adequate orientation to a nurse to fill the role of these positions.
(c) Any nurse presently in or who has been in what is now the bargaining unit, who elects or is appointed to any permanent position connected with the Employer and outside of the Unionbargaining unit, may be returned to the bargaining unit provided that senior Nurse is qualified the Employer has first complied with the job opportunity provisions of the Collective Agreement. In such event, the nurse, on returning to perform the available work on bargaining unit, shall retain the basis seniority accumulated up to the date of her/his skillelection or appointment to a position out of the bargaining unit, ability, experience, qualification, training but will not accumulate any seniority while outside the bargaining unit for the purposes of job opportunity and education.
(e) Employees subject to layoff shall be provided with a minimum of four (4) weeks’ notice of layoff or such longer other non-monetary benefits and privileges. Her previous date of hire into the bargaining unit with the Employer, however, shall continue to be recognized for the purposes of calculation of the amount of time as provided by the Employment Standards Actmonetary benefits to which she/he is now entitled.
(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 X. Xxxxxx 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 layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event provisions 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 fourteenArticle XIII,
Appears in 1 contract
Samples: 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) 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 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 1 contract
Samples: 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 reduction of the work force, or 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 hours of a proposed layoff of permanent work or long-term nature wholly or partly discontinue an amalgamationundertaking, activity or service, 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, the affected Nurse(sfire or flood, then not 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 any FTE, which is vacant first, then by selecting to return to work displace the Employee with the least seniority in the same classification and any FTE. 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 1 contract
Samples: Collective Bargaining 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 posting, then the District shall make one or more transfers (as per Article 12.4 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.
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 hours employees that will be laid off at least three weeks prior to the effective date 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 11.6 Laid-off employees shall retain recall rights for three years or the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working noticelength 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 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 recall of his/her acceptance, then such employee shall have no further rights of reinstatement unless approved by the Employer in writing. It is understood that it is an employee’s responsibility while on layoff to keep the Employer informed in writing of his/her current address, and his/her failure to do so constitutes a waiver of his/her reinstatement rights.
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. In the event a TESA position vacancy occurs and the District determines that it will recall a laid-off TESA member, the open position will be posted. All active TESA members who meet the posted qualifications shall be eligible to apply for the position. The District is not obligated to post any resulting vacancies.
11.8 Employees who receive new assignments as a result of a proposed layoff of permanent situation or long-term nature or an amalgamationare recalled must be qualified for the position. An employee is considered qualified if he/she meets the qualifications listed in the posting used to fill the position.
11.9 In order 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 the Employer and the Association.
11.12 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 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 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 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. (a) A layoff
X. Xxxxxx shall be defined as the implementation of a reduction of decision by the number of employees in State Bar to reduce its workforce by terminating Employee(s). When deciding to implement a layoff as so defined, the bargaining unit. No reduction in State Bar may consider, as an option, making retirement and/or separation incentives available that Employees may accept on a voluntary basis, thus avoiding the hours of work shall take place to prevent or reduce need for layoffs under the impact of layoffprocedures which follow.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due B. Subject to a reduction Appendix F, 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 amalgamationlayoff, the Employer will:
i) Provide the Union with no less than State Bar shall provide thirty (30) calendar days’ notice to the Union and to affected Employee(s). An affected Employee is an Employee who may be terminated as the result of a layoff.
C. Within fifteen (15) calendar days after receiving notice of potential layoff, each potentially affected Employee must advise the Office of Human Resources in writing of his/her intent to exercise bumping rights pursuant to Subsection G, below. Failure to advise the Office of Human Resources within the required time period shall constitute a forfeiture of all bumping rights under this Section for the layoff in question.
D. In the event that the State Bar gives an affected Employee less than ten (10) working days’ notice of such layoff or amalgamationan actual layoff, the State Bar shall pay the affected Employee a day’s pay, computed at the Employee’s straight-time hourly rate, for each working day less than ten (10) working days of notice given; that is, if, for example, the State Bar gives an affected Employee seven (7) working days’ notice, the State Bar shall pay to the affected Employee a sum equal to three (3) working days’ pay, computed at the Employee’s straight-time hourly rate.
ii) Meet E. Concurrent with notice of a potential layoff, the State Bar shall provide the Union with a current seniority roster for the affected Group.
F. Layoffs in a classification within a Unit of Representation will occur in inverse order by seniority within an Office and geographical location; that is, the least senior Employee in the affected classification within the Unit of Representation, geographical location and Office in which the layoff occurs shall be the first laid off. Nothing in this Subsection shall be construed to review create inter-Unit bumping rights.
G. Any Employee laid off shall have the followingfollowing bumping rights within the Unit of Representation, geographical location, Office and Group in which the layoff occurs:
A1. An Employee who is notified that he or she will be laid off (“Notified Employee”) The reasons causing and who wishes to exercise his/her bumping rights shall bump into any vacant position in the same job classification in the Group in which the layoff occurs for which the Notified Employee meets the minimum qualifications; or amalgamationif there is no such position available, shall bump the least senior Employee in the same job classification within the Group in which the layoff occurs for which the Notified Employee meets the minimum qualifications provided that (a) such position exists; and (b) the incumbent Employee has less seniority than the Notified Employee;
2. A Notified Employee who does not qualify to bump another Employee pursuant to Subsection G.1. shall occupy any vacant position in any job classification that has the same salary range as the Notified Employee’s position at the time of the layoff notice in the same Group in which the layoff occurs for which the Notified Employee meets the minimum qualifications, or if there is no such position available, shall bump the least senior Employee within the Office in which the layoff occurs in any job classification that has the same salary range as the Notified Employee’s position at the time of the layoff notice, so long as (a) the Notified Employee meets the minimum qualifications for the position; (b) such position exists; and (c) the incumbent Employee has less seniority than the Notified Employee;
3. A Notified Employee who does not qualify to bump another Employee pursuant to Subsections G.1. or G.2. shall bump the least senior Employee within the same Group in which the layoff occurs, in any job classification that has the same salary range as the Notified Employee’s position at the time of the layoff notice, so long as (a) the Notified Employee meets the minimum qualifications for that position; (b) such position exists; and (c) the incumbent Employee has less seniority than the Notified Employee;
4. A Notified Employee who does not qualify to bump another Employee pursuant to Subsections G.1., G.2. or G.3. shall bump into any vacant position in any job classification that has a salary range that is up to 10% less than the Notified Employee’s position at the time of the layoff notice within the Group in which the layoff occurs for which the Notified Employee meets the minimum qualifications, or if there is no such position available, shall bump the least senior Employee within the Office in which the layoff occurs in any job classification that has a salary range that is up to 10% less than the Notified Employee’s position at the time of the layoff notice, so long as (a) the Notified Employee meets the minimum qualifications for the position; (b) such position exists; and (c) the incumbent Employee has less seniority than the Notified Employee;
5. A Notified Employee who does not qualify to bump another Employee pursuant to Subsections G.1., G.2., G.3. or G.4., shall bump the least senior Employee within the same Group in which the layoff occurs in any job classification that has a salary range that is up to 10% less than the Notified Employee’s position at the time of the layoff notice, so long as (a) the Notified Employee meets the minimum qualifications for the position; (b) such a position exists; and (c) the incumbent Employee has less seniority than the Notified Employee;
6. The exercise of bumping rights shall proceed in the aforementioned sequence, but expanding the job classifications potentially available for bumping in decreasing 10% salary ranges, until an Employee who is laid off is able to bump another Employee or until the available job classifications within the Group are exhausted, in which case the Employee who is laid off shall be terminated subject to recall rights hereinafter set forth.
B) The service that the Employer will undertake after the layoff7. A geographical location shall include all State Bar offices within a given county.
C) Method X. A Notified Employee who bumps the least senior Employee in a job classification that has the same salary range as his/her position at the time of implementation including the areas layoff notice shall maintain the salary of cutback and his/her position at the Nurses time of the layoff notice; an Employee who bumps the least senior Employee in a job classification that has a lower salary range than the Notified Employee’s position at the time of the layoff notice shall be placed within the salary range for his/her new position proportionally equivalent to the Employee’s placement within the salary range of his/her position at the time of the layoff notice. For example, if the Notified Employee was at the midpoint of his/her prior salary range, he/she will be laid offplaced in the midpoint of the salary range of the new position.
D) Any other alternatives.
iii) A Nurse who has been notified of I. If an Employee is subject to a permanent layoff may:
A) Accept the layoff.
B) Opt pursuant to retire if eligible under the terms of the pension plan.
C) Elect to transfer to this Section 14 and a vacant position provided is available in another geographic location which otherwise meets the criteria for each step of the bumping process in Section 14.G., 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 Employee subject to layoff is qualified shall have the option to performtake such a position. The Employer will provide a familiarization period For the purposes of up to thirty-seven point five (37.5) hoursthis Section 14.I., as determined by the Employer.
iv) In this Article, a term “vacant position” shall mean a position that is both unoccupied at the time and will not become occupied by another Employee as a result of that other Employee’s exercise of his or her bumping rights. Rejection of the offer to transfer geographic location pursuant to this subsection shall not mean the Employee has in any way waived his or her bumping rights under Section 14.G. An employee who accepts a transfer to a vacant position in another geographic location shall not be eligible for any relocation benefits, and must bear all costs associated with his or her acceptance of this move of geographic locations.
J. Recall shall be to the Group and job classification from which the posting process has been completed affected Employee was laid off and no successful applicant has been appointed.
v) When an employee accepts a long-term shall be carried out in inverse order of 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 to such classification shall not exceed a period 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 fourteentwelve
Appears in 1 contract
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. The Kanata Clinic and 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. Section 1. In the event it becomes necessary to layoff, or eliminate a filled position covered by this Agreement, the fa- cility will give the Union advance written notice of its inten- tion 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 company.
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 given at least seven (7) calendar days notice of layoff.
Section 4. Once the department(s), category(s), 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.) all probationary and temporary employees in such title(s), and category(s) in the department(s) and shift(s) affected shall be 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 Pro- motions Article of this agreement. Further, posted positions to which no employee has been selected may be used if needed as a reduction of vacant posi- tion under this Article;
Section 5. When an employee with seniority is subject to lay- off, or has their position eliminated under Section 3 above, such affected employee shall be placed in a position in the number of employees bargaining unit in the following sequence. It is understood
Step 1: The employee may select any vacant posi- tion in the bargaining unit, which is in their category of employment, job title and shift. No reduction If the employee opts to drop shift, category and/or job title and maintain grade as a re- quirement for placement, they may do so at any step, however, a part-time employee may not be placed in a full-time position.
Step 2: If no such vacancy exists, they will be per- mitted to displace any probationary em- ployee in their category of employment, job title and shift.
Step 3: If there are no probationary employees who may be displaced, then the employee sub- ject to layoff may bump the least senior employee in their category of employment, job title and shift.
Step 4: If the employee cannot be placed in posi- tion within their job title, they may select any vacant position in their category of em- ployment, grade and shift.
Step 5: If no such vacancy exists, the employee may displace any probationary employee in their category of employment, grade and shift.
Step 6: If there are no probationary employees who may be displaced in Step 5 above, then the employee may bump the least senior em-
Step 7: If the employee cannot be placed in a posi- tion in their category of employment, grade and shift, they may select any vacant posi- tion in their category of employment and grade.
Step 8: If no such vacancy exists, the employee may displace any probationary employee in their category of employment and grade. Step 10: If the employee cannot be placed within a position in their category of employment and grade by Step Nine (9) above, then the steps four (4) through nine (9) shall be re- peated in the hours of work shall take place next lower grade and then to prevent subsequent lower grades until placed into a position 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 Section 6. When the layoff.
B) Opt to retire least senior employee is bumped, he/she shall be placed as if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that shehe/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 she were originally 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 Employerdescribed above.
iv) In this ArticleSection 7. At other than Step One (1), the employee may elect a “vacant position” shall mean layoff. A refusal to accept a position for which the posting process has been completed and no successful applicant has been appointedemployee meets the requirements will result in the em- ployee being laid off at that point.
v) When Section 8. Seniority will not continue to accumulate while an employee accepts a long-term layoffis laid off.
Section 9. For employees who are laid off, she/he payment for xxxx- tion due (including bonus days) earned but not received shall be entitled to receive severance made within the next pay in accordance with the Employment Standards Actperiod.
vi) If the Nurse has the Section 10. Employees shall be recalled by seniority to bump someone and chooses instead to take va- cancies in their grade if they possess 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 ability to perform the work available. Employees laid off job with preference to vacancies in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basistheir title.
(d) Nurses shall Section 11. Recalls from layoff will be by certified mail to the employee’s last known address. Any employee recalled in order of seniority, unless otherwise agreed between must notify 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 intent to return to work within seven (7) calendar days after receipt of due certified notice unless pre- vented from doing so by verifiable illness or death in the fam- ily or current employment where notice is required, in which case the employee must report within fifteen (15) days of receiving re- call notice.
Section 12. Non-probationary employees who are laid off shall be subject to recall as follows:
a.) Employees having less than one (1) year of se- niority, shall have recall rights for a notice period of recallsix (6) months, and
b.) Employees having one (1) or more years of se- niority, shall have recall rights for a period of twelve (12) months.
Section 13. Notice of recall will Employees on layoff status shall be by Registered Mail. The seven (7) days period may be extended permitted to fourteencontinue to participate in the Employer’s health insurance plan as provided under the COBRA regulations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. (a) A layoff shall be defined as a reduction of in the number of employees faculty members may be required as a result of: - decreased enrollment, - elimination of programs, - failure to reach minimum class size, - shortage of funds, - organizational change, or - changes deemed by the College to be necessary in the bargaining unitstructure of its programs. No reduction In the event of layoff, the procedures described in this Article will apply.
(b) The College will give the hours Association at least thirty (30) days notice of work shall take place the possibility of a layoff occurring, and of the jobs which would likely be affected by the layoff.
(c) The primary criteria to prevent or reduce be considered by the impact College in deciding who will be laid off will be: - seniority and - qualifications
(d) The sequence order in which potential layoffs will occur will be:
1. Probationary Contract Faculty,
2. Probationary Regular Faculty,
3. Contract Faculty,
4. Regular Faculty
(e) A faculty member who has received a notice of layoff from the College will not have the right to displace a faculty member who has not received a notice of layoff.
(bf) A permanent layoff will Recall rights shall be defined as a layoff that will exceed maintained by regular full time faculty members for 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 date of layoff.
C) Method of implementation including the areas of cutback . After that time, all seniority rights and the Nurses to be recall rights shall cease. Contract and probationary faculty will not have recall rights if they are laid off.
D(g) Any other alternativesAll seniority rights and rights to recall shall immediately cease if a faculty member fails to exercise a right to recall within ten (10) calendar days of notification, or refuses a recall to work. In both instances, the faculty member will be deemed to have resigned from his/her employment with the College.
iii(h) A Nurse The primary criteria to be considered by the College in deciding who has been notified of a permanent layoff may:
A) Accept to recall from among laid off faculty members will be seniority and the layoff.
B) Opt to retire if eligible under the terms qualifications of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified individuals on layoff to perform the available workduties of the position being filled.
D(i) Displace a Nurse The College shall issue notices to regular full time faculty members by sending them by double registered mail to the last address provided by the faculty member to the College. Laid off regular full time faculty members are required to notify the College of changes in their address so that notices of recall can be correctly sent to them.
(j) Laid off regular full time faculty members who has lesser bargaining unit seniority are not recalled to work within thirteen (13) weeks of layoff shall be entitled to severance pay based on one (1) month's salary (at their current salary rate, and whose work less required statutory deductions) for each completed year of service with the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of College up to thirty-seven point five a maximum of three (37.53) hoursyears. At its discretion, as determined by the Employer.
ivCollege may consider additional severance compensation for employees with more than three (3) In this Article, a “vacant position” shall mean a position for which years service to the posting process has been completed College. Laid off contract and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall probationary faculty members will not be entitled to receive severance pay in accordance with the Employment Standards Actafter 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 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) A layoff The Hospital shall be defined as a reduction of the number of employees give each employee in the bargaining unitunit who has acquired seniority and who is to be laid off for a period of more than eight (8) weeks, notice in writing of h i s - lay-off in accordance with the following schedule: Up-to one year's service year but less than years' service years but less than years' service years but less than years' service years but less than years' service years but less than years' service years but years' service years' service or more week's weeks weeks' weeks' weeks weeks notice notice. No reduction in notice notice notice notice notice notice Such notice will be handed to the hours of employee and a signed acknowledgement requested if the employee is at work at the time the notice is ready for delivery. In the alternative, it shall take place be mailed by registered mail. An employee on layoff and recalled to prevent or reduce the impact a temporary position shall not be entitled to fur- ther notice 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 amalgamationmore than eight weeks' duration, the Employer Hospital will:
i) : Provide the Union with no less than thirty (30) working days’ calen- dar days notice of such layoff or amalgamation.
ii) Meet layoff, and meet with the Union through the Labour Management Com- mittee to review the following:
A) The reasons : the reason causing the layoff or amalgamation.
B) The the service that the Employer Hospital will undertake after the layoff.
C) Method layoff the method of implementation including the areas of cutback cut-back and the Nurses employees to be laid off.
D) Any . In the event of a substantial bed cut-back or cut-back in service, the Hospital will provide the Union with reasonable notice. If requested, the Hospital will meet with the Union through the Labour Management Committee to review the reasons and expected duration of the bed cut-back or cut-back in ser- vice, any realignment of service or staff and its effect on employees in the bargaining unit. In all other alternatives.
iii) A Nurse cases of lay-off, the shall give each employee in the bargaining unit who has been notified acquired seniority one week's notice, provided however, such notice shall not be required if the lay-off occurs because of a permanent layoff may:
A) emergencies (for example fire, act of God, power failure or equipment breakdown). In the event of lay-off, the Hospital shall lay off employees in the reverse order of their seniority within their classification; providing that there remain on the job employees who then have the ability to the work. An employee who is subject to lay-off shall have the right to either: 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) lay-off or; Displace a Nurse 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 bar- gaining unit if the employee originally subject to layoff is qualified to performlay-off can 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 or above shall be given in writing to the reverse designated Hospital representa- tive within five working days (excluding Saturday, Sunday and Holidays) following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. An employee shall have opportunity of recall from a lay- off to an available opening, in order of seniority provided that he has the Nurses 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 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 and above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classifica- tion from which he was laid off shall have the privilege of returning to the position he held prior to the lay-off should it become vacant within six months of being recalled. No new employees shall be hired until laid off have been given an opportunity to return to and have failed to notify the Hospital of their intention to do so, in accor- dance with below, or have been found unable to perform the work available. Employees It is the sole responsibility of the employee who has laid off in a specific geographic area shall have to notify the right Hospital of his intention to exercise return within five (5) working days (exclusive of Saturdays, and paid Holidays) after being notified to do so by mail, addressed to the rights outlined in 10.12 last address on record with (b) on a site-wide basis.
(d) Nurses which notification shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified deemed to perform the available work have been received on the basis second day following the date of her/his skill, ability, experience, qualification, training mailing) 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) ten working days after being f 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 Hospital. Where the employee fails to notify the Hospital of receiving his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Hospital. In the event that a notice lay-off commenced on the day immedi- ately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of recallthe day on which the lay-off commenced. Notice A laid off employee shall retain the rights of recall for a period eighteen months from the date of lay-off. No full-time employee within the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. Any agreement reached between the Hospital and the Union concerning the method of implementing layoffs will be by Registered Mail. The seven (7) days period may be extended to fourteentake prece- dence over other terms of layoff in this Agreement.
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 workforce or a reduction in the straight time hours of work shall take place to prevent or reduce the impact of layoffwork, lasting more than one (1) working day, as defined in this Agreement.
(b) A permanent layoff will be defined as a layoff Both parties recognize that will exceed thirteen (13) weeks due job security shall increase in proportion to a reduction length of service. Therefore, 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 employees shall be laid off in the reverse order of their bargaining unit wide seniority. An employee about to be laid off may accept the layoff or may displace any employee with less seniority, provided the employee exercising the right is qualified, able and willing to perform the work of the employee with less seniority.
(c) New employees shall not be hired until those laid off have been given an opportunity of recall. Recall from layoff shall be based upon the seniority of the employees affected provided that the Nurses who are entitled employee or employees to remain on the basis of seniority be recalled 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 basisfor which they are being recalled.
(d) Nurses 10.02 Employees shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse is qualified entitled 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 outlined in the Employment Standards Act. If the employee has not had the opportunity to work the days as provided in this article, he shall be paid for the days for which work was not made available.
10.03 Where possible, the Employer shall give the employee concerned as well as the Union a three (3) week notice of intention to layoff.
10.04 The Employer agrees to meet with the union through the Labour Management Committee;
(a) to identify the reasons for the layoffs,
(b) to identify the change in service (if any) the Employer will provide after the lay off.
(fc) Nurses to identify the method of implementation including the areas of cutback and employees to be laid off.
10.05 An employee who has bumped into a position but is unable to continue their placement in the bumped position within thirty (30) days of placement shall be laid off. This article does not mean that a trial period exists for employees who have bumped into a position.
10.06 Employees on layoff shall be given preference for temporary vacancies, which are expected to exceed ten (10) working days. An employee who has been laid off will recalled to a temporary vacancy of less than ten (10) days shall not be required to return accept such a recall and may instead remain on layoff. For recall in excess of ten (10) working day employees shall be required to work within seven (7) days accept recalls in accordance with Article 9.06(c).
10.07 Employees who are on layoff and recall, and who have had a reduction in hours, shall receive any extra shifts that will bring their hours up to the number of receiving hours they had prior to being laid off. Casual employees, who are not regularly scheduled to work, will receive replacement hours in order of their seniority only after employees who are on layoff have received their hours first.
10.08 If an employee or the Union wishes to file a notice grievance about a layoff, such grievance shall be initiated at step 2 of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenthe grievance procedure.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. (a) A layoff shall be defined as When a reduction of the number of in force in any Division is necessary, temporary and probationary employees in the bargaining unit. No reduction in the hours of work affected job classifications shall take place to prevent or reduce the impact of layoffbe laid off before laying off regular employees.
(b) A permanent layoff will be defined as If it is necessary to reduce the number of regular employees or to lay off regular employees within a layoff that will exceed thirteen Division (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESAexcept Distribution Dispatch). 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) following shall apply: A Nurse nonexempt salaried administrative associate 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 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 removed shall have the right to exercise his 1466 Bargaining Unit seniority to displace a less senior administrative associate employee in the Administrative Associate Division. SECOND, if the employee in the job classification in which the reduction is to be made exercises his rights outlined in 10.12 accordance with the FIRST step above, employees displaced may then exercise their rights in a like manner or be laid off. THIRD, following the changes resulting from the FIRST and SECOND steps above, the excess employees, if any, shall have the right to (b1) on exercise 1466 Bargaining Unit seniority in entry level jobs for which qualified in other lines of progression within the Company (IBEW Local 1466 – Units 3A or 3B); or (2) be laid off. FOURTH, following the changes resulting from the THIRD step above, employees displaced may exercise their 1466 Bargaining Unit seniority in a sitelike manner or be laid off. Energy Delivery entry level jobs (IBEW Local 1466 – Unit 3A) for the purpose of this section are deemed to be: Fleet Technician B Instrument Operator Trainee Administrative Associate III Line Mechanic D Stores Attendant B Material Handler B Meter Electrician C Meter Reader Protection & Control Technician II Station Electrician C Station Servicer C Equipment Repair Mechanic-wide basisC Utility Servicer B Street Light Attendant IT Support Technician Associate Network Mechanic D Plant entry level jobs (Unit 3B) for the purpose of this section are deemed to be: Equipment Operator -Junior Control Technician-Junior Performance and Industrial Hygiene Technician-Junior Stores Attendant-Junior Administrative Associate III Custodian
(c) The following shall apply to an employee who is displaced from his job to another job through the layoff procedures:
(1) If he is displaced to another job classification within his line of progression, his Line of Progression seniority in such shall prevail over the Line of Progression seniority of any other employee within such other job classification except an employee who is later displaced through the layoff procedures. If he bids out of the job classification to which he was displaced, his Line of Progression seniority shall be determined in accordance with Section 1(b) of this Article VII.
(2) If he is displaced to any entry level job outside his line of progression, his Line of Progression seniority in such entry level job shall date from his latest employment in such job. Furthermore, he shall, for a period equal to his recall rights, accumulate Line of Progression seniority within the line of progression from which he was displaced. If, during a period equal to his recall rights, he is recalled to his former job classification from the job classification to which he was displaced, he shall give up all other Line of Progression seniority. If, during a period equal to his recall rights, he is not recalled to his former job classification from the job classification to which he was displaced, he shall give up all other Line of Progression seniority. If, during a period equal to his recall rights, he bids out of the job classification to which he was displaced, his Line of Progression seniority shall be determined in accordance with Section 1(b) of this Article VII.
(d) Nurses A laid off employee shall be recalled in order of seniority, unless otherwise agreed between not have his seniority or recall rights affected by either declining or accepting temporary work with 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 educationCompany.
(e) Employees subject to layoff When recalled after such layoffs, the last employee laid off or reclassified from his former job classification shall be provided with a minimum the first recalled and this process shall be continued until each laid off or reclassified employee within the Division has had the opportunity to return to his former job classification or resume employment. A laid off employee may exercise his 1466 Bargaining Unit seniority for bidding on an entry level job vacancy under the THIRD step of four (4Section 8(b)(1) weeks’ notice or the FOURTH step of layoff or Section 8(b)(2) of this Article VII, whichever is applicable, even if such longer amount of time as provided by vacancy is not within the Employment Standards ActDivision from which he was laid off.
(f) Nurses who have been The Company shall give a two (2) weeks advance notice to the Union of any general reduction in forces.
(g) The provisions of Section 11(b) through (e) shall not apply to employees in the Distribution Dispatch line of progression. Layoffs and recalls for Distribution Dispatch employees shall be applied as follow:
(1) Layoffs in Distribution Dispatch shall be based on merit/performance and begin with those in the lowest occupied classification first. After all the necessary number of employees in the lowest occupied classification are laid off and the need for additional layoffs exists, layoffs will occur in the next higher job classification in the line of progression and shall be required based on merit/performance. If the merit/performance factors of two employees considered for layoff are equal, then line of progression seniority shall prevail and the least senior employee shall be laid off.
(2) When adding to return to work the forces, those most recently released within seven (7) days a period of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteentwo
Appears in 1 contract
Samples: Local Agreement
Layoff and Recall. 31.01 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 workplace 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 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 will:shall place them in a position within the same classification.
i(ii) Provide Where there are no positions of any status in the Union 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 HCA may displace a Recreation Assistant) in a classification in a lower pay grade.
31.03 Employees who refuse an offer by the 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 they 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 31.05 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.
31.06 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 Desjardins Supplementary Benefits Plan and no successful applicant has been appointed.
v) When an employee accepts a long-term layoffDesjardins 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 their 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 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 basisadversely affected.
(d) Nurses 31.07 Employees shall be recalled in order of their seniority.
31.08 The method of recall shall be by registered letter sent to the Employee’s last known place of residence or by personal delivery of same. When dispatched by registered mail, unless otherwise agreed between 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.
31.09 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.
31.10 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 UnionEmployee has provided notice of readiness to return to work.
31.11 Employees who have been reduced in regular hours of work through the application of this Article shall indicate in writing, provided that senior Nurse is qualified their availability to perform the available 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 When it becomes necessary to reduce the working force, the last employee hired shall be defined laid off first, and when the force is again increased, the employees are to be returned to work in the reverse order in which they were laid off. The parties to this Agreement recognize that a layoff is not to be used as a reduction subterfuge for the cancellation of local cartage starting times. Claims that the number Employer has improperly used the layoff pro- vision to cancel starting times are subject to the grievance machin- ery. When a layoff is put into effect that concerns the eighty percent (80%) of an Employer’s seniority list that have bid starting times and more than fifty percent (50%) of those employees in the bargaining unit. No reduction in the hours of who are on layoff are called to work as extras, any employee who worked that day as an extra shall take place to prevent or reduce the impact of layoffbe paid from his regular starting time.
(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 arearecall, the affected Nurse(s) in that area laid-off employee shall be laid off in given notice of recall by telephone and telegram, registered or certified mail, sent to the reverse order address last given the Employer by the employee. Within three (3) calendar days after tender of seniority provided delivery at such address of the Employer’s notice, the employee must notify the Employer by telephone and telegram, registered or certified mail of his intent to return to work and must actually report to work within seven (7) calendar days after date of tender of delivery of the recall notice, unless it is mutually agreed 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 employee need not return to work within seven (7) calendar days period. In the event the employee fails to comply with the above provisions, he shall lose all seniority rights under this Agreement and shall be consid- ered as a voluntary quit. In the absence of receiving a notice notification of recalllayoff, when an employee has not been offered work opportunity for a period of two (2) consecutive weeks, he shall be considered as laid off. Notice of recall will be by Registered Mail. The seven When supplemental employees are used three (73) days period may or more per week for two (2) con- secutive weeks, the senior laid-off employee shall be extended recalled.
(c) In case of layoff, the job xxxxxxx shall be the last employee to fourteenbe laid off, and under no circumstances shall he be discriminated against. Any elected Xxxxxxx who does not have a starting time shall become the first on-call employee. This shall also apply when start- ing times are canceled as allowed in this Agreement. This provision shall apply to the normal workweek only. This provision shall only apply to one (1) Xxxxxxx in each classifi- cation.
(d) When a regular employee has been laid off for five (5) working days in the job classification in which he has been working (but not before the beginning of the second payroll period), he then, in line with terminal seniority, shall have the right to “bump” a junior employee in any other job classification in which he is qualified to work until regular work is again available in his original job classi- fication, at which time, he shall go back to his original job classifi- cation. No employee has the right to bump a red-circled employee.
Appears in 1 contract
Samples: Supplemental 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 1 Facilities Coordinator 6 Warehouseman/Xxxxxxx 2 Maintenance Leader 7 Head Custodian, Xxxxxxx, Xxxxxxx 3 Maintenance Persons 8 Elementary Head Custodians 4 Head Custodian, High School 9 Custodian Leader 5 Warehouseman 10 Custodians
(b) A permanent layoff Transportation Employees 1 Transportation Coordinator 2 Bus Drivers
(c) Food Service Employees 1 Cook Leader 4 Kitchen Helper/Driver 2 Cook/Assistant Leader 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 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. A. In the event of a proposed layoff of permanent or long-term nature or an amalgamationreduction in bargaining unit members not covered by the Teachers’ Tenure Act, the Employer willorder of the reduction shall be:
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 1. Probationary 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 members not covered 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 Teachers’ Tenure Act shall be laid off first. A probationary bargaining unit member not covered by the Teachers’ Tenure Act shall not be laid off unless there is a bargaining unit member not covered by the Teachers’ Tenure Act who is certified, qualified, and available to perform the duties of the position the probationary bargaining unit member not covered by the Teachers’ Tenure Act is vacating, or unless the position that the probationary bargaining unit member not covered by the Teachers’ Tenure Act is vacating is being eliminated altogether.
2. If the reduction of bargaining unit members not covered by the Teachers’ Tenure Act is still necessary, then bargaining unit member not covered by the Teachers’ Tenure Act in the reverse order of seniority provided that the Nurses who are entitled to remain specific positions being reduced or eliminated shall be laid off on the basis of seniority are qualified seniority, except as hereinafter provided. Layoffs made pursuant 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 this Section shall be recalled made in the inverse order of seniority, unless otherwise agreed between i.e. those with the Employer and least seniority are to be laid off first. For the Unionpurpose of this Article, provided that senior Nurse "seniority" is qualified defined to perform mean 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 an individual is continuously employed within the District. Such seniority shall be measured from the first day of employment scheduled on the job. Should there be a tie in employment dates of bargaining unit member not covered by the Employment Standards ActTeachers’ Tenure Act scheduled for layoff, the bargaining unit member not covered by the Teachers’ Tenure Act retained of those tied shall be the person with the greatest experience in the position(s) remaining, whether such position(s) are created by exercising a necessary bump or assuming a scheduled position. If a tie in employment continues to exist, then lay-offs will be determined by the last four digits of social security numbers, with the lowest number avoiding the lay-off.
3. The Board will provide a current seniority list by October of each year. The Association and the Superintendent agree to meet and establish a seniority rank number, from greatest to least, for such a list. Within twenty (f) Nurses who have been laid off will be required to return to work within seven (720) days of receiving a notice of recallproviding the list, objections shall be made. Notice of recall will Thereafter, the list shall be by Registered Mail. The seven (7) days period may be extended to fourteenfinal and conclusive.
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. (a) A Employees on layoff shall be defined as a reduction will have recall rights for 18 months or, where the Employee has 5 or more years of seniority, for 24 months from the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact initial date of layoff.
(b) A permanent An Employee’s seniority will continue to accrue during a layoff.
(c) An Employee will continue to participate in those benefit plans in which they had been participating immediately prior to the layoff will be defined as a in accordance with Article 22 to the end of the 2nd pay period following the pay period in which the date of layoff that will exceed thirteen (13) weeks due occurred. Subject to a reduction coverage being available 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 amalgamationmarketplace, the Employer will:
i) Provide Employee may continue to participate in some or all of those benefit plans, provided that they pay 100% of the Union with no less than thirty (30) working days’ notice premiums, in advance, for 6 month intervals renewable through the period 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(d) Method Employees on the Recall List will be recalled, in order of implementation including the areas of cutback seniority, to vacant positions,
(e) Full-time Employees will be recalled to full-time positions or part-time positions and the Nurses Part- time Employees will only be recalled to be laid offpart-time positions.
D(f) Any other alternatives.
iii) A Nurse An Employee who has been notified laid off and remains eligible for recall will be recalled to the job they held at the time of a permanent layoff may:
A) Accept should such position become available during the first 12 month period following layoff.
B(g) Opt Notice of recall will be made by registered mail to retire if the Employee's last address on file in Human Resources Services. A copy will be sent to the Union. It is the responsibility of an Employee to keep Human Resources Services informed of their current address.
(h) An Employee will be considered to have resigned, and the employment of that Employee will be deemed to have been terminated in any of the following circumstances:
i. they fail to respond to the Employer within 5 Working Days of receipt of notice of recall;
ii. they decline recall;
iii. they accept recall but fails, without justification, to report for work on the recall date specified by the Employer;
(i) No appointments will be made to vacant Bargaining Unit positions until all Employees on layoff who have the qualifications, skills, ability, and relevant experience to perform the available work have had the opportunity to accept recall to the vacant position.
(j) If an Employee has been laid off for a period beyond the limits of their recall rights without having been recalled, they will receive severance pay as calculated at the time of layoff, and their employment relationship will be deemed to have been terminated.
(k) While on layoff, an Employee will be eligible to participate under the terms of the pension plan.
CWaiver of Tuition Fees for Dependents, Bursary for Dependents and Tuition Assistance, for the full academic term (4 months) Elect to transfer to a vacant position provided that she/he or he is qualified to perform following 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 academic term in which the posting process has been completed and no successful applicant has been appointedlayoff began.
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 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. In the event restructuring of services is required, the Employer will provide the Bargaining Unit with thirty (a30) A layoff shall be defined as a reduction days notice. The Employer will meet with the Bargaining Unit and Labour Relations Officer to review the reasons and expected duration of the number cut-back in service, realignments of service or staff and its effect on employees in the bargaining unit, including the effective date. No reduction Any agreement between the Employer and the Bargaining Unit and the Labour Relations Officer resulting from the review above concerning the method of implementation will take precedence over the terms of this Article. Notice of lay- off, to the individual(s), shall be in accordance with the hours provisions of work shall take place to prevent or reduce the impact of layoffEmployment Standards Act.
(ba) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due An employee, who is transferred to a reduction in position outside of the workload. Notice provided shall be per Employment Standards Act bargaining unit for a period of not more than one (ESA). The first eight weeks shall be considered working notice1) year shall, subject to (c) below, retain, but not accumulate, her seniority held at the time of transfer. 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 employee is returned to a vacant position provided that she/he or he is qualified to perform 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 has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoffunit, she/he shall be entitled credited with seniority held at the time of transfer and resume accumulation from date of her/his return to receive severance pay in accordance with the Employment Standards Actbargaining unit.
vi(b) If In the Nurse has event that an employee is transferred to a position outside of the bargaining unit for a period in excess of one (1) year, she will lose all seniority held at the time of transfer. In the event the employee is returned to bump someone and chooses instead to take a position in the layoffbargaining unit, the Nurse may have disqualified employee's seniority will accrue from the date of her/himself from Employment Insurance payments according his return to their rulesthe bargaining unit.
(c) In the event that an employee is transferred out of the bargaining unit under (a) above for a period of six (6) months or academic year and is returned to a position in the bargaining unit, she/he shall not suffer any loss of seniority, service or benefits. It is understood and agreed that an employee may decline such offer to transfer and the period of time referred to above may be extended by agreement of the parties.
(a) Employees who are in supervisory positions excluded from the bargaining unit shall not perform duties normally performed by employees in the bargaining unit, which shall directly cause or result in the layoff, loss of seniority or service or reduction in benefits to employees in the bargaining unit. Employees will be assigned duties and responsibilities in accordance with the Regulated Health Professions Act and other applicable statutes and regulations thereto. The Employer will not assign such duties and responsibilities to employees not covered by this agreement unless those duties and responsibilities are appropriate to the position occupied by the person to whom the duties and responsibilities are being assigned and are consistent with quality patient care. Unless otherwise agreed by the Association and the Employer, work performed by full-time employees will not be assigned to part-time employees for the purpose of eliminating full-time positions.
(b) The Employer shall not contract out the work of a layoff within bargaining unit employee if, as a specific geographic arearesult of such contracting out, any bargaining unit employee other than a casual part-time employee is laid off, displaced or loses hours of work or pay. Prior to contracting out any available work, the affected Nurse(s) in that area shall be laid off in Employer will first offer the reverse order of seniority provided that the Nurses who are entitled to remain work on the basis of seniority are qualified to perform regular part-time employees in the work availablebargaining unit. Employees Contracting out to an employer who is organized and who will employ the employees of the bargaining unit who would otherwise be laid off in off, with similar terms and conditions of employment, is not a specific geographic area shall have breach of this provision. This clause will not apply to the right ad hoc use of agency or registry employees for single shift coverage of vacancies due to exercise the rights outlined in 10.12 (b) on a site-wide basisillness or leaves of absence.
(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 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) Xxxxxx 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.layoff and retain their recall rights; or
Bii) Opt to retire if eligible under the terms of the pension plan.resign and receive severance pay in accordance with the
Ciii) Elect elect to transfer to a vacant position within the bargaining unit, provided that she/he or he she is qualified to perform the available work.; or
Div) Displace a Nurse displace another employee in her own position who has lesser less bargaining unit seniority and who is the least senior employee on a unit or area whose work the Nurse subject to layoff employee 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(j) 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 Severance pay will be entitled to receive severance pay in accordance with the Employment Standards Act.
vi(k) If the Nurse has the seniority to bump someone Grievances concerning layoffs 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 recall shall be laid off in initiated at Step 2 of 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 basisGrievance Procedure.
(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) 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 thirty at least twenty (3020) working days’ days 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 supercede 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 at the same location as the laid off employee, if the employee originally 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 skill, ability and qualifications to bump someone and chooses instead to take perform the layoff, duties of 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 lower or identical paying position without training other than orientation. Such employees so displaced shall be laid off off. The employee’s choice of either (a) or (b) above shall be given in writing to the reverse order supervisor within three (3) working days following the notification of seniority provided that layoff. An employee failing to do so will be deemed to have accepted the Nurses layoff.
12.06 An employee who are entitled is subject to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area permanent or long term layoff shall have the right to exercise either:
(a) Accept the rights outlined in 10.12 layoff;
(b) on Displace and employee with lesser bargaining unit seniority ad who is the least senior employee in a site-wide basis.
(d) Nurses shall be recalled lower or identical paying position in order of senioritythe bargaining unit, unless otherwise agreed between if the Employer employee originally subject to layoff has the skill, ability and the Union, provided that senior Nurse is qualified qualifications to perform the available work on duties of the basis of her/his skill, ability, experience, qualification, lower or identical paying position without training and education.
(e) Employees subject to layoff other than orientation. Such employees so displaced 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 Mailoff. The seven employee’s choice of either (7a), (b) above shall be given in writing to the supervisor within three (3) working days period may be extended to fourteenfollowing the notification of
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 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 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 Bargaining Agreement
Layoff and Recall. In the event that the Company anticipates the permanent lay-off of posted Employees (bid positions) of more than 60 days due to shortage of work, manpower reductions or technological changes, it is intended that the following procedures shall be followed:
(a) A layoff The situation will be discussed with the Union so that as much notice as possible can be given any Employees that may be affected. follows:
(b) It is intended that Employees be laid off in reverse order of seniority as
(i) Seasonal workers, then
(ii) Non-posted (Recall) Employees, then
(iii) Posted Employees
(c) When there is more than one Employee working in the same job classification, lay-offs will be in reverse order of seniority in the classification within the Department.
(d) When an Employee is provided notice of lay-off, the employee shall first be defined as a reduction given the option of displacing the number of employees most junior Employee 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 employee to be laid-off has the layoff.
C) Method 'qualifications and ability' or is able to perform that job within a reasonable period of implementation including time. If 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 off is not considered qualified or able to perform that job, then the layoff.
B) Opt to retire if eligible under the terms Employee shall be assessed in respect of the pension plan.
C) Elect position occupied by the next most junior Employee and so on until it is determined that no positions are available. Where the laid-off Employee is not qualified or able to transfer displace the most junior Employee, or if the laid-off employee elects not to a vacant position displace the most junior employee; the laid-off Employee shall be placed on the RECALL LIST, in order of seniority and on the understanding and condition that he remains readily available to accept assignments as required. The option of electing to displace the Junior Employee or be placed on lay-off must be made within 72 hours of receipt of the notice of lay-off and cannot be changed by the Employee after the 72 hours has expired. Where practical, Employees on lay-off will be called for assignments in order of their seniority provided that she/he or he they are available at the time the assignment is scheduled and are qualified and able to perform the available work.
D) Displace assigned work in a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff manner that is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hourssatisfactory, as determined by the Employer.
iv(e) In this Article, a “vacant position” The Company shall mean a position first utilize laid-off Employees 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.
assignments as per paragraph (d) Nurses shall be recalled in order above prior to the utilization 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) newly hired 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 Actsummer relief Employees.
(f) Nurses who have been laid off will be required to return to work within seven (7) days For the purposes of receiving a notice of recall. Notice of recall will be by Registered Mail. The seven (7) days period may be extended to fourteenthis section the Departments shall be: Cultured Products Department Milk Department Shipping Department Engineering and Maintenance Office Industrial Department Cheese Department Lab
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. A. In the event of a proposed layoff reduction in force or reduction of permanent or long-term nature or an amalgamationregular hours at the laboratory, the Employer will:
i) Provide Hospital will notify the Union and will, upon request, meet with no less than the Union and consider its input at reasonable times during the thirty (30) working daysday period following such notice. The Hospital will give affected employees at least two (2) weeks’ notice of such layoff. Such notice may be given during the thirty (30) day notification period set forth in the preceding paragraph, not to be effective prior to thirty (30) days from the date of the initial notice to the Union. During this time the Hospital will seek volunteers for layoff or amalgamation.
ii) Meet in the affected positions which would reduce the need for layoffs and will meet with the Union on request to review discuss alternatives to layoffs. Volunteers for layoff in such positions will be selected on the following:
A) The reasons causing basis of seniority. If an insufficient number of Clinical Laboratory Scientists volunteer for layoff to meet reduction goals, 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 least senior Clinical Laboratory Scientist occupying positions to be laid off.
D) Any eliminated will be displaced. Initial displacements shall be carried out by shift and component within the affected Hospital. Displaced Clinical Laboratory Scientists will have the right to bump other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept less senior Clinical Laboratory Scientists within their component providing 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 Clinical Laboratory Scientist is qualified and has the ability, with no more than fifteen (15) days orientation, to competently perform the available work. It is understood that the Hospital will notify the Union of its conclusion that a Clinical Laboratory Scientist has not demonstrated his/her ability within said fifteen (15) days prior to terminating the Clinical Laboratory Scientist and the orientation period may be extended by agreement of the parties. A Clinical Laboratory Scientist exercising his/her seniority to take a float position, must take the entire float position, not just the hours worked at the Clinical Laboratory Scientist's component.
DB. Clinical Laboratory Scientists displaced from their positions may, within the seventy-two (72) Displace a Nurse who has lesser hour period following the expiration of the fourteen (14) days’ notice, bump into positions held by less senior Clinical Laboratory Scientists in their component. The bumped Clinical Laboratory Scientists may elect to follow the same bumping procedure within the same seventy- two (72) hour period or may volunteer for layoff. (All bumps to be accomplished within the same seventy-two (72) hour period). For purposes of recall, seniority will be exercised. Non- bargaining unit seniority employees cannot bump into bargaining unit positions. For purposes of this Agreement, the Hospitals are recognized as separate employers; 'Microbiology' and whose work 'General Laboratory' shall be recognized as the Nurse subject to layoff is qualified to perform. The Employer will provide separate “components” within each Hospital.
C. For a familiarization period of up to thirtyone ( 1 ) year from the date of layoff, Clinical Laboratory Scientists will be recalled, in order of bargaining unit seniority, to vacancies that occur at the Hospital provided they are qualified and have the ability to competently perform, with no more than (15) days orientation the available work (it being understood that the Hospital will notify the Union of its conclusion that a Clinical Laboratory Scientist has not demonstrated his/her ability within said fifteen (15) days prior to terminating the Clinical Laboratory Scientist). A Clinical Laboratory Scientist who is laid off shall retain seniority until he/she has been offered a relatively equal position or until one (1) year has elapsed from the date of layoff.
D. It is the responsibility of the individual Clinical Laboratory Scientist to update the Human Resources Department in writing with current address and phone numbers for recall purposes. A recalled Clinical Laboratory Scientist must accept recall within seventy-seven point five two (37.572) hours and return to work at the Hospital within fourteen (14) days from the mailing of a certified letter advising the Clinical Laboratory Scientist of available employment. If a Clinical Laboratory Scientist does not accept recall within seventy-two (72) hours, as determined by the Employer.
iv) In this ArticleClinical Laboratory Scientist will be considered to have voluntarily resigned. Upon recall from layoff status, 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 Clinical Laboratory Scientist will be entitled to receive severance pay restoration of seniority and placement at the same wage rate in accordance with effect at the Employment Standards Acttime of the layoff. Clinical Laboratory Scientists who experience a 12-month or more absence due to workforce reduction will lose seniority for all purposes.
vi) E. If the Nurse has the seniority it becomes operationally necessary to bump someone and chooses instead transfer Clinical Laboratory Scientists from one laboratory component to take the layoffanother, 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 areavolunteers shall first be sought, the affected Nurse(s) in that area then transfers shall be laid off made in the reverse order of bargaining unit seniority provided that the Nurses who are entitled to remain on the basis of seniority Clinical Laboratory Scientists are qualified to perform the work available. Employees laid off in a specific geographic area shall and 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 ability to perform the available work on with reasonable orientation. A Clinical Laboratory Scientist may elect layoff in lieu of transfer.
F. The parties agree that any of the basis Clinical Laboratory Scientists can voluntarily agree to a reduction in his/her hours in lieu of layoffs being implemented under the layoff language in the Agreement between the parties. Where additional work hours become available subsequent to such a voluntary decision to reduce hours, the most senior employee who has agreed to a voluntary reduction in hours shall receive the first chance to work the additional hours that become available up to the number of hours that Clinical Laboratory Scientist gave up in the voluntary reduction of hours. The parties also agree that additional work hours that are available will be offered to those Clinical Laboratory Scientists that have voluntarily reduced his/her hours in lieu of layoff before the hours are made available to be worked by per diem Clinical Laboratory Scientists, but the Hospital may use per diems without offering the hours to Clinical Laboratory Scientists who have voluntarily reduced hours when the Hospital has less than twenty- four ( 24) hours to fill the shift or hours. The parties agree that if sufficient hours are available to post a regular part- time or full-time position, the Hospital will first restore hours to Clinical Laboratory Scientists who have voluntarily reduced their hours unless to do so will negatively impact laboratory staffing.
G. The Hospital will provide information regarding current vacancies at the time of layoff to Clinical Laboratory Scientists who are laid off, and those Clinical Laboratory Scientists can use her/his skill, ability, experience, qualification, training and educationseniority to bid for vacant bargaining unit positions during the recall period.
(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
